The Clydeport (Closure of Govan Basin) Harbour Revision ... · The Clydeport (Closure of Govan...

SCOTTISH STATUTORY INSTRUMENTS

2004 No. 207

HARBOURS, DOCKS, PIERS AND FERRIES

The Clydeport (Closure of Govan Basin) Harbour RevisionOrder 2004

Made

Coming into force -

4th May 2004

5th May 2004

ARRANGEMENT OF ARTICLESPART I

PRELIMINARY1. Citation, commencement and extent

2. Interpretation

PART IICLOSURE OF GOVAN BASIN

3. Closure of Govan Basin4. Removal of vessels from Govan Basin5. As to vessels entering Govan Basin after date of closure6. Rights of navigation on Govan Basin extinguished

Whereas Clydeport Operations Limited, a company incorporated under the Companies Act1985(a) with the number 134759 has applied in writing for a harbour revision order under Section14 of the Harbours Act 1964(b);

And whereas no objections to the application have been made pursuant to p,tragraph !O(2)(j') oj'ScheduJe 3 to the said Act(e);

Now, therefore, the Scottish Ministers, in exercise of the powers conCerred hy ~CL·ti()n14 oj' thesaid Act(d) and of all other powers enabling them in that behalf, hereby makc thc I'ullowing Order:

(a) 1985 c.6.(b) 1964 c.40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Scheduk 6. paragraphs 2 to 4 and 14

and by the Transport and Works Act 1992 (c.42), Schedule 3, paragr

PART IPRELIMINARY

Citation, commencement and extent

1. This Order may be cited as the Clydeport (Closure of Govan Basin) Harbour Revision Order2004 and shall come into force on 5th May 2004.

Interpretation

2. In this Order-

"Company" means Clydeport Operations Limited;

"deposited plan" means the plan prepared in duplicate and signed on behalf of the ScottishMinisters and marked "Plan referred to in Article 2 of the Clydeport (Closure of Govan Basin)Harbour Revision Order 2004" of which one is deposited with the Scottish Ministers at theScottish Executive, Victoria Quay, Edinburgh EH6 6QQ, and the other with the harbour officeof the Company;

"port" means the port within the limits defined in section 14 (Jurisdiction of Port Authority) ofthe Clyde Port Authority Order 1965(a);"Govan Basin" means the area shown coloured blue on the signed deposited plan.

PART IICLOSURE OF GOVAN BASIN

Closure of Govan Basin

3. Subject to the provisions of this Order, the Company may close Govan Basin.

Removal of vessels from Govan Basin

4.-(1) Before exercising the power conferred on it by Article 3 (closure of Govan Basin) of thisOrder to close Govan Basin the Company shall-

(a) publish a notice of its intention to do so in Lloyd's List and onCe in each of twosuccessive weeks in a local newspaper published or circulating in Glasgow with aninterval between the dates of publication of not less than six clear days;

(b) display notice thereof in a conspicuous position in the port; and(c) give notice thereof in writing to the Scottish Ministers.

(2) Each of the notices shall:-

(a) state that the Company intends to close Govan Basin to vessels; and(b) specify a date, which shall be a date not earlier than one month after the date of the latest

of the three publications, by which all vessels must be removed from Govan Basin.(3) If the master of any vessel within Govan Basin does not remove the same before the date

specified in accordance with paragraph 2(b) above, the harbourmaster may cause that vessel to beremoved from and moored or laid in any other place where it may without injury be moored orlaid.

(4) The Company may recover as a debt from the owner of any vessel removed as aforesaid allexpenses incurred by it in respect of its removaL

(a) Schedule to 1965 c.xlv.

2

(5) The powers conferred on the Company and the harbourmaster by this ArticIe shall be inaddition to and without prejudice to the powers as to the removal of vessels conferred upon themby sections 64 and 65 of the Harbours, Docks and Piers Clauses Act 1847(a).

As to vessels entering Govan Basin after date of closure

5. If any vcssel enters Govan Basin after the date specified in accordance with paragraph (2)(b)of Article 4 (removal of vessels from Govan Basin) of this Order, the harbourmaster may directthe master of such vessel forthwith to rcmove the vessel frOm Govan Basin, and jf the master ofsuch vessel does not forthwith comply with such directions the provisions of paragraphs (3) to (5)inclusive of the said Arrick 4 shaJl apply to and in respect of such vessel as if such vessel hadbeen within Govan Basin before the said date.

Rights of navigation on Govan Basin extinguished

6.-( 1) After the date specified in accordance with paragraph 2(b) of Article 4 any right ofnavigation on Govan Basin shall be extinguished.

(2) After the date specified in accordance with paragraph l(b) of Article 4 any obligation uponthe Company to maintain Govan Basin for the purposes of navigation shall be extinguished.

DA VID M HARTA member of staff of the Scottish Ministers

St Andrew's House,Edinburgh4th May 2004

(a) 1847 c.27.

3

EXPLANATORY NOTE

(This note is not part of the Order)

This Order empowers Clydeport Operations Limited to close Govan Basin, extinguishes anyright of navigation thereon and extinguishes any obligation on Clydeport Operations Limited tomaintain Govan Basin for the purposes of navigation ..

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UNVERIFIED

--1:500""11: JUtY't!--1151'106/

l

Willis D Derek

From:Sent:To:Subject:

Alan

Willis D (Derek)30 July 2004 09:53'alan. [email protected]·Govan Basin - HRO

Thank yo for your letter of 29th July. Now that you have dealt with the formal advertisement andnotificati procedures, I am pleased to confirm that no further action is required on this case.

Regards

Derek

Derek WiScottishPorts andTel: 0131

IS

ecutivearbours Team44 7878

1

mailto:[email protected]�

SCOTTISH STATUTORY INSTRUMENTS

2004 No. 207

HARBOURS, DOCKS, PIERS AND FERRIES

The Clydeport (Closure of Govan Basin) Harbour RevisionOrder 2004

£3.00© Crown Copyright 2004

PI1nted in the UK bv The StationerY Office Limitedunder the authority ~nd superintendence of Carol Tullo. the Queen's Printer for Scotland150 06/04 J 9593

ISBN 0-11-069170-9

I9780110 691701

cGrigorsGlasgow Londort • Edirtburgh • Glasgow • Belfast

ydeport Operations Limited: Govan Basin - Harbour Revision Order

T ank you for your letter of 5 July. I have now dealt with the advertisement and notification of the-der as required in accordance with Schedule 3 to the Harbours Act 1964.

enc10se copies of the letters and Recorded Delivery slips as proof of service of the Notice andrtified true copies of the Herald and the Edinburgh Gazette in which the advertisement appeared23 July 2004.

Our Ref: AXB/JNSlCL0896.000009

Your Ref: 2SPP/2/14

Direct Dial Number: 014J 5679403

E-maiJ Address: [email protected]

July 2004

erek Willisrts and Harbours Teame Scottish Executiveansport Division 4

ictoria Quayinburgh66QQ

ease could you confirm that all formalities required have been carried out.

any thanks for your assistance.

ith best wishes.

ours sincerely

cific HouseWellington Street

lasgow G2 6SBX GW 135

Tel: +44 (0) 141 248 6677Fax: +44 (0) 141 221 1390www.mcgrigors.com

McGrigors is regulated by The Lavv Society of ScotlandThe principal place of work is Pacific House, 70 Wellington StreBe, Glasgow, G2 6SB

A list of partners' names is open to inspection at this address.

mailto:[email protected]://www.mcgrigors.com

of PollutionSCOTTI ENVIRONMENT PROTECTION AGENCYCONTR OF POLLUTION ACT 1974, SECTION 36(1)(A)INSTRU ENT OF CONSENT UNDER SECTION 34(3)Notice is ereby given, in accordance with Section 36(1)(a) of theControl Pollution Act 1974 (As Amended), that on 14th July2004 SE served on Mr and Mrs F R Sweet and Mr & Mrs PNugent instrument giving consent, subject to conditions, todischarg cubic metre per day of sewage effluent to the SpoutswellBurn at GR NO 0272 4300 from (a) The Shieling and (b)Strathvie ,Spoutswells, Dunkeld, PH8 OAZ.Any pe s n who wishes to make representations about theinstrume of consent should do so in writing to The Registrar,SEPA, 7 hitefriars Crescent, Perth, PH2 OPA not later than 3rdSeptemb 2004 quoting reference WPC/EI71243.A copy the instrument of consent may be inspected free ofcharge, t the above address ..Director Environmental Protection and Improvement

;;-~11:

M; Is]Xliw,a:4t

FisheriesDISEASES OF FISH ACT 1937 (AS AMENDED)DISEASES OF FISH (DESIGNATED AREA)(SCOTLAND) REVOCATION (\'110 71) ORDER 2004The above Order which revokes the Diseases of Fish (DesignatedArea) (Scotland) (No 86) Order 2002 comes into force on 24 July2004.Accordingly the Scottish Ministers in terms of Section 2(5) of theDiseases of Fish Act 1937, as amended, being satisfied that themarine waters contained within the fish rearing cages belongjng toHoove Salmon Limited atthe ..site known as Langsound, situatedsouth of Ux Ness, West Burra-, Shetland (OS grid ref: HU383353)are no longer infected waters, hereby revoke the above DesignatedArea Order.A Walker, A member of the staff of the Scottish Ministers

(20011164)

DISEASES OF FISH ACT 1937 (AS AMENDED)DISEASES OF FISH (DESIGNATED AREA) (SCOTLAND)REVOCATION (NO 72) ORDER 2004The above Order which revokes the Diseases of Fish (Designa!Area) (Scotland) (No 68) Order 2000 comes in to force on 242004.Accordingly the Scottish Ministers in terms of Section 2(5) ofDiseases of Fish Act 1937, as amended, being satisfied thamarine waters contained within the salmon rearing cages belo,to Panfish Scotland l..;imited.previously belonging to HighlaFarmers Limited at the site known as Kenmore, situated sKenmore, in·Loch a'Chracaich, Loch Torridon, Highland (

. ref: NG762567) are no longer infected waters, hereby revabove Designated Area Order.A Walker, A member of the staff of the Scottish Minister

~o~'~~~~~.30pm fromtern Road

____________ ••.•.•••.•. ~ ••••••...•.•.. .:>o:; ••• _ ••...•• "'" .•...••. LU_H>J," "H4d' ••~'_'44'" '-."- • __ n .- •••••

THE BEN LOMOND RESTAURANTVenue and crafts.Tarbet. Loch Lo:mond. Medieva1 church restaurantrustic Scottish food 10am-10pm. Special £9.95 m.enu 5·7pm. Spectacular views of Ben Lomond. 01301702393.

................................. .•RMJGIANA- Scotland~

excellent value me'heatre served 5.30pmIvisable. 447 Great7Vv.r.lapannigiana.co.

;n~e.e~O:r ~;::th~a;e ~;::~ ~~~~~.~~=e7~~u~.e~;::5t~ltaglasgo-w.COm.. STRA ~ Queen141 .221 ,1888.

THE PiPERS' TRYST. A sUbtlety Scottish restaurant witha comtemporary slant on the traditional. Co-Sy andintim.ate surroundings with friendly hospitality: .. itf:~ a~do~~:i~~:~~~:;o~:~:e~~es~:~eB~ri:i :.la Carte menus available. Summer Cellidhs - new for2004. also Availabe for Weddings, Christmas Party:Nights. HOgInanay. Conferences or Celebrations ofany kind! For menus or further information call 0141353 55~1 ,or em.ail [email protected].

UPLAWMOOR HOTEL & RESTAURAIliT village off A736Irvine Road. .nx:. -Barrhead. TwoAA Rosettes. A LaCarte, Table ,d'hote £21. Quality bar :meals. Real .Ales.New early even1ngmenu:from £12 served Sunday to

. Friday sprn"'1pm.01605 850565. wwvv.uplawmoor..co.uk. '. -'.

II 01:41 302 6090

bout the effects of thi Notice consult the Acquiringolicitor.he rights to compensfrom the Acquiring

:OTLAND) ACT 19ORISATION PROC{ ROAD (INVERKI,'URCHASE ORDEgiven that the Scottis:ions 103 to 108 inclus.on 110(2) of that Actnpulsory Purchase 0Railway Blidge - Rep

BLACKWATER SC ALimited. A Petition waspresented to the Court ofSession, Edinburgh on 16July 2004 by Blackwater

~n~~p~~~l~ad.i~ '§~~ll~aunder the Companies Act1985 and having itsRegistered Office at 191

}j;:':iow? :tfekf:g :~ ro~a~runder Section 186 of theCompanies Act 1985confl.hning the reductionof its share capi,tal

i?~~~~t~~r:~~SS:d s~:clt:~f~~~~~oll~~rn~U%r~~~"That. subject to theallotment and issue of theNew Ordinary Shares, theissued share ,capital of theCompany 'be reduced to£100 by cancelling andextinguishi1")g all of' theNew Ordinary Sharesnumbered 2 to 190.000.0011nclushte and -an amountequal to the aggregateamount of such reductionof share capital be creditedto the Company'sreserves."; in which

~t~:tg~ut~a

he Chamber of ShippingCarthusian Street

ondonCIM 6EZ

~CORDEDDELIVERY

July 2004

car Sirs

Iydeport Operations Limitedovan Graving Dock - Harbour Revision Order

Our Ref: AXB/1NS/CL0896.000009

Your Ref:

E-mai) Address: [email protected]

Direct Dial Number: 01415679403

e refer to our letter of 17 February 2004.

e act on behalf of Clydeport Operations Limited. Their application for a Harbour Revision Orderder Section 14 of the Harbours Act 1964 has been granted. The order entered into force on 5 May04.

e are required by the Scottish Executive in accordance with paragraph 24(1)( d) of Schedule 3 toe Harbours Act 1964, to serve upon you a copy of the Order and Plan. Please find enclosed a copyeach of these documents.

ours faithfully

c.

mailto:[email protected]

Scottish Environmental Protection AgencyGlasgow Office

aw Houseodd Campusest of Scotland Science ParkaryhiJ1 Roadlasgow

:120 OXA

CORDED DELIVERY

. 6 July 2004

Our Ref: AXB/JNS/CL0896.000009

Your Ref:

E-mail Address:[email protected]

Direct Dial Number: OJ41 5679403

lydeport Operations Limitedovan Graving Dock - Harbour Revision Order


e act on behalf of Clydeport Operations Limited. Their application for a Harbour Revision Ordernder Section 14 of the Harbours Act 1964 has been granted. The order entered into force on 5 May004.

e are required by the Scottish Executive in accordance with paragraph 24(1)( d) of Schedule 3 tot e Harbours Act 1964, to serve upon you a copy of the Order and Plan. Please find enclosed a copy

f each of these documents.

ours faithfu1Jy

nc.

mailto:Address:[email protected]

ottish Natural Heritagelydebank Officeaspian Houseariner Court

lydebank Business Parklydebank81 2NR

CORDED DELIVERY

July 2004

ear Sirs

ydeport Operations Limitedovan Graving Dock - Harbour Revision Order


Our Ref AXB/JNS/CL0896.000009

Your Ref:


Direct Dial Number: 01415679403


e are required by the Scottish Executive in accordance with paragraph 24(1)(d) of Schedule 3 tot e Harbours Act 1964, to serve upon you a copy of the Order and Plan. Please find enclosed a copy

each of these documents.

urs faithfully

c.


B .CORDED DELIVERYTh Royal Yachting AssociationCa donia House1 dheughs RiggSo h GyleEdi burghEH 2 9DK

16 ly 2002

OUT Ref:

YOUT Ref:

AXB/JNS/CL0896.000009

eport Operations Limitedn Graving Dock - Harbour Revision Order

We efer to our letter of 17 February 2004.

We ct on behalf of Clydeport Operations Limited. Their application for a Harbour Revision Orderun r Section 14 of the Harbours Act 1964 has been granted. The order entered into force on 5 May200

re required by the Scottish Executive in accordance with paragraph 24(1)(d) of Schedule 3 to theours Act 1964, to serve upon you a copy of the Order and Plan. Please find enClosed a copy ofof these documents.

s faithfully

En

lasgow City Councilevelopment and Regeneration Servicesevelopment Controllasgow City Council1 George Street

lasgow11RX

ECORDED DELIVERY

July 2004

ear Sirs

lydeport Operations Limitedovan Graving Dock - Harbour Revision Order

Our Ref: AXB/JNS/CL0896.000009

Your Ref:


Direct Dial Number: 0141 5679403



e are required by the Scottish Executive in accordance with paragraph 24(1)(d) of Schedule 3 toe Harbours Act 1964, to serve upon you a copy of the Order and Plan. Please find enclosed a copyeach of these documents.

ours faithfuJJy

c.


SCOTTISH EXECUTIVE

Enterprise, Transport &... Lifelong Learning DepartmentTransport Division 4

Alan oyd EsqDire or, Public LawMcG gorsPaci House70 llington StreetGLA GOWG26 B

Dear Ian

Victoria QuayEdinburgh EH6 6QQ

Telephone: 0131-244 7878Fax: 0131-244 7444Email:[email protected] .ukhttp://www .scotland.gov. uk

Your ref: AXB/JNS/CL0896.000009Our ref: 2S??/2/14

5 July 2004

EPORT (CLOSURE OF GOVAN BASIN) HARBOUR REVISION ORDER 2004

I enc se 4 copies of the printed version ofthe Govan Basin Harbour Revision Order.

I sho d be grateful if, in compliance with paragraph 24 of Schedule 3 to the Harbours Act 1964, youwoul arrange for the publication as soon as practical in the Edinburgh Gazette and local newspapera not e of the making of the Order. A copy of the Order must also be served on those whom a copyof th draft notice was served as set out in my letter of 29 January (Scottish Natural Heritage,Scott h Environment Protection Agency, Glasgow City Council, the Royal Yachting Associationand t Chamber of Shipping).

I wo d be grateful if you could provide written confirmation that these requirements have been met,name copies of the newspapers in which the advertisements have appeared and certificates ofrecei s for the service of the notices.

Your sincerely

L~~K WILLIS

d Harbours Team

ome\u047855\harbour orders\gbasinfinaI.doc

mailto:Email:[email protected]

Your Ref:

Direct Dial Number: 0141 5679403

E-mail Address: alan.boyd@~mCb1J"igors.col11

Our Ref: AXB/JNS/C'L0896.000009

London • Edinburgh • Gla$gow • Belfastpier, f',,))f~ ~v1.e..,~ r

! j . ( . 0~,-fl- GuJ..,

t..\hl~

FW: van Ba~in HRO

D (Derek)

Boyd, Alan (McGrigors) [[email protected]]

San 18 June 2004 15:43

To: Willis D (Derek)

Sub ct: RE: Govan Basin HRO

***** *************************************************************This e ail has been received from an external party andhas b n swept for the presence of computer viruses ..***** *************************************************************Derek,

Page 1 of3

I have n A2 copy which I will put in the post to you. If the printers cannot reduce this then they will have toomit s e of the surrounding detail.

Regar ,

Alan

---Original Message-----rom: Derek. [email protected] [ma ilto: Derek. [email protected]]ent: 18 June 2004 12:020: Boyd, Alan (McGrigors)ubject: FW: Govan Basin HRO

***************************************************************************his email and any files transmitted with it are intended solely for the use of the

. dividual or entity to whom they are addressed.***************************************************************************

have been advised that the HMSO printers cannot cope with the size of plan which haseen deposited with the Order. Before it can be printed, what they need in order ofreference is as follows:-

an A4 sized planto know whether any part of the plan can be left out, i.e, could we use just the

ection that shows the basin to be closed?

the above options are not possible they could possibly do an A3 sized plan but havedvised that the quality would be diminished.

would be grateful for any assistance you can provide here.

erek

- ---Original Message-----rom: Willis D (Derek)ent: 10 June 2004 10:400: '[email protected]'

mailto:[[email protected]]mailto:[email protected]:[email protected]]mailto:'[email protected]'

Willis D Derek

From:Sent:To:Subject:

Alan

Willis D (Derek)18 June 200412:02'alan [email protected]'FW: Govan Basin HRO

I have be advised that the HMSO printers cannot cope with the size of plan which has been deposited withthe Orde. Before it can be printed, what they need in order of preference is as follows:-

a.

]

4 sized planto lOW whether any part of the plan can be left out, i.e, could we use just the section that shows theb in to be closed?

Ifthe abo] e options are not possible they could possibly do an A3 sized plan but have advised that thequality w uld be diminished.

I would b grateful for any assistance you can provide here.

Derek

-----Origin Message-----From: Wil i D (Derek)Sent: 10 ne 2004 10:40To: 'alan. [email protected]'Subject: van Basin HRO

Alan

I've disc sed the Govan Order with our SI clerk. I've established that the map isn't a barrier to getting theOrder p' ed, rather it's been pressure of work caused by the long term sick leave of the team leader. I'veexplained he urgency and been told that it should be moved on next week to the printers. I've asked themto let me ow in the event that it isn't progressed next week and I'll keep you posted if there is likely to besignifican further delay.

for any inconvenience caused by this lack of action.

Derek

DEREKScottishPorts andTel: 0131

ecutivearbours Team44 7878

1

mailto:[email protected]'mailto:[email protected]'

page1titlesSCOTTISH STATUTORY INSTRUMENTS 2004 No. 207 HARBOURS, DOCKS, PIERS AND FERRIES The Clydeport (Closure of Govan Basin) Harbour Revision ARRANGEMENT OF ARTICLES PRELIMINARY P ART II

page2titlesPART I PART II 2

page3titles3

page4page5titles"tJ--- ~- --~t~ :-~.

imagesimage1image2

page6titlesUNVERIFIED - l

imagesimage1image2

page7titlesWillis D Derek

page8titlesI

imagesimage1

page9titlescGrigors

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page10titlesof Pollution ;; M ; Is] Xli w,a: 4t Fisheries

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