The Clydeport (COP 26 etc.) Harbour Revision Order 2021

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Clydeport (COP 26 etc.) Harbour Revision Order 2021 and shall come into force on the day after the day on which it is made.

Interpretation

2.—(1) In this Order—

“the 1965 Order” means the Clyde Port Authority Order 1965(1),

“charges” means the charges, rates, tolls and dues which the Company is for the time being authorised to demand, take and recover in relation to the port undertaking,

“the Clydeport Acts and Orders 1965 to 2018” means the 1965 Order, the Clyde Port Authority Revision Order 1968(2), the Clyde Port Authority Order Confirmation Act 1969(3), the Clyde Port Authority Scheme 1991 Confirmation Order 1992(4), the Clydeport (Closure of Yorkhill Basin) Harbour Revision Order 2002(5), the Clydeport (Closure of Govan Basin) Harbour Revision Order 2004(6) and the Clydeport Operations Limited (Greenock Ocean Terminal Cruise Berth) Harbour Revision Order 2018(7),

“the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and schedule 8 to, the Merchant Shipping Act 1995(8),

“the Company” means Clydeport Operations Limited,

“COP 26” means the UN Climate Change Conference which is being held at the Scottish Event Campus in Glasgow between 1 November 2021 and 12 November 2021,

“the COP 26 period” means 27 October 2021 to 11.59 p.m. on 15 November 2021,

“the COP 26 period commencement date” means 27 October 2021,

“the COP 26 period termination date” means 11.59 p.m. on 15 November 2021,

“general direction” means a direction given under article 5 of this Order,

“the harbour master” means any person appointed as such by the Company, and includes the harbour master’s duly authorised deputies and assistants and any other person for the time being authorised by the Company to act, either generally or for a specific purpose, in the capacity of harbour master,

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle,

“jet bike” means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a water jet engine or other mechanical means of propulsion and steered either—

(a)

by means of a handlebar-operated linkage system (with or without a rudder at the stern),

(b)

by the person or persons riding the craft using their body weight for the purpose, or

(c)

by a combination of the methods referred to in (a) and (b) above,

“land” includes land covered by water except where expressly stated otherwise,

“the level of high water” means the level of mean high-water spring tides,

“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being,

“the permanent port limits plan” means the plan showing the limits of the port up to the level of high water prepared in duplicate, signed and dated with reference to this Order and marked “Signed permanent port limits plan referred to in the Clydeport (COP 26 etc.) Harbour Revision Order 2021”, one copy of which is deposited at the offices of the Scottish Government, Transport Scotland, AMFC Directorate, Victoria Quay, Edinburgh, EH6 6QQ and the other at the office of the Company, 16 Robertson Street, Glasgow, Strathclyde, G2 8DS,

“personal watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull,

“port” means the port as defined in article 5(1) of the 1965 Order, the limits of which are described in article 14 of the 1965 Order,

“port facilities” includes shipping, fisheries, marine, recreational, residential, leisure, tourism and retail facilities (including buildings),

“port undertaking” means the undertaking for the time being of the Company,

“special direction” means a direction given under article 7 of this Order,

“the temporary additional area” is shown for information purposes shaded hatched blue on the temporary port limits plan and means—

(a)

the area of the River Kelvin up to the level of high water between—

(i)

the east side of the bridge over the River Kelvin on Benalder Street in the City of Glasgow, and

(ii)

the River Clyde, and

(b)

the area of the River Clyde up to the level of high water between the west side of Albert Bridge in the City of Glasgow and the west side of the Clyde Tidal Weir,

“the temporary port limits plan” means the plan showing the temporary additional area prepared in duplicate, signed and dated with reference to this Order and marked “Signed temporary port limits plan referred to in the Clydeport (COP 26 etc.) Harbour Revision Order 2021”, one copy of which is deposited at the offices of the Scottish Government, Transport Scotland, AMFC Directorate, Victoria Quay, Edinburgh, EH6 6QQ and the other at the office of the Company, 16 Robertson Street, Glasgow, Strathclyde, G2 8DS,

“vessel” includes a ship, boat, houseboat, raft or water craft of any description, however propelled or moved, and includes non-displacement craft, a jet bike, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily).

(2) All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.

(1)

1965 ch. xlv.

(2)

S.I. 1968/788.

(3)

1969 c. xxxi.

(4)

S.I. 1992/304.

(5)

S.S.I. 2002/121.

(6)

S.S.I. 2004/207.

(7)

S.S.I. 2018/367.

(8)

1995 c. 21. Schedule 8 was amended by section 55 of the Scotland Act 2016 c. 11.