{
  "url": "https://openlegislation.uk/montrose-harbour-revision-order-2026/article-5",
  "json_url": "https://openlegislation.uk/montrose-harbour-revision-order-2026/article-5.json",
  "legislation": "ssi/2026/273",
  "legislation_title": "The Montrose Harbour Revision Order 2026",
  "legislation_url": "https://openlegislation.uk/montrose-harbour-revision-order-2026",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Limits of port",
  "text": "(1) The Authority shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the 1964 Act (interpretation) (including jurisdiction for the purposes of pilotage under the 1987 Act), and the powers of the harbour master shall be exercisable, within the port, the limits of which shall comprise—\n(a) the area bounded by an imaginary line commencing at a point MPA-PL1 (56°42.14′N 002°26.24′W) on the level of high water, and then proceeding in a straight line in an easterly direction to a point MPA-PL2 (56°42.14′N 002°24.76′W), and then proceeding in a straight line in a northerly direction to a point MPA-PL3 (56°42.49′N 002°24.76′W), and then proceeding in a straight line in a westerly direction to a point MPA-PL4 (56°42.49′N 002°26.99′W) on the level of high water, and then following the level of high water in an overall westerly direction to a point MPA-PL5 (56°42.40′N 002°28.48′W) at the north end of New Bridge, and then proceeding in a straight line in a south-south westerly direction along the east face of New Bridge to a point MPA-PL6 (56°42.30′N 002°28.56′W) at the south end of New Bridge on the level of high water, and then following the level of high water in an overall easterly direction back to the point of commencement at a point MPA-PL1 (56°42.14′N 002°26.24′W), shown for illustrative purposes shaded blue and outlined red on the port limits plan, and\n(b) the extent of the port premises not within the area described in sub-paragraph (a), the current extent of which is shown for illustrative purposes shaded pink on the port premises plans.\n(2) The port premises shall be deemed to be operational land within the meaning and for the purposes of the Town and Country Planning (Scotland) Act 1997.\n(3) A tidal work consisting of a wharf or any part of it, except a pontoon, which forms part of the port undertaking shall, to the extent that it lies outwith the area of Angus Council, be annexed to and incorporated within that area.\n(4) The limits within which the provisions of the Montrose Port Orders 1894 to 2003 are to apply shall comprise the limits of the port described in paragraph (1), and accordingly any reference to “Harbour”, “the harbour”, “the Harbour” or “The Harbour” contained in those Orders or in any byelaws, order or regulations made under them shall be construed as a reference to “the port” defined in article 2, and any reference to “harbour estate” contained in those Orders or in any byelaws, order or regulations made under them shall be a reference to the “port premises” defined in article 2.\n(5) In the event of any discrepancy between the descriptions of the boundaries of the port referred to in this article and the boundaries shown on the port limits plan and the port premises plans, the descriptions in question shall prevail over the said plans.\n(6) The Authority must keep, and make available for inspection at its port office and on its port website from the day on which this Order comes into force, an illustrative plan.\n(7) The Authority must update the illustrative plan to reflect any alterations to the extent of the port premises within the period of 30 days beginning with the day on which the alterations are made.\n(8) In this article “illustrative plan” means a plan showing, for illustrative purposes only, the port limits as described in this article.\n(9) For and incidental to the performance of its port functions, the Authority may employ and appoint harbour masters.\n(10) The Authority shall, within the port, be a local lighthouse authority within the meaning of sections 193 (general and local lighthouse authorities) and 201 (powers of harbour authorities) of the 1995 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "“operational land” is defined in section 215 to which there are amendments not relevant to this Order, which section is subject to section 216."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2026/273/article/5",
    "retrieved_at": "2026-10-28T20:28:55.520153+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}