Article 17 Period for completion of works

Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Ministers may on the application of the Authority allow by consent in writing, then on the expiration of that period or such extended time (as the case may be) the powers granted to the Authority by this Order for making and maintaining the works shall cease to have effect unless the works have been substantially commenced.

As soon as reasonably practicable after any consent is given under paragraph (1), the Authority shall arrange for a notice to be published in the Edinburgh Gazette and in a local newspaper circulating in the area where the port is situated and the notice shall contain a summary of the effect of that consent.

During the period of one month beginning with the date on which any notice is published in a local newspaper under paragraph (2), the Authority shall keep a copy of the consent referred to in that notice open to public inspection at their principal office at all reasonable hours, without payment.

The works shall be deemed to have been substantially commenced for the purposes of paragraph (1) where so much of Work No. 2 has been carried out as is necessary to enable the other works to be constructed, maintained and managed as a port for the efficient and economic transport of goods or passengers by sea.

Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 5 (power to construct works) or article 7 (subsidiary works).