Subject to paragraph (3), if the works are not substantially commenced within five years from the date of coming into force of this Order or such extended time as the Scottish Ministers may on the application of the Commissioners allow by consent in writing, then on the expiration of that period or such extended time (as the case may be) the powers granted by this Order to the Commissioners for making and maintaining the works shall cease.

The works shall be deemed to have been substantially commenced for the purposes of paragraph (1) if Work No. 13 shall have commenced.

Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 3 (power to construct works) or article 5 (subsidiary works).

A consent given under paragraph (1) may be given unconditionally or subject to terms and conditions.

As soon as reasonably practicable after a consent is given under paragraph (1), the Commissioners shall arrange for a notice to be published in the Edinburgh Gazette and in a local newspaper circulating in the area where the harbour is situated and the notice shall contain a concise summary of that consent.

During the period of one month beginning with the date on which any notice is published in a local newspaper under paragraph (5), a copy of the consent referred to in that notice shall be kept by the Commissioners at the offices of the Commissioners situated at the harbour and shall at reasonable hours be open to public inspection without payment.