Introductory text

Harbours, Docks, Piers And Ferries

Made 23rd September 2026

Coming into force 24th September 2026

The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by section 14(1), (2A) and (3) of the Harbours Act 1964^f1 and all other powers enabling the 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 the Ministers by the Montrose Port Authority being the authority engaged in improving, maintaining or managing the port, 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, facilitating the efficient and economic transport of goods or passengers by sea and the recreational use of sea-going ships.

Notice has been published by the applicant in accordance with the requirements of paragraph 10 of Schedule 3 to that Act.

The provisions of paragraph 17 of Schedule 3 to that Act^f3 have been satisfied.

In accordance with paragraph 19(1) of that Schedule^f4, the Ministers have considered any objections made and not withdrawn.

In accordance with paragraph 19(6)(b) of that Schedule^f5, Ministers have decided to make this Order in the form of the draft submitted to them.

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 schedule 12 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 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 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).
f4: Paragraph 19(1) of schedule 3 was substituted by S.I. 2017/1070.
f5: Paragraph 19(6)(b) of schedule 3 was substituted by S.I. 2017/1070.