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Part IIIS Maintenance of Marine Works

Modifications etc. (not altering text)

C1Power to extend Part III conferred by Local Government (Scotland) Act 1973 (c. 65), s. 154(4)

9 Powers of authority in relation to marine work.S

The following provisions shall have effect as regards any marine work to which this Part of this Act applies:—

(a)The [F1Secretary of State for Scotland] may, on the application of the local authority or harbour authority in whom the marine work is vested and after consultation with the [F2Secretary of State for Transport], fix the limits within which the powers of the authority and their officers may be exercised and the limits within which any dues for the time being leviable may be exacted;

(b)The authority may dredge, scour, deepen and maintain the said work and the entrances and channels thereof:

Provided that no rock, stone, shingle, sand, mud or other material shall be laid down or deposited in any place below high-water mark otherwise than in such position and under such restrictions as may be fixed by the Board of Trade;

(c)The authority may provide, construct or take on lease, and maintain, such warehouses, offices, sheds, weighing-machines, cranes, and other buildings and conveniences as may be found necessary in connection with the marine work for the accommodation of vessels thereat, and of traffic landed at or embarked at the same, and may make such reasonable charges as they may think fit for the use of any such warehouses, offices, sheds, weighing-machines, cranes, buildings or conveniences;

(d)Any person authorised by the [F1Secretary of State for Scotland], and any officer of Customs and Excise, or of the Coastguard, or of the Board of Trade, or of the [F2Secretary of State for Transport] . . . F3 being in the execution of his duty, and any person going to or returning from any lifeboat, or using any lifeboat or apparatus for saving life, and any person brought ashore from any vessel in distress, shall at all times have free ingress to and passage and egress on, along, through, and out of the marine work by land, and with their vessels and otherwise, without payment;

(e)Fishing vessels belonging to countries with which for the time being treaties exist exempting from dues and port charges such vessels when forced by stress of weather to seek shelter in the ports or on the coasts of the United Kingdom shall, when forced by stress of weather to make use of the marine work, and not breaking bulk while making such use, be exempt from any dues leviable in respect of the use of the marine work.

Textual Amendments

F1Words substituted by virtue of S.I. 1970/1537, art. 6 Sch. 2 para. 2

F2Words substituted by virtue of S.I. 1970/1681, art. 2(1), Sch. 1(a); 1976/1775, art. 2(1), Sch. 1; 1979/571, arts. 2(1), 3(5) and 1981/238, arts. 2(1)(a), 3(4)