Scottish Statutory Instrument 2002 No. 121

Clydeport (Closure of Yorkhill Basin) Harbour Revision Order 2002

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"port" means the port within the limits defined in section 14 (Jurisdiction of Port Authority) of the Clyde Port Authority Order Confirmation Act 1965[5];

"Yorkhill Basin" means the area shown coloured blue on the signed deposited plan.

    (3) If the master of any vessel within Yorkhill 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 Yorkhill Basin and moorland 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 or 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 Yorkhill Basin after date of closure
     5. If any vessel enters Yorkhill Basin after the date specified in accordance with paragraph (2)(b) of Article 4 (removal of vessels from Yorkhill Basin) of this Order, the harbourmaster may direct the master of such vessel forthwith to remove the vessel from Yorkhill 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 Yorkhill Basin before the said date.

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


DAVID A HART
A member of the staff of the Scottish Executive

Victoria Quay, Edinburgh
11th March 2002

[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 (S.I. 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] 1965 c.xlv.back

[6] 1847 c.27.back