PART II S CLOSURE OF YORKHILL BASIN

Closure of Yorkhill Basin S

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

Commencement Information

I1 Art. 3 in force at 12.3.2002, see art. 1

Removal of vessels from Yorkhill Basin S

4.—(1) Before exercising the power conferred on them by Article 3 (closure of Yorkhill Basin) of this Order to close Yorkhill Basin the Company shall–

(a) publish a notice of its intention to do so in Lloyd’s List and once in each of two successive weeks in a local newspaper published or circulating in Glasgow 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 port; and

(c) give notice thereof in writing to the Scottish Ministers.

(2) Each of the notices shall:–

(a) state that the Company intends to close Yorkhill Basin 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 Yorkhill Basin.

(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(1).

Commencement Information

I2 Art. 4 in force at 12.3.2002, see art. 1

As to vessels entering Yorkhill Basin after date of closure S

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.

Commencement Information

I3 Art. 5 in force at 12.3.2002, see art. 1

Rights of navigation on Yorkhill Basin extinguished S

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.

Commencement Information

I4 Art. 6 in force at 12.3.2002, see art. 1

(1)

1847 c. 27.