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The Loch Ryan Port (Harbour Empowerment) Order 2009

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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Loch Ryan Port (Harbour Empowerment) Order 2009 No. 31

General byelaws

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19.—(1) The Company may from time to time make byelaws for the efficient management and regulation of the port.

(2) Without prejudice to the generality of paragraph (1), byelaws made under this article may provide for—

(a)regulating the use, operation and superintendence of the port and the berths, quays, piers, warehouses, sheds, landing places, equipment, works and conveniences (including moorings) in the port;

(b)regulating the admission to, and the movement within, and the departure of vessels from, the port, or the removal of vessels,

(c)regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the port;

(d)regulating the berthing and mooring of ships within the port;

(e)preventing damage or injury to any goods, vehicle, plant, machinery, property or person within the port;

(f)regulating the conduct of all persons within the port not being members of a police force or officers or servants of the Crown whilst in the execution of their duties;

(g)regulating the placing and maintenance of moorings within the port;

(h)preventing and removing obstructions or impediments within the port;

(i)regulating the use of ferries within the port;

(j)regulating in the port the use of yachts, sailing boats, sailboards, rowing boats, rowing punts, pleasure craft and other small craft;

(k)regulating or prohibiting the activities in the port of divers, surfers, water skiers and other persons engaged in similar recreational pursuits but not so as to prohibit the use for navigation of the vessels referred to in sub-paragraph (j);

(l)regulating the launching of vessels within the port;

(m)prohibiting persons in or entering the port, or any part of the port, from smoking in open spaces in the port;

(n)regulating the movement and parking of vehicles within the port;

(o)regulating the exercise of the powers vested in the harbour master;

(p)making the carrying out of specified port operations, or the conduct of persons in the port, subject to the approval (with or without conditions), control or direction of the harbour master, and for authorising the harbour master to take such action as may be reasonably required in default of compliance with any such condition, control or direction;

(q)the conservation of the fauna and flora in the port.

(3) Byelaws made under this article may—

(a)provide for imposing upon persons found guilty on summary conviction of offending against them, or against any condition, requirement or direction imposed, made or given under them, fines not exceeding level 3 on the standard scale;

(b)relate to the whole of the port or to any part of the port;

(c)make different provisions for different parts of the port or in relation to different classes of vessels or vehicles.

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