The Peterhead Harbours Revision Order 1998

For protection of proprietors, lessees and tenants of adjacent properties

18.—(1) This article shall apply and have effect for the protection, lessee and tenants of proprietors of heritable property adjacent to Work No.1 authorised by this Order.

(2) In carrying out any drilling or blasting in the execution of Work No.1 authorised by this Order the trustees shall not–

(a) carry out any such drilling or blasting between the hours of 6 o'clock in the afternoon and 8 o'clock in the forenoon of the following day or between the hours of sunset and sunrise or at any time on a Saturday or Sunday;

(b) contravene the code of practice for the control of noise approved by the British Standards Institution and numbered BS 5228 or such other code of practice as may from time to time be approved by the said Institution in lieu thereof;

(c) cause greater vibration at any heritable property adjacent to the said Work No.1 than vibration of a peak particle velocity of 12.5 millimetres per second.

(3) Notwithstanding the powers conferred on the trustees by this Order and without prejudice to any other remedies available, they shall be liable to the said proprietors of heritable property adjacent to Work No.1 authorised by this Order for damage to such heritable property caused by the execution of the said Work No.1.