PART 2DUTIES AND POWERS OF CLYDEPORT OPERATIONS LIMITED

Extension of the Port Limits to include the Docks and Works3.

(1)

The 1965 Order is amended as follows—

(a)

in article 1414 omit paragraph 2 and substitute—

“(2)

The Port Authority and the harbour master shall exercise jurisdiction within—

(a)

that part of the river and firth of Clyde between the landward limit and the seaward limits (other than the area within the jurisdiction of the Ardrossan Harbour Company Limited, as defined in section 22 (Limits of the Harbour defined) of the Ardrossan Harbour Consolidation Act 1864) and within all sea lochs and channels within that part up to the level of mean high water springs, shown for information purposes shaded pink on the deposited plan, and

(b)

the docks and works.”, and

(b)

in article 5(1) insert between the definitions of “daily fine” and “docks and works”—

““the deposited plan” means the plan deposited with the Clydeport (COP 26 etc.) Harbour Revision Order 2021 with the title ‘permanent port limits plan’;”.

(2)

The Company must keep, and make available for inspection at its office and on its website from the day on which this Order comes into force, an illustrative plan.

(3)

The Company must update the illustrative plan to reflect any alterations to the extent of the docks and works within the period of 30 days beginning with the day on which the alterations are made.

(4)

In this article—

“illustrative plan” means a plan showing, for illustrative purposes only, the port limits as described in article 1415 of the 1965 Order (as amended).

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.