Introductory text

Harbours, Docks, Piers And Ferries

Made 3rd October 2018

Coming into force 4th October 2018

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 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)

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

(b)

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.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour and consolidating any statutory provisions of local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

Notice has been published by the applicant in accordance with the requirements of paragraph 10 of schedule 3 of that Act^f3.

In accordance with paragraph 15 of that schedule^f4, Ministers have consulted 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^f5 have been satisfied. No objections to the application have been made.

In accordance with paragraph 19(1) of that schedule^f6, Ministers have considered the result of the consultations under paragraph 15 of that Schedule.

In accordance with paragraph 19(2) of that schedule^f7, Ministers have decided to make the Order applied for with modifications which do not appear to them substantially to affect the character of the Order.

Annotations

Footnotes

f1: 1964 c.40: section 14 was amended by the Transport Act 1981 (c.56), section 18 and schedule 6, paragraphs 2 to 4(1) and 14, and schedule 12 and by the Transport and Works Act 1992 (c.42), schedule 3, paragraph 1. The functions of the Secretary of State 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 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).
f4: Paragraph 15 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)(e).
f5: 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).
f6: Paragraph 19(1) of schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport (Scotland) Act 2005 (asp 12), section 46 and the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(i).
f7: Paragraph 19(2) of schedule 3 was substituted by S.I. 1999/3445.