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Letter to Chairman of CAYF from CHA

By Doug Macewen Crouch Area Yachting Federation (CAYF)

Tuesday, 28 April 2020

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Crouch Area Yachting Federation (CAYF) Contributor

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The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Thank you for your letter requesting clarification about the provision of the access to vessels afloat within the Crouch Harbour Authority area. We explain below the implications and provisions of the Emergency regulations for you to better understand the restrictions placed on the general population and those using our waters for recreation. It includes the enforcement powers conferred on the police and government agencies, although the CHA and other Statutory Harbour Authorities appear not to be specifically included.

Regulation 6 provides that during the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse which includes: obtaining basic necessities, taking exercise, seeking medical assistance, providing care or assistance to a vulnerable person, blood donation, travelling for the purposes of work, voluntary or charitable activities where it is not reasonably possible to undertake them from home, to attend a funeral in limited circumstances, to fulfil a legal obligation, to access critical public services, to facilitate child access arrangements between parents, to enable religious leaders to attend their place of worship, to move house where reasonably necessary, and to avoid injury or illness or to escape harm.

Regulation 7 prohibits public gatherings of more than two people except in permitted circumstances such as: where all persons are members of the same household, where the gathering is essential for work purposes, where the gathering is a funeral, or where the gathering is reasonably necessary to facilitate a house move, provide care or assistance to a vulnerable person, provide emergency assistance or to participate in legal proceedings or fulfil a legal obligation.

Regulations 8, 9 and 10 set out the powers of the police to enforce the regulations.

The powers granted by SI 350 must be reviewed every 21 days.[1] On 16 April, the government extended the lockdown for a further 21 days (to 7 May).[8]

For the purposes of this regulation—

(a)a “relevant person” means—

(i)a constable,

(ii)a police community support officer,

(iii)subject to paragraph (13), a person designated by a local authority for the purposes of this regulation, or

(iv)a person designated by the Secretary of State for the purposes of this regulation;

(b)references to a requirement include references to a restriction.

Obviously it is not in the interests of the CHA or the police to have vessels sinking within the CHA’s jurisdiction and possible litigation, if boat owners are prevented from carrying out essential maintenance on vessels afloat. The Harbourmaster has recently carried out an inspection of the Rivers Crouch and Roach and logged 93 vessels on moorings and private jetties. Captain Harrison has from the start of the emergency been in regular liaison with the Essex Marine Police about the enforcement of the Emergency Regulations; she has now agreed a local working arrangement with them as long as it is not abused. If a representative of the Clubs or a boat owner has a need to go and check their boats/moorings, for essential maintenance, the individual should contact the Crouch Harbour Office, in the first instance, prior to a visit to request permission. This will then be logged and shared with the Marine Police so all are aware of the circumstances, the duration and purpose of the visit. Social distancing must of course be maintained.

I hope this goes some way to helping your members.

Regards

Doug MacEwen

Chair, Crouch Harbour Authority

Contact Information

Doug Macewen

  • 01245321126

Find Crouch Area Yachting Federation (CAYF)

64 Broughton Rd, South Woodham Ferrers, Chelmsford, Essex, CM3 5YX

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