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Appendix 2 Purpose and Effects

Argyll and Bute Council · 22 December 2022
Back to Argyll and Bute Harbour Board — 22 December 2022 and its agenda

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Appendix 2
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PURPOSE AND EFFECT NOTES – OBAN HARBOUR REVISION ORDER 2022
PART I – PRELIMINARY
1 Article 1 – Citation and commencement
Article 1 provides that the Order may be cited as the Oban Harbour Revision Order 2022 and comes
into force on the day after the day on which it was made.
2 Article 2 – Interpretation
Article 2 provides interpretation of defined terms within the Order.
3 Article 3 – Incorporation of the Harbours, Docks and Piers Clauses Act 1847
Article 3 incorporates selected clauses of the Harbours, Docks and Piers Clauses Act 1847 ("the 1847
Act").
PART II – POWERS
4 Article 4 – Harbour jurisdiction
4.1 Article 4(1) provides for the Council to exercise jurisdiction as harbour authority within the harbour's
bounds as described within Schedule 1 of the Order.
4.2 Article 4(2) provides that the description of the boundaries of the harbour as contained within Schedule
1 shall prevail over those shown on the first harbour maps in the event of any discrepancy.
4.3 Article 4(3) provides that the Council shall not exercise jurisdiction as a harbour authority within the
area described within Schedule 2 of the Order.
5 Article 5 – General powers and duties in respect of the harbour
5.1 Article 5(2) provides for the Council to exercise certain general powers within the harbour, and to
provide harbour facilities.
5.2 Article 5(2) provides that the Council may carry out works (including the construction, alteration,
demolition and reconstruction of structures) within the harbour bounds, subject to possession of all
required consents and heritable rights.
5.3 Article 5(3) provides that the provisions of Article 5 are without prejudice to any other statutory powers
of the Council.

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6 Article 6 – Powers with respect to land, buildings, harbour facilities etc.
6.1 Article 6(1) provides that the Council may dispose of property belonging to it which is no longer
required for the purposes of the harbour, for such price and upon such terms and conditions as it sees
fit.
6.2 Article 6(2) provides that the Council may utilise land either belonging to it or leased by it for the
purposes of the harbour undertaking.
7 Article 7 – Power to dredge
7.1 Article 7(1) provides that the Council may dredge the bed, foreshore, and seaward approaches of the
harbour, and undertake related activities.
7.2 Article 7(2) provides for the disposal of material by the Council dredged or removed from the harbour.
7.3 Article 7(3) places limitation on the disposal and placement of dredged materials.
8 Article 8 – Restriction of works and dredging
8.1 Article 8(1) provides that no person other than the Council shall construct, place, alter, renew or
maintain any works or dredge in the harbour unless contracted or licensed by the Council to do so.
8.2 Article 8(2) provides that any person who contravenes Article 8(1) shall be guilty of an offence.
8.3 Article 8(3) provides that the Council may require a person who contravenes Article 8(1) to remove,
abate or rectify the work and restore the site to its former condition. Failure to do so will allow the
Council to carry out the rectification themselves and recover the expenses of doing so.
8.4 Article 8(4) provides that Article 8(1) shall not apply to dredging carried out by CMAL or its contractors
or agents. CMAL shall consult with the Council before carrying out any dredging.
9 Article 9 – Parking places
Article 9 provides that the Council may provide facilities within the harbour premises, and may make
reasonable charges for the use of such facilities.
10 Article 10 – Declaration of draught, etc. of vessel
10.1 Article 10(1) provides that the master of a vessel who fails to provide such information as required, or
provides incorrect information, without reasonable excuse, is guilty of an offence.
10.2 Article 10(2) provides for interpretation of the term "draught".

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11 Article 11 – Provisions as to damage 
11.1 Article 11(1) provides that Article 11 applies to damage caused to any work or property of the Council
in the harbour by persons contravening a provision of the Order or any other harbour enactment, or
by a vessel.
11.2 Article 11(2) provides that the Council may detain a vessel causing damage or any property belonging
to a person who causes damage, or that person's employers, until the cost of the damage has been
paid, or security provided to by the Authority.
11.3 Article 11(3) provides that the owner of any vessel and the master (where the damage was caused
through his fault) shall bear liability for the cost of the damage.
11.4 Article 11(4) states that Article 11 does not affect certain rights of owners or masters of vessels, the
Council, or criminal liability under the Order or other harbour enactment is guilty of an offence.
12 Article 12 – Obstruction of harbour master, etc.
Article 12 provides that any person who intentionally obstructing the harbour master or other person
carrying out duties under the Order or other harbour enactment is guilty of an offence.
13 Article 13 – Boarding of vessels
Article 13 provides for the harbour master to enter and inspect vessels within the harbour for certain
purposes, with prior written notice having been given at least 24 hours in advance.
14 Article 14 – Vessels adrift
Article 14 provides that the owner or master of a vessel adrift in the harbour is guilty of an offence. It
also provides that it shall be a defence for the owner or master to prove that the vessel did not become
adrift as a result of any fault of that person.
15 Article 15 – Power to appropriate parts of the harbour, etc.
15.1 Article 15(1) provides that the Council may appropriate any part of the harbour or property within the
harbour that is owned or managed by the Council for certain purposes, subject to payment of
reasonable charges and terms, conditions and regulations as the Council sees it.
15.2 Article 15(2) provides that no person or vessel may make use of the harbour or property which has
been so appropriated without the consent of the harbour master, other than in accordance with the
appropriation, and provides that the harbour master may order such person or vessel to leave or be
removed. Section 58 of the 1847 Act applies in respect of such vessels.
15.3 Article 15(3) provides that the Council must have regard to the public right of navigation in the harbour,
any public rights of way affecting the harbour, and access to relevant ferry services where exercising

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its powers under Article 15(1). Any restriction of such rights should be no more than is necessary for
the purpose of the appropriation.
16 Article 16 – Power to enter into arrangements to provide supplies
Article 16 provides that the Council may enter into arrangements for the provision of supplies to vessels
using the harbour, and to lay down such apparatus as may be required for that purpose.
17 Article 17 – Moorings
Article 17 provides for the Council to place such moorings or buoys as it considers necessary or
desirable within the harbour. It provides that the Council may recover reasonable charges in respect
of the use by a vessel of any such moorings. Provision is also made for the granting of licences for the
placing, maintenance etc. of moorings subject to reasonable fees and to a time period of one year or
such period as the Council considers may in the circumstances be desirable, and that any person
doing so without a licence is guilty of an offence.
18 Article 18 – General directions
Article 18 provides that the Council, after consultation with the Royal Yachting Association, the UK
Chamber of Shipping, CMAL, the Commissioners of Northern Lighthouses, the Maritime and
Coastguard Agency, and other harbour users, gives directions for certain purposes and as applying to
all or certain classes of vessels, for all or part of the harbour and at all or at specified times. Provision
is also made for the revocation of any such directions after consultation with the aforementioned
organisations and harbour users.
19 Article 19 – Publication of general directions
Article 19 provides for the publication of notice of general directions, and the amendment or revocation
of the same, in a newspaper circulating in the locality of the harbour and on a website maintained by
the Council.
20 Article 20 – Special directions to vessels
Article 20 provides that the harbour master may give special directions in respect of specific vessels
for certain purposes.
21 Article 21 – Failure to comply with special directions
Article 21 provides that a master of a vessel who fails to comply with a special direction without
reasonable excuse is guilty of an offence.

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22 Article 22 – Enforcement of special directions
Article 22 makes provision as to enforcement of special directions by the harbour master, and for
recovery of reasonable expenses by the Authority in respect of said enforcement.
23 Article 23 – Master's responsibility in relation to directions
Article 23 provides that the giving of general or special directions does not diminish or affect the
responsibility of the master of the vessel in respect of the vessel, person on board, its cargo or any
other person or property. 
24 Article 24 – Removal of obstructions other than vessels, vehicles or wreck
Article 24 makes provision as to the removal of items causing or likely to become an obstruction to the
proper use of any part of the harbour, where those items are not a vessel or vehicle, or a wreck.
Provision is made as to the return of any such items to their owners as may be marked as such or
known to the Council. Provision is made for any such items where ownership is not proven or known
to become property of the Council. Provision is made for the disposal of items of a specified nature by
the Council, and the recovery of the expense of removing the item from the owner of the item.
25 Article 25 – Power to remove goods
Article 25 makes provision for the Council to require the owner of goods left within the harbour
premises to remove them, and where the goods are not so removed by the owner, to remove them.
The expenses and risk of any such removal shall be borne by the owner of the goods. Provision is
made for such goods to be subject to a lien for the cost of removal and any charges payable to the
Council under Part III of the Order.
26 Article 26 – Power to make byelaws, etc.
Article 26 provides that the Council may make byelaws for the efficient management and regulation of
the harbour, and for specified purposes. Provision is made for byelaws to impose penalties upon
persons found guilty of offending against the provisions of those byelaws. Existing byelaws are to
remain in place.
27 Article 27 – Confirmation of byelaws
27.1 Article 27(1) provides that byelaws must be confirmed by the Scottish Ministers before they may come
into operation.
27.2 Article 27(2) – (5) makes provision for the notification of byelaws within the Edinburgh Gazette and a
local newspaper, and for the notification of objections or representations to the Scottish Ministers.

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27.3 Article 27(6) – (9) provides for the confirmation of the byelaws by the Scottish Ministers, subject to any
modification as they see fit, or their refusal. Where the Scottish Ministers propose any modification,
they must notify the Council and require the Council to notify any persons concerned with the
modification. In doing so, the Scottish Ministers must allow time for any comments to be made in
respect of the modification and shall have regard to any such comments. Once confirmed, any byelaws
shall be made available by the Council for inspection without payment.
PART III – CHARGES
28 Article 28 – Charges other than ship, passenger and goods dues
Article 28 provides that the Council may make reasonable charges in respect of objects such as
dracone, floating docks, cranes, rigs, drilling rigs, or floating plants, which are not ships, entering, using
or leaving the harbour. The Council may make such reasonable charges for services and facilities
provided by it in relation to the harbour, where such charges are not ships, passenger or goods dues
as defined by section 57 of the Harbours Act 1964.
29 Article 29 – Liability for charges
Article 29 provides that charges payable to the Council are payable by the owner or master of the
vessel, in respect of a vessel or the owner, consignee or shipper of goods, in respect of goods. Where
a charge payable to the Council may be recovered from more than one person, such persons shall be
jointly and severally liable. 
30 Article 30 – Power to grant exemptions, rebates., in respect of charges
Article 30 permits the Council to grant exemptions (where total or partial) to allow rebates or make
compositions in respect of any person with respect to charges. Such arrangements do not require to
be required to be entered onto the list of ship, passenger and goods dues kept at the harbour office.
31 Article 31 – Account of goods
Article 31 requires the master of a vessel with goods to be unshipped or shipped within the harbour to
provide an account of such goods or bill of lading or manifest. In respect of goods which are to be
unshipped within the harbour the master must additionally provide the name of the consignee of the
goods, along with the time such goods are to be unshipped. Provision is made for the resolution of
disputes as to the weight or quantities of such goods in respect of which charges may be payable. A
person who fails to comply with any part of the provisions of Article 31 is guilty of an offence.
32 Article 32 – Security for charges
Article 31 provides that the Council may require the deposit or guarantee of a sum of money as security
in respect of charges which are incurred or are about to be incurred by a person. Where such deposit

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or guarantee is not made, the Council may detain the vessel or goods in the harbour or harbour
premises until the deposit or guarantee is made or until the charge is paid.
33 Article 33 – Liens for charges
Article 33 makes provision for a right of lien in respect of certain persons.
34 Article 34 – Refusal to pay charges for landing place, etc.
Article 34 provides that the Council may prevent a vessel from using facilities provided by the Council
where the master of the vessel refuses to pay charges.
35 Article 35 – Exemptions from charges
Article 35 provides for exemptions from charges levied by the Authority in respect of certain categories
of vessels, passengers or goods, or officers of the Department of Transport or Scottish Ministers in
execution of their duty.
36 Article 36 – Conditions as to payment of charges
Article 36 provides that the Council may specify terms and conditions in respect of the payment of
charges, including the time when the charge falls due for payment and the provision of information to
the Council.
PART IV – MISCELLANEOUS
37 Article 37 – Reserve funds
Article 37 provides that the Council may carry a reasonable amount forward to the reserve fund if the
revenue generated by the harbour exceeds the expense of it in any financial year.
38 Article 38 – Saving for Commissioners of Northern Lighthouses
Article 38 provides a saving in respect of the provisions of the Order for the rights, duties and privileges
of the Commissioner of Northern Lighthouses, and provides that the Council must consult with the
Commissioners when the Council seeks to exercise its powers under articles 5, 7, 18 or 26 in a manner
that is likely to materially affect the Commissioners' regular operations.
39 Article 39 – Saving for CMAL and ferry operator
Article 39 provides a saving in respect of the provisions of the order for the rights, duties and privileges
of CMAL, and provides that the Council must consult with the Commissioners when the Council seeks
to exercise its powers under articles 5, 7, 18 or 26 in a manner that is likely to materially affect the
Commissioners' regular operations.

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40 Article 40 – Crown rights
Article 40 provides a saving in respect of the provisions of the Order for the estate, right, power,
privilege, authority or exemption of the Crown. It provides that any land or rights of whatsoever
description belonging to His Majesty in right of the Crown or held by a government department or held
in trust for His Majesty for the purposes of a government department shall not be interfered with by
the Authority without consent in writing from Crown Estate Scotland, relevant government department
or relevant person.
41 Article 41 Repeal
Article 45 specifies the enactments that the enactments mentioned in Schedule 5 to the Order are
repealed to the extent specified in that same schedule.
SCHEDULE 1 – HARBOUR LIMITS
Schedule 1 specifies the limits of the harbour.
SCHEDULE 2 – RAILWAY PIER LIMITS
Schedule 2 specifies the limits of the railway pier, which is not subject to the Council's jurisdiction as harbour
authority under this Order.
SCHEDULE 3 – FIRST HARBOUR MAP
Schedule 3 contains a map showing the boundaries of the harbour.
SCHEDULE 4 – SECOND HARBOUR MAP
Schedule 4 contains a map showing the boundaries of the railway pier.
SCHEDULE 5 – REPEALS AND REVOCATIONS
Schedule 5 specifies the enactments subject to repeal and the extent of such repeal.