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Introductory text

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HARBOURS, DOCKS, PIERS AND FERRIES

Made 1st April 2026

Coming into force 2nd April 2026

The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by sections section 14(1), (2A) and (3) of the Harbours Act 1964f1 and all other powers enabling them 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 Actf2.

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

  1. (a)

    this Order is made following a written application to the Ministers by Peterhead Port Authority (“the Authority”), being the authority engaged in improving, maintaining or managing the harbour, and

  2. (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, or of facilitating the efficient and economic transport of goods by sea.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.

In accordance with paragraph 4 of schedule 3 of that Actf3, the Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 2011/92/EUf4 of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.

In accordance with paragraph 5 of that schedulef5 the Ministers have informed the Authority 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 Authority in accordance with the requirements of paragraph 10 of schedule 3 of that Actf6.

No objections to the application have been made.

In accordance with paragraph 19(1)f7 of that schedule, the Ministers have considered any representations made under paragraph 10(2)(f) of that schedule.

In accordance with paragraph 19(6) of that schedule, the Ministers have decided to make this Order with modifications which do not appear to the 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 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 was substituted by S.I. 2017/1070 and amended by S.I. 2020/460.

f4

OJ No. L 26, 28.1.2012, p.1, as relevantly amended by Council Directive 2014/52/EU (OJ No. L. 24, 25.4.2014, p. 1).

f5

Paragraph 5 was substituted by S.I. 2017/1070.

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). Schedule 3 is also amended by S.I. 2017/170, schedule 1, paragraph 80.

f7

Paragraph 19 of schedule 3 was substituted by S.I. 2017/1070.