The Peterhead Harbours Revision Order 1998

PART III TEMPORARY CLOSURE OF HARBOUR

Temporary closure of area of works

15.—(1) For the purpose of carrying out the works the trustees may notwithstanding anything in any enactment (other than this Order)–

(a) temporarily close the area of works to vessels by means of one or more coffer dams at such places within the harbours as the trustees shall think fit;

(b) dry out the area of works by pumping or otherwise and carry out all such measures and construct or install all such valves, sluices, gates, pipes, channels, aqueducts, pumps and similar works of a temporary nature as may be necessary to convey water entering the area of works into tidal waters.

(2) Notwithstanding anything contained in this Order, the area of works shall not be closed to vessels for a period continuous or discontinuous longer than two years.

Removal of vessels from area of works

16.—(1) Before exercising the power conferred on them by Article 15 (Temporary closure of area of works) of this Order temporarily to close the area of works to vessels the trustees shall–

(a) publish a notice of their intention to do so in Lloyd’s List, in the Edinburgh Gazette and once in each of two successive weeks in a local newspaper published or circulating in Peterhead, with an interval between the dates of publication of not less than six clear days;

(b) display notice thereof in a conspicuous position in the harbours; and

(c) give notice thereof in writing to the Secretary of State.

(2) Each of the notices shall–

(a) state that the trustees 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 referred to in paragraph (1)(a) above, 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 same before the date specified in accordance with paragraph 2(b) above, the harbourmaster 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.

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

(5) The powers conferred on the trustees 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 Act of 1847.

As to vessels entering area of works on or after date of closure

17.  If any vessel enters the area of works on or after the date specified in accordance with paragraph (2)(b) of Article 16 (Removal of vessels from area of works) of this Order, and during the period of temporary closure, the harbourmaster may direct the master of such vessel forthwith to remove the vessel from the area of works, and if the master of such vessel does not forthwith comply with such a direction the provisions of paragraphs (3) to (5) inclusive of the said article 15 shall apply to and in respect of such vessel as if such vessel had been within the area of works before the said date.