{
  "url": "https://openlegislation.uk/western-isles-islands-council-brevig-harbour-empowerment-order-1993/article-6",
  "json_url": "https://openlegislation.uk/western-isles-islands-council-brevig-harbour-empowerment-order-1993/article-6.json",
  "legislation": "uksi/1993/2908",
  "legislation_title": "The Western Isles Islands Council (Brevig) Harbour Empowerment Order 1993",
  "legislation_url": "https://openlegislation.uk/western-isles-islands-council-brevig-harbour-empowerment-order-1993",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "General byelaws",
  "text": "(1) The Council may from time to time make byelaws for the efficient management and regulation of the harbour and the undertaking.\n(2) Without prejudice to the generality of paragraph (1) above, byelaws made under this article may provide for–\n(a) preventing and removing obstructions or impediments within the harbour, and at or in or on the quays and other works and accesses of the harbour;\n(b) regulating the berthing or removal of vessels lying in any part of the harbour;\n(c) regulating the management and superintendence of the harbour;\n(d) regulating the conduct of the owners, masters and crews of vessels and the conduct of boatmen with regard to the rate of speed at which they may proceed within the harbour and the mode of navigating vessels;\n(e) regulating the conduct of persons working in or resorting to any fish market operated or maintained by the Council and for preventing nuisances at any such market;\n(f) regulating the use of any fish market provided, operated or maintained by the Council;\n(g) regulating the conveyance to and the laying down at or on the quays of the harbour, of all goods intended for shipment;\n(h) regulating the conveyance, landing, laying down, discharge and removal of goods, gear, equipment, timber, logs, floats, or rafts of timber and other items within the harbour.\n(3) Byelaws made under this article may–\n(a) provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given thereunder on summary conviction, fines not exceeding level 3 on the standard scale;\n(b) relate to the whole of the harbour or to any part thereof;\n(c) make different provisions for different parts of the harbour or in relation to difference classes of vessels.\n(4) Where a person is charged with an offence against a byelaw in force under this article, it shall be a defence that the offence was not caused or facilitated by any act or neglect on his part or on the part of any person engaged or employed by him and, if he was at the material time the owner or master of a vessel, that all reasonable steps were taken to prevent the commission of the offence.\n(5) For byelaws made under this article the confirming authority for the purposes of section 202 of the Local Government (Scotland) Act 1973 shall be the Secretary of State; and where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1973 c. 65."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "uksi/1995/2007",
      "affecting_title": "The Western Isles Islands Council (Various Harbours Jurisdiction and Byelaws) Harbour Revision Order 1995"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/2908/article/6",
    "retrieved_at": "2026-10-29T13:46:39.328970+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."
}