# The Loch Ryan Port (Harbour Empowerment) Order 2009, Introduction: Introductory text


Order made by the Scottish Ministers, laid before the Scottish Parliament under section 54A(2)(a) and (4) of the Harbours Act 1964 for approval by resolution of the Scottish Parliament.
Harbours, Docks, Piers And Ferries
Made 14th December 2009
Laid before the Scottish Parliament 15th December 2009
Coming into force 2010
The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 16(1) and (6) of the Harbours Act 1964 and all other powers enabling Ministers to do so.
In accordance with section 16(1) of that Act, Stena Line Ports (Loch Ryan) Limited (“the applicant”) has made a written application to Ministers for the making by Ministers of this harbour empowerment order.
In accordance with section 16(5) of that Act, Ministers are satisfied that the making of this harbour empowerment order is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea.
In accordance with paragraph 4 of Schedule 3 to that Act, Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC, as relevantly amended by Council Directive 97/11/EC and Council Directive 2003/35/EC, on the assessment of the effects of certain public and private projects on the environment and, taking into account the criteria set out in Annex III to that Directive, that the project is a relevant project.
In accordance with paragraph 6 of that Schedule, Ministers have—
(a) informed the applicant of that decision, and the reasons for it; and
(b) given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and—
(i) in giving that opinion Ministers have taken into account the matters in sub‑paragraph (3) of that paragraph; and
(ii) before giving that opinion Ministers have consulted the applicant and such bodies with environmental responsibilities as Ministers thought appropriate.
In accordance with paragraph 8 of that Schedule, Ministers have directed the applicant to supply them with an environmental statement and as required by paragraph 9 of that Schedule the applicant has complied with that direction.
Notices have been published by the applicant in accordance with the requirements of paragraphs 10, and 10A of that Schedule.
In accordance with paragraph 15 of that Schedule, Ministers have—
(a) consulted; and
(b) sent the environmental statement, and any further information falling within paragraph 10A(2) of that Schedule, to,
such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.
The provisions of paragraph 17 of that Schedule have been satisfied. All objections to the application for the making of this harbour empowerment order have been withdrawn. No representations under paragraph 10A(4)(d) of that Schedule have been made.
In accordance with paragraph 19(1) of that Schedule, Ministers have considered—
(a) the environmental statement and the further information falling within paragraph 10A(2) of that Schedule;
(b) the result of the consultations under paragraph 15 of that Schedule; and
(c) any representations made under paragraph 10(2)(f) of that Schedule.
In accordance with paragraph 19(2) of that Schedule, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.

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Source: https://www.legislation.gov.uk/sdsi/2009/9780111007297/introduction (the official version)
Page: https://openlegislation.uk/draft-loch-ryan-port-harbour-empowerment-order-2009/introduction
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.