Introductory text

Harbours, Docks, Piers And Ferries

Made 3rd March 2021

Coming into force 4th March 2021

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 to that Act^f2.

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

(a)

this Order is made following a written application to Ministers by the Eyemouth Harbour Trustees (“the applicant”) being the authority engaged in improving, maintaining or managing the harbour, and

(b)

the Ministers are satisfied that the making of this Order is desirable in the interests of securing the improvement, maintenance, or management of the harbour in an efficient and economical manner and facilitating the efficient and economic transport of goods and passengers by sea.

In accordance with section 14(2A) of that Act^f3, the objects for achieving which this Order is made include repealing superseded, obsolete, or otherwise unnecessary statutory provisions of local application affecting the harbour.

The provisions of paragraph 17 of Schedule 3 of that Act ^f4 have been satisfied. All objections to the application have been withdrawn.

In accordance with paragraph 19(6) of that Schedule^f5, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.

Annotations

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 the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1. See sections 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, Schedule 3, paragraph 9.
f3: Section 14(2A) was inserted by the Transport Act 198, Schedule 6, paragraph 2.
f4: Paragraph 17 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)(g).
f5: Paragraph 19 of Schedule 3 was substituted by S.I. 2017/1070.