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Article 23 General directions to vessels

Original text. Later amendments are not shown.

(1)

The Authority 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 Authority considers are representative of users of the port and in order to promote or secure conditions conducive to the ease, convenience or safety of navigation or the safety of persons, and for the conservation of the port’s flora, fauna and geographical and physiographical features of special interest, give general directions for any of the following purposes—

(a)

designating areas, routes or fairways in 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, watercraft, pleasure craft, e-foils and other small craft,

(j)

regulating the launching of vessels within the port,

(k)

regulating the use of tugs within the port, or

(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 general direction under this article may apply—

(a)

to all vessels or to a class of vessels designated, or for which the designation is provided for, in the direction,

(b)

to the whole of the port or to a part designated, or for which the designation is provided for, in the direction,

(c)

at all times or at times designated, or for which the designation is provided for, in the direction,

and every direction under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c).

(3)

The Authority 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 Authority consider are representative of users of the port, revoke or amend any general direction.

(4)

The consultation requirements in paragraph (1) and (3) do not apply where in the interests of navigational safety, or the safety of persons, the Authority proposes to give, amend or revoke a general direction in an emergency.

(5)

Any general direction made or amended without consultation will be in force only for the period of the emergency.