PART 3

HARBOUR REGULATION

Power to make general directions as to use of the port, etc.
5
1
Subject to paragraph (4), the Company may, after consultation with the UK Chamber of Shipping, the Commissioners of Northern Lighthouses, the Royal Yachting Association Scotland and such other persons or organisations as it considers appropriate for the purposes of the application of this provision, give general directions in order to promote or secure conditions conducive to the ease, convenience or safety of navigation, the safety of persons, or for the conservation of fauna, avifauna and flora in the port (and during the COP 26 period, the temporary additional area) and, without limitation to the scope of the foregoing, for any of the following purposes—
a
designating areas, routes or fairways in the port and the approaches to the port which vessels are to use, or refrain from using, for movement, mooring or anchorage,
b
securing that vessels move within the port only at certain times or during certain periods,
c
securing that vessels make use of descriptions of aids to navigation specified in the direction,
d
prohibiting entry into or navigation within any of the main fairways within the port or the approaches leading to it during any temporary obstruction of the fairways,
e
regulating the admission to, and the movement within, and the departure of vessels from, the port, or the removal of vessels, and for the good order and government of vessels whilst within the port,
f
prohibiting entry into or movement in the port by vessels at times of poor visibility due to the weather or to the presence of dust or smoke provided that no such direction shall prevent the entry into the port or the approaches of any vessel seeking refuge from stress of weather,
g
regulating the navigation, berthing, mooring and speed of vessels within the port,
h
regulating the use of ferries within the port,
i
regulating the use within the port of yachts, sailing boats, sailboards, rowing boats, rowing punts, jet bikes, personal watercraft, pleasure craft and other small craft,
j
regulating the launching of vessels within the port,
k
regulating the use of tugs within the port,
l
requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
A direction under this article may apply—
a
to all vessels or to a class of vessels,
b
to persons designated in the direction,
c
to the whole of the port or to a part, or
d
at all times or at certain times or at certain states of the tide,
and every direction must specify the extent of its application in relation to the matters referred to in sub- paragraphs (a), (b), (c), and (d).
3
The Company may, after consultation with the UK Chamber of Shipping, the Commissioners of Northern Lighthouses, the Royal Yachting Association Scotland and such other persons as the Company considers appropriate for the purposes of the application of this provision, revoke or amend any general direction.
4
The consultation requirements in paragraphs (1) and (3) do not apply where in the interests of navigational safety, or safety of persons, the Company proposes to give, amend or revoke a general direction—
a
in an emergency, or
b
relating to an intended, potential or actual activity or operation within the port or the temporary additional area which is expected to commence or occur within the COP 26 period,
and the Company considers that the giving, amending or revocation of that general direction is required, taking into account other activities or operations in the port and, during the COP 26 period, the temporary additional area, which may be affected.
5
Any general direction made or amended without consultation will be in force only for the period of the emergency, or the COP 26 period.
6
During the COP 26 period reference to the ‘port’ in sub-paragraphs (1)(a) to 1(l) and 2(c) is extended to include the temporary additional area.