The Fraserburgh Harbour Revision Order 2011

Removal of vessels from area of works

19.—(1) Before exercising the power conferred on them by article 18 (temporary closure of area of works) of this order temporarily to close the area of works to vessels the Commissioners shall—

(a)publish a notice of the intention to temporarily close part of the harbour in Lloyd’s List and once in each of two successive weeks in a local newspaper circulating in Fraserburgh, with an interval between the dates of publication of not less than six clear days;

(b)display a copy of the notice in a visible position in the harbour; and

(c)notify the Scottish Ministers in writing of the Commissioners’ intention temporarily to close part of the harbour.

(2) Each of the notices shall—

(a)state that the Commissioners intend temporarily to close the area of works to vessels; and

(b)specify a date, which shall be a date not earlier than one month after the date of the latest of the three publications, by which all vessels must be removed from the area of works.

(3) If the master of any vessel within the area of works does not remove the vessel before the date specified in paragraph 2(b), the harbour master may cause that vessel to be removed from the area of works and moored or laid in any other place where it may without injury be moored or laid and any expenditure incurred by the Commissioners in removing that vessel shall be recoverable from the master of that vessel.

(4) The powers conferred on the harbour master and the Commissioners by this article is in addition to and without prejudice to the powers relating to the removal of vessels conferred upon them by sections 64 and 65 of the Harbours, Docks and Piers Clauses Act 1847(1).