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The Clyde Dockyard Port of Gareloch and Loch Long Order 2011

Consolidated Text Cited authorities 14 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2011/1680

2011 No. 1680

Harbours, Docks, Piers And Ferries

The Clyde Dockyard Port of Gareloch and Loch Long Order 2011

Made 13th July 2011

Laid before Parliament 20th July 2011

Coming into force 21th July 2011

At the Court at Buckingham Palace, the 13th day of July 2011

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 3, 5, 6 and 7 of the Dockyard Ports Regulation Act 18651.

In so far as this Order makes provision for a purpose mentioned in section 7 of that Act, such provision is made on the joint recommendation of the Secretary of State for Defence and the Secretary of State for Transport2.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Citation and Commencement
S-1 Citation and Commencement

Citation and Commencement

1. This Order may be cited as the Clyde Dockyard Port of Gareloch and Loch Long Order 2011 and comes into force on 21st July 2011.

Revocation
S-2 Revocation

Revocation

2. The Clyde Dockyard Port of Gareloch and Loch Long Order 19673and the Clyde Dockyard Port of Gareloch and Loch Long (Amendment) Order 19834are revoked.

Interpretation
S-3 Interpretation

Interpretation

3. In this Order—

“the Act” means the Dockyard Ports Regulation Act 1865;

“auxiliary” means any government vessel operating in support of naval or military forces;

“Crown Establishment” means any land or property which is for the time being owned or occupied by the Crown;

“the dockyard port” means the Clyde dockyard port of Gareloch and Loch Long as it is described in Article 4;

“parascending” means an activity whereby a parachute is towed by cable in such a manner as to make it airborne;

“power driven” in relation to a vessel means a vessel that is propelled by machinery;

“Queen’s harbour master” means the person for the time being appointed under the Act to be Queen’s harbour master for the dockyard port and any person having authority to act as Queen’s harbour master;

“small boat” means a vessel of an overall length of less than 20 metres;

“underway” in relation to a vessel means that such vessel is not at anchor, made fast to the shore or aground;

“VHF” in relation to radiotelephony equipment or radio channels, means very high frequency.

Description of limits

Description of limits

S-4 For the purposes of the Act and of this Order the limits of...

4. For the purposes of the Act and of this Order the limits of the dockyard port shall be the waters of the Firth of Clyde, as far as the tide flows, in the following areas—

(a) the Gareloch north of latitude 55° 59.263′ North; and

(b) Loch Long and Loch Goil north of latitude 55° 59.993′ North.

S-5 For the purposes of this Order: The Rhu Narrows Restricted...

5. For the purposes of this Order:

(a) The Rhu Narrows Restricted Channel is the area of sea bounded by a line which is marked on the first chart annexed to this Order that joins the points listed in Schedule 1;

(b) The Faslane Restricted Area is the area of sea bounded by a line that is marked on the second chart annexed to this Order that joins the points listed in Schedule 2;

(c) The Coulport Restricted Area is the area of sea bounded by a line that is marked on the third chart annexed to this Order that joins the points listed in Schedule 3; and

(d) The Coulport Fishing Exclusion Zone is the area of sea bounded by a line that is marked on the fourth chart annexed to this Order that joins the points listed in Schedule 4.

Regulations and Rules

Regulations and Rules

S-6 Schedule 5 makes regulations for the purposes expressed in...

6. Schedule 5 makes regulations for the purposes expressed in section 5 of the Act.

S-7 Schedule 6 makes rules for the purposes expressed in section 7...

7. Schedule 6 makes rules for the purposes expressed in section 7 of the Act.

Penalties
S-8 Penalties

Penalties

8. The master of every vessel shall observe and cause to be observed the regulations contained in Schedule 5 so far as they relate to his vessel, and any master or any other person who—

(a) infringes those regulations; or

(b) fails to observe any direction given under those regulations,

shall be guilty of an offence and shall be liable to a fine not exceeding level 3 on the standard scale.

Judith Simpson

Clerk of the Privy Council

SCHEDULE 1

Article 5(a)

Rhu Narrows Restricted Channel – Limits of the Boundary

Map Reference

Latitude

Longitude

1

56°01.452′N.

4°48.087′W.

2

56°00.625′N.

4°47.193′W.

3

56°00.303′N.

4°45.951′W.

4

55°59.815′N.

4°45.179′W.

5

55°59.345′N.

4°45.131′W.

6

55°59.338′N.

4°45.415′W.

7

55°59.750′N.

4°45.460′W.

8

56°00.169′N.

4°46.114′W.

9

56°00.471′N.

4°47.263′W.

10

56°01.388′N.

4°48.270′W.

SCHEDULE 2

Article 5(b)

Faslane Restricted Area – Limits of the Boundary

Map Reference

Latitude

Longitude

1

56°04.508′N.

4°49.727′W.

2

56°04.495′N.

4°50.119′W.

3

56°03.763′N.

4°50.083′W.

4

56°02.649′N.

4°49.585′W.

5

56°02.889′N.

4°48.748′W.

SCHEDULE 3

Article 5(c)

Coulport Restricted Area – Limits of the Boundary

Map Reference

Latitude

Longitude

1

56°04.306′N.

4°52.087′W.

2

56°04.426′N.

4°52.721′W.

3

56°03.808′N.

4°53.299′W.

4

56°02.964′N.

4°53.539′W.

5

56°02.358′N.

4°52.959′W.

6

56°02.560′N.

4°52.242′W.

SCHEDULE 4

Article 5(d)

Coulport Fishing Exclusion Zone – Limits of the Boundary

Map reference

Latitude

Longitude

1

56°07.151′N.

4°49.677′W.

2

56°07.368′N.

4°49.808′W.

3

56°07.200′N.

4°50.475′W.

4

56°05.931′N.

4°51.631′W.

5

56°06.133′N.

4°52.500′W.

6

56°05.879′N.

4°52.700′W.

7

56°05.468′N.

4°52.124′W.

8

56°03.402′N.

4°53.895′W.

9

56°02.955′N.

4°54.472′W.

10

56°02.696′N.

4°54.356′W.

11

56°02.254′N.

4°54.307′W.

12

56°02.141′N.

4°54.063′W.

13

56°02.141′N.

4°52.959′W.

14

56°02.358′N.

4°52.959′W.

15

56°02.560′N.

4°52.242′W.

SCHEDULE 5

Article 6

Regulations

SCH-5.1

1. General

(1) The master of every vessel and every other person within the limits of the dockyard port shall comply with any direction given by the Queen’s harbour master for the purposes of the proper protection of the dockyard port, Her Majesty’s vessels, dockyards or property, or for the requirements of Her Majesty’s naval service.

(2) The master of every vessel and every other person within the limits of the dockyard port to whom any permission has been granted by the Queen’s harbour master in accordance with the provisions of these Regulations, shall comply with any conditions attached to any such permission.

(3) The Queen’s harbour master may attach such conditions to any such permission as he considers necessary.

SCH-5.2

2. Moorings for Her Majesty’s Ships, etc.

Moorings for Her Majesty’s vessels, buoys, lights, marks, and other aids to navigation, and such other buoys as may be required for any purpose in connection with naval, military or air force operations, may be placed by the Queen’s harbour master in such positions as may be considered necessary for the requirements of Her Majesty’s naval service.

SCH-5.3

3. Merchant or Private Moorings

(1) No person shall lay moorings for any merchant or private vessel, hulk, raft, pontoon, bathing stage, house boat, timber or any floating structure in the dockyard port, save with the permission of the Queen’s harbour master.

(2) All such moorings shall be in such positions as the Queen’s harbour master shall deem fit.

(3) Any such moorings anywhere in the dockyard port shall be removed forthwith on the direction of the Queen’s harbour master.

SCH-5.4

4. Clearing Anchors and Moorings

If at any time the anchor of any vessel hooks any Crown moorings, or any under-sea cable, or moorings of buoys, or any pipe, the master of such vessel shall forthwith give notice thereof to the Queen’s harbour master and shall, if it is safe and practicable, await the Queen’s harbour master’s direction before proceeding to clear the same.

Anchoring and Mooring – General

Anchoring and Mooring – General

SCH-5.5

5. No vessel shall anchor on the line of any under-sea cable or pipe laid down in the dockyard port where such a line is indicated by posts or other discernible marks on shore or is shown for the time being on Admiralty charts as an area in which anchorage is prohibited except with the permission of the Queen’s harbour master.

SCH-5.6

6. No vessel, barge, hulk, raft, pontoon or other floating structure shall—

(a) make fast to, or lie at, any of the buoys or beacons placed by the Queen’s harbour master to mark channels or shoals in the dockyard port;

(b) be moored or fastened to any of Her Majesty’s naval moorings, buoys, breakwaters, boom defences, dolphins, jetties, piles or vessels in the dockyard port, save with the permission of the Queen’s harbour master;

(c) be moored or except in an emergency anchored within 100 metres of any of Her Majesty’s naval jetties, floating docks, dolphins, vessels, hulks, installations, floating barriers or armaments depots, or within 150 metres of the centre of any naval moorings, save with the permission of the Queen’s harbour master;

(d) lie or be moored, anchored, grounded, deposited or run on shore in the fairways of the dockyard port, the main navigable channels or the approach channel; or

(e) except in an emergency, drop anchor in water of greater than 10 metres in depth save with the permission of the Queen’s harbour master.

SCH-5.7

7. Vessels at anchor

No vessel of an overall length of 20 metres or more, compelled or allowed to anchor in or near any of the navigable channels of the dockyard port, shall be left at any time without a person having command or charge of it.

SCH-5.8

8. Fishing

(1) No fishing from any vessel or by persons swimming under the water shall be carried on within the limits of the dockyard port within—

(a)

(a) 100 metres of the walls, slipways or boundaries of any Crown Establishment; or

(b)

(b) 150 metres of any of Her Majesty’s vessels,

without the written permission of the Queen’s harbour master.

(2) Otherwise than in accordance with a written permission granted by the Queen’s harbour master, no trawling or fishing by nets,...

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