PART 2DUTIES AND POWERS OF CLYDEPORT OPERATIONS LIMITED

General functions4.

(1)

The Company may, subject to the provisions of this Order, take all such steps from time to time as it considers necessary or desirable for the maintenance, operation, management and improvement of the port and the port facilities afforded therein or in connection therewith, and for the conservation of the port’s flora, fauna and geological and physiographical features of special interest.

(2)

For those purposes and without limitation to the scope of paragraph (1) the Company may—

(a)

improve, maintain, regulate, manage, mark and light the port and provide port facilities therein,

(b)

subject to obtaining the necessary consents and rights in or over land—

(i)

execute and place in and over the port such structures, works and equipment as are required, and

(ii)

operate, maintain, renew, alter, extend, demolish and reconstruct structures, port facilities, works and equipment in the port (including those executed or placed pursuant to sub-paragraph (i) above), and

(c)

do all other things which in its opinion are expedient to facilitate the operation, improvement or development of the port undertaking.

(3)

In the exercise of the powers of sub-paragraph (2)(b) above, the Company must not—

(a)

interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker, or

(b)

do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus, without the consent of the statutory undertaker concerned.

(4)

This article is without limitation to the powers of the Company under or by virtue of any other enactment.