Introductory text

Scotland

Harbours, Docks, Piers And Ferries

Made 29th November 2018

Coming into force 30th November 2018

The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 1964^f1 and all other powers enabling Ministers to do so.

In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in schedule 2 of that Act^f2.

In accordance with section 14(2) of that Act—

(a)

(b)

In accordance with paragraph 4 of schedule 3 to that Act^f3, Ministers have decided that the application relates to a project which falls within Annex II to Directive 2011/92/EU^f4 of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment.

In accordance with paragraph 5 of that schedule^f5, Ministers have informed the Company in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.

Notice has been published by the Company in accordance with the requirements of paragraph 10 of that schedule^f6. No objections to the application have been made.C1

In accordance with paragraph 19(6) of that schedule^f7, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.

Annotations

Modifications

C1: Order applied (with modifications) (temp.) (13.10.2021) by The Clydeport (COP 26 etc.) Harbour Revision Order 2021 (S.S.I. 2021/358), arts. 16, 17 (with art. 18)

Footnotes

f1: 1964 c.40. Section 14 was relevantly amended by the Transport Act 1981 (c.56), Schedule 6, paragraphs 2, 3, 4(1) and 14 and Schedule 12 and the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1. See section 14(7) and 57(1) of the Harbours Act 1964 for the definitions of “the appropriate Minister” and “the Minister”. The functions of the Minister of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
f2: Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c. 42), Schedule 3, paragraph 9.
f3: Paragraph 4 of Schedule 3 was substituted by S.I. 1999/3445.
f4: O.J. L. 26, 28.1.2012, p.1. Directive 2011/92/EU repealed and recast the provisions contained in Council Directive 85/337/EC (O/J. L 175, 5.7.1985, p.40, as amended by Council Directive 97/11/EC (O.J. L 73, 14.3.1997, p.5) and Directive 2003/35/EC of the European Parliament and of the Council (O.J. L 140, 5.6.2009, p.114)).
f5: Paragraph 5 of Schedule 3 was substituted by S.I. 1999/3445.
f6: Paragraph 10 of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(b) and (c).
f7: Paragraph 19(2) of Schedule 3 was substituted by S.I. 1999/3445.