The Renfrewshire Council (Cart Navigation) Harbour Revision Order 2007

Scottish Statutory Instruments

2007 No. 347

HARBOURS, DOCKS, PIERS AND FERRIES

The Renfrewshire Council (Cart Navigation) Harbour Revision Order 2007

Made

28th June 2007

Coming into force

29th June 2007

The Renfrewshire Council has applied for a harbour revision order under section 14 of the Harbours Act 1964(1);

The Scottish Ministers(2) are satisfied as mentioned in section 14(2)(b) of that Act;

The Scottish Ministers in exercise of the powers conferred by that section make the following Order.

Citation and commencement

1.  This Order may be cited as The Renfrewshire Council (Cart Navigation) Harbour Revision Order 2007 and shall come into force on 29th June 2007.

Interpretation

2.  In this Order–

“the council” means The Renfrewshire Council;

“the deposited plan” means the plan in two parts prepared in duplicate and signed on behalf of the Scottish Ministers and marked “Plan referred to in Article 2 of The Renfrewshire Council (Cart Navigation) Harbour Revision Order 2007” of which one is deposited with the Scottish Ministers at the Scottish Executive, Victoria Quay, Edinburgh EH6 6QQ, and the other at the principal office of the council at Headquarters Buildings, Cotton Street, Paisley PA1 IST.

Rights of navigation to be interfered with

3.—(1) After the date on which this Order comes into force the council and any person authorised by the council may interfere with the enjoyment of any right of navigation to the extent only that such interference is necessary for the purposes of constructing, using and maintaining a bridge over the navigable waters of the White Cart River.

(2) The bridge referred to in paragraph (1) above shall consist of a single span steel symmetric bowstring arched bridge with a reinforced concrete/steel deck supported on a piled foundation system and shall link the west and east banks of the White Cart River at the points shown on the deposited plan or thereabouts and provide headway of 3.80 metres minimum above mean high water ordinary spring tide at the lowest point of the bridge.

(3) After the date on which construction of the bridge referred to in paragraph (1) above is completed any right of navigation on the affected area shall be enjoyed only by persons and vessels capable of passing safely beneath, and without interference with, that bridge.

Repeals

4.  On the date of coming into force of this Order the enactments mentioned in the first and second columns of the Schedule to this Order shall be repealed to the extent specified in the third column of that Schedule.

ALASTAIR WILSON

A member of the staff of the Scottish Executive

Victoria Quay,

Edinburgh

28th June 2007

Article 4

SCHEDULE REPEALS

Chapter	Short Title	Extent of Repeal
(1)	(2)	(3)
1920 – 10&11 Geo 5 (Ch. Clxi)	Paisley Corporation (Inchinnan Opening Bridge) Order Confirmation Act 1920	In section 11 the words “and so as to give and secure precedence and priority to vessels and boats requiring to pass through the opening span of the said bridge over the road traffic requiring to use the said bridge”. Section 28(1). The Second Schedule.

Explanatory Note

(This note is not part of the Order)

This Order allows for the interference with public rights of navigation on part of the White Cart River within the local government area of Renfrewshire for the purpose of constructing, using and maintaining a bridge to be constructed over that part of the river.

This Order revokes certain statutory provisions.

(1)

1964 c. 40: section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4(1) and 14, section 40, and by the Transport and Works Act 1992 (c. 42), Schedule 3. paragraph 1.

(2)

The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).