TRUSTEES
BYELAWS
for
The protection and regulation of vessels within the limits of jurisdiction of the Ullapool Pier Trustees, the regulation of the use of the harbour at Ullapool by persons and vehicles and for other purposes.
The Ullapool Pier Trustees in virtue of powers contained in Section 83 of the Harbours, Docks and Pier Clauses act 1847, as applied by Section 10 and read with Section 11 of the Harbours, Piers and Ferries (Scotland) Act 1937, and of all other powers authorising or empowering them in that behalf do hereby enact the following Byelaws:-
INTERPRETATION
(1)(i)In these Byelaws unless the context otherwise requires the following words and phrases shall have the meanings hereby assigned to them:-
“the Trustees” means the Ullapool Pier Trustees constituted by the Ullapool Pier Order 1911.
“Harbourmaster” means the Harbourmaster appointed for the time being by the Trustees and includes his assistants and any other person authorised in writing by the Trustees to assist him or to perform the duties of Harbourmaster.
“pier” means “the existing pier” as defined by Section 3(1) of the Ullapool Pier Order 1965 together with the additional works referred to in Section 10 of said Order, and “the specified works” referred to in Section 2(1) of the Schedule to the Ullapool Pier Order Confirmation Act 1973.
“harbour” means the limits within which the Trustees have authority as defined in Section 21 of the said Ullapool Pier Order 1965, as extended by the Ullapool Pier Order Confirmation Act 1973.
“Master” when used in relation to any vessel means the Master or other person for the time being having or taking charge of the vessel.
“vessel” includes every description of water-craft, including non-displacement craft and seaplanes, used or being capable of being used as a means of transportation on the water.
“fish saleroom” means the building or erection constructed in the harbour by the Trustees for the sale of fish, and for use as offices let to tenants approved by the Trustees.
“vehicle” means any form of wheeled or track-laying vehicle or conveyance, whether designed for the conveyance or movement of persons, animals, goods, materials or otherwise.
“fish” includes all species of pelagic, demersal, shell-fish and fresh water fish.
(ii) In these Byelaws words importing masculine gender shall include female and words importing the singular shall include the plural.
(2) The Harbourmaster may give directions:-
(a) for regulating the use of the harbour including the movement of vessels therein and the time, manner and condition in which vessels shall enter or leave the harbour,the speed of vessels within the harbour, and the laying down of moorings and the anchoring, mooring, unmooring, and placing and removing of vessels in the harbour;
(b) for removing obstructions or impediments within the harbour and for removing,placing and disposing of vessels laid-by or neglected within the harbour as unserviceable and may take any necessary action in default of compliance with any such direction to ensure such compliance, and
(c) for regulating within the harbour the position in which any vessel shall take in and discharge its cargo, embark and disembark its passengers and load, remove and dispose of ballast.
(3) The Master of a vessel which is in danger of foundering or sinking or is leaking, or which during the voyage in question has been in collision, has been stranded or has been on fire, or has suffered damage to her hull, machinery or equipment which might make the vessel a danger or nuisance to other users of the harbour shall, where practicable, inform the Harbourmaster of the circumstances before entering the harbour, or as soon thereafter as possible.
(4) If it appears to the Harbourmaster that any vessel is at any time in the condition mentioned in Byelaw number (3) he may give directions that the vessel shall leave the harbour as soon as practicable, without imperilling the vessel, or may give permission to remain in the harbour subject to such conditions as he may think fit.
(5) The Master and crew of a vessel in the harbour shall moor, anchor, place, load, unload and move and shall cease to moor, anchor, place, load, unload or move such vessel in accordance with the directions from time to time given by the Harbourmaster.
(6) A person shall not move or attempt to move or cause a vessel to be moved from any berth or place contrary to the directions of the Harbourmaster.
(7) A person shall not moor or anchor a vessel within the harbour so as to impede traffic to and from the pier and shall not lay out an anchor without having a proper buoy attached thereto to mark its position.
(8) A person shall not lay down or keep a mooring in the harbour without first obtaining the permission in writing of the Harbourmaster and such permission may be granted subject to conditions. A mooring shall forthwith be removed if the Harbourmaster so directs. If the owner of a mooring within the harbour shall not comply with any direction of the Harbourmaster given pursuant to these Byelaws to remove the mooring the Harbourmaster may on giving where reasonably practicable seven days’ notice take such reasonable steps as he may think fit for the purpose of removing the mooring.
(9) If the Master of any vessel within the harbour shall not comply with any direction of the Harbourmaster given pursuant to these Byelaws or if there shall be no competent person on board the vessel to comply with any such direction the Harbourmaster may take such reasonable steps as he may think fit for the purpose of securing such compliance including mooring, unmooring, anchoring, weighing anchor, placing and moving the vessel: provided that before the Harbourmaster shall take any steps to moor, unmoor, or anchor a vessel or to weigh anchor or to place or move the vessel, he shall ensure that there is a sufficient number of competent persons on board to attend the vessel during such operation.
(10) A person shall not place any obstruction or impediment within the harbour, nor any goods, materials, or commodities of any kind on the pier in such a way as to obstruct, prevent or impede free passage or working thereon and such obstruction, goods, materials or commodities shall be immediately removed on orders to that effect given by the Harbourmaster.
(11) A person shall not lay-by a vessel as unserviceable or permit a vessel to lie neglected as unfit for navigation, set a vessel on fire, destroy a vessel, or break up a vessel within the harbour without the permission in writing of the Harbourmaster. The Trustees may take steps to remove, place or dispose of such a vessel.
(12) A person shall not navigate or manoeuvre a vessel within the harbour in such a manner or at such a speed as will or may (a) cause damage to the pier or other property within the harbour, (b) cause damage, inconvenience, or interruption to other craft working therein, (c) cause damage, danger or inconvenience to other users therein. A person shall not navigate a vessel at a speed exceeding three knots while within fifty metres of any part of the pier.
(13) The Master of a vessel shall forthwith report to the Harbourmaster any collision in which the vessel is involved occurring within the harbour.
(14) A person shall not navigate any vessel within the harbour whilst unfit to do so through having taken drink or drugs. For the purpose of this byelaw a person shall be taken to be unfit to navigate if his ability to navigate is for the time being impaired.
(15) The Master of a vessel which has slipped, parted from or lost any anchor, chain or cable in the harbour shall forthwith give to the Harbourmaster notice thereof and of the position of such anchor, chain or cable and if the Harbourmaster so directs shall cause such anchor, chain or cable to be recovered as soon as practicable.
(16) If at any time the anchor of a vessel fouls any moorings or electric or other cables within the harbour the Master of the vessel shall forthwith give notice thereof to the Harbourmaster and shall, if it is safe and practicable, await his instructions before proceeding to clear the same.
(17) A person shall not without the permission of the Harbourmaster attempt to recover from the harbour with drags, hooks, nets or other apparatus any property dropped or thrown into the harbour.
(18) No unauthorised person shall cut, break or destroy any rope, cable or other thing by which any vessel is moored or secured within the harbour.
(19) A person shall not throw, discharge or put any ballast, fish, fish-offal, coal tar, ashes, refuse, rubbish or other materials of any kind into the sea within the harbour from the pier, from any part of the shores, or from any vessel and a person shall not dump or otherwise discharge into the sea within the harbour noxious liquids, oils or matter from vessels or from the pier.
(20) Without prejudice to the generality of these byelaws no person shall do any act or thing injuriously affecting the safety of navigation within the harbour.
(21) Every fish salesman operating in the harbour shall furnish to the Harbourmaster daily a list of those fishing vessels out of which fish have been sold by him on that day and shall when so required produce to the Harbourmaster his sales book, and counterfoils of his docquet book.
(22) A person shall not use any loading or discharging berth in the harbour other than for the purpose of loading or discharging a vessel unless with permission of the Harbourmaster.
(23) A person mooring a vessel at the pier shall attach and fix the vessel by substantial hawsers to the mooring posts or bollards.
(24) A person shall not make fast any ropes, chains, nets, clothing or material of any kind, to any of the ladders, chain posts, wharf fenders, piles, lamp posts or sheds.
(25) The Master of a vessel shall provide proper fenders for such a vessel and when berthing at or leaving or lying at a quay or alongside another vessel, shall use such fenders so as to prevent damage to the quay or other vessel, and to the satisfaction of the Harbourmaster.
(26) A person who berthed a vessel at the pier shall ensure that the vessel’s gear is properly stowed during the night and any sails, rigging, anchors, gear or fittings of any vessel in the harbour which may occasion, or appear likely to occasion, damage or obstruction shall be immediately removed or secured on orders to that effect by the Harbourmaster.
(27) The Master of any vessel shall allow free passage across or over the decks of any such vessel for discharging or loading the cargo of any other vessel or vessels lying further off from the pier and for conveying to or from such other vessel all articles or things or for ballasting, fueling, storing, or for repairing the same and for any of the said purposes, shall give on such vessel of which he is Master, every facility for the placing by the Masters of such other vessels of gangways or planks, and also, if required by the Harbourmaster, for rigging any tackling.
(28) Except with the permission of the Harbourmaster, a person shall not hand up or beach a vessel on any part of the shore within the harbour and a person shall not berth a vessel under judicial arrestment within the harbour at a quay berth, but shall ensure that such vessel remain at or be removed to an outside place or berth within the harbour as the Harbourmaster shall direct.
(29) The Master of a vessel leaving the pier shall not put any other vessel in danger by leaving any vessel alongside the pier insufficiently moored.
(30) A person shall not lay on the pier fish-offal, garbage or other offensive matter or thing unless placed in tubs, casks or other containers and the person so using such tubs or casks or other containers shall forthwith remove them.
(31) A person shall not except with the written permission of the Trustees salt, gut, pack for cure or allow to be salted, gutted, packed or cured, fish of any kind upon the pier, nor place or allow to be placed thereon empty packages, except for the purpose of being instantly filled or taken away, nor place or allow to be placed thereon any fish, except for the purpose of being instantly removed.
(32) A person shall not obstruct the ingress to or egress from the pier of passengers or other persons having legitimate business to transact thereon.
(33) A person shall not damage or injure or deface any property or goods belonging to the Trustees.
(34) A person shall moor or set within the harbour any creel, trap, or box without permission of the Harbourmaster and then only at such place as he may direct.
(35) A person shall not sell or expose for sale any fish on the pier except in the fish saleroom or such other place as may be authorised by the Trustees for those purposes.
(36) A person shall not leave in the fish saleroom or at the entrance thereto any fish or any box, barrel, basket, package or other article unless with the permission of the Harbourmaster and then only at such place as may be approved by him.
(37) A person shall not commit any nuisance within the fish saleroom or at the entrance thereto.
(38) A person shall not loiter in the fish saleroom without having legitimate business to transact therein.
(39) A person shall not affix any bill, notice or paper, to, upon or against the fish saleroom except with the permission of the Harbourmaster.
(40) Save as provided in Byelaw (41) hereof a person shall not, except upon the direction or with the permission of the Harbourmaster or a Police Constable in uniform, cause or permit any vehicle to enter or to be left or to wait on the pier, and the Harbourmaster shall be entitled to remove or cause to be removed any vehicle so entering, so left or so waiting at the expense of the owner thereof. The Trustees shall be entitled to take proceedings to recover such expense.
(41) Subject always to the directions of the Harbourmaster nothing in Byelaw (40) hereof shall prevent a person from causing or permitting any vehicle to enter or to be left or to wait on the pier for so long as may be necessary:- (a) to enable goods to be loaded on to or unloaded from the vehicle, or (b) to enable the vehicle to be used for the servicing or repair of any vessel or its equipment.
(42) A person shall not frequent, loiter or enter on the pier without permission from the Harbourmaster unless he has legitimate business to transact there and the Harbourmaster shall have full power summarily to remove any such person therefrom.
(43) A person shall not dispose of refuse, litter or other materials on the pier other than in the receptacles provided.
(44) A person using the pier area shall promptly obey any lawful directions given by the Harbourmaster.
(45) A person shall not in the harbour obstruct, impede, molest or threaten the Harbourmaster or any other officer, workman, agent or person whomsoever employed by the Trustees in the performance of his duty or in the execution of any of the work, matters or things to be done by him.
(46) The foregoing Byelaws shall not prejudice or limit the right of the Ullapool Pier Trustees to enforce the provisions contained in the Ullapool Pier Order 1911 and the Ullapool Pier Order 1965 and the Acts incorporated therewith and the Ullapool Pier Order Confirmation Act 1973 in regard to any of the matter or things therein referred to.
(47) Any person doing anything prohibited by or by virtue of any of these Byelaws or omitting to do anything required by or by virtue of them to be done, or otherwise offending against or committing a breach of any of these Byelaws shall be liable for every such offence on summary conviction to a fine not exceeding £50 and in the case of a continuing offence to a further fine not exceeding £20 for each day during which the offence continues after conviction therefor.
(48) These Byelaws shall come into operation two calendar months after the date of their confirmation by the Secretary of State and on the date they come into operation the Ullapool Pier Trustees Byelaws for regulating the use of the pier area at Ullapool by persons and vehicles, dated 7th August, 1968, shall cease to have effect.
Dated at Ullapool the 16th day of March, 1978
For Ullapool Pier Trustees
KENNETH MACLEOD, Chairman.
ROBERT LANG,Vice-chairman.
R.G. OSBORNE, Trustee.
Confirmed by the Secretary of State by virtue of Section 11(3) of the Harbours, Piers and Ferries (Scotland) Act 1937.
H.G. Robertson,
Assistant Secretary,
Department of Agriculture and Fisheries for Scotland
Edinburgh
18th July, 1978.