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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040207.html

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2004 No. 207

HARBOURS, DOCKS, PIERS AND FERRIES

The Clydeport (Closure of Govan Basin) Harbour Revision Order 2004

  Made 4th May 2004 
  Coming into force 5th May 2004 


ARRANGEMENT OF ARTICLES


PART I

PRELIMINARY
1. Citation, commencement and extent
2. Interpretation

PART II

CLOSURE OF GOVAN BASIN
3. Closure of Govan Basin
4. Removal of vessels from Govan Basin
5. As to vessels entering Govan Basin after date of closure
6. Rights of navigation on Govan Basin extinguished

Whereas Clydeport Operations Limited, a company incorporated under the Companies Act 1985[
1] with the number 134759 has applied in writing for a harbour revision order under Section 14 of the Harbours Act 1964[2];

     And whereas no objections to the application have been made pursuant to paragraph 10(2)(f) of Schedule 3 to the said Act[3];

     Now, therefore, the Scottish Ministers, in exercise of the powers conferred by section 14 of the said Act[4] and of all other powers enabling them in that behalf, hereby make the following Order:



PART I

PRELIMINARY

Citation, commencement and extent
     1. This Order may be cited as the Clydeport (Closure of Govan Basin) Harbour Revision Order 2004 and shall come into force on 5th May 2004.

Interpretation
    
2. In this Order-



PART II

CLOSURE OF GOVAN BASIN

Closure of Govan Basin
     3. Subject to the provisions of this Order, the Company may close Govan Basin.

Removal of vessels from Govan Basin
    
4.  - (1) Before exercising the power conferred on it by Article 3 (closure of Govan Basin) of this Order to close Govan Basin the Company shall-

    (2) Each of the notices shall:-

    (3) If the master of any vessel within Govan Basin does not remove the same before the date specified in accordance with paragraph 2(b) above, the harbourmaster may cause that vessel to be removed from and moored or laid in any other place where it may without injury be moored or laid.

    (4) The Company may recover as a debt from the owner of any vessel removed as aforesaid all expenses incurred by it in respect of its removal.

    (5) The powers conferred on the Company and the harbourmaster by this Article shall be in addition to and without prejudice to the powers as to the removal of vessels conferred upon them by sections 64 and 65 of the Harbours, Docks and Piers Clauses Act 1847[
6].

As to vessels entering Govan Basin after date of closure
     5. If any vessel enters Govan Basin after the date specified in accordance with paragraph (2)(b) of Article 4 (removal of vessels from Govan Basin) of this Order, the harbourmaster may direct the master of such vessel forthwith to remove the vessel from Govan Basin, and if the master of such vessel does not forthwith comply with such directions the provisions of paragraphs (3) to (5) inclusive of the said Article 4 shall apply to and in respect of such vessel as if such vessel had been within Govan Basin before the said date.

Rights of navigation on Govan Basin extinguished
    
6.  - (1) After the date specified in accordance with paragraph 2(b) of Article 4 any right of navigation on Govan Basin shall be extinguished.

    (2) After the date specified in accordance with paragraph 2(b) of Article 4 any obligation upon the Company to maintain Govan Basin for the purposes of navigation shall be extinguished.


DAVID M HART
A member of staff of the Scottish Ministers

St Andrew's House, Edinburgh
4th May 2004



EXPLANATORY NOTE

(This note is not part of the Order)


This Order empowers Clydeport Operations Limited to close Govan Basin, extinguishes any right of navigation thereon and extinguishes any obligation on Clydeport Operations Limited to maintain Govan Basin for the purposes of navigation.



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Notes:

[1] 1985 c.6.back

[2] 1964 c.40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4 and 14 and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1.back

[3] Paragraph 10(2)(f) was inserted by the Harbour Works (Environmental Impact Assessment) Regulations (SI 1999/3445), Regulation 15(4) and Schedule 3.back

[4] The Scottish Ministers are the "appropriate Minister" under section 14(7) of the Harbours Act 1964 (c.46).back

[5] Schedule to 1965 c.xlv.back

[6] 1847 c.27.back



ISBN 0 11 069170 9


  © Crown copyright 2004

Prepared 30 June 2004


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