The Shetland Islands Council (Papa Stour and Fetlar) Harbour Revision Order 2003

Scottish Statutory Instruments

2003 No. 190

HARBOURS, DOCKS, PIERS AND FERRIES

The Shetland Islands Council (Papa Stour and Fetlar) Harbour Revision Order 2003

Made

12th March 2003

Coming into force

13th March 2003

Whereas the Shetland Islands Council have applied for a harbour revision order under section 14 of the Harbours Act 1964(1) (hereinafter called “the Act”):

Now therefore the Scottish Ministers in exercise of the powers conferred by section 14 of the Act(2) and of all other powers enabling them in that behalf, hereby make the following Order:–

Citation and commencement

1.  This Order may be cited as the Shetland Islands Council (Papa Stour and Fetlar) Harbour Revision Order 2003 and shall come into force on 13th March 2003.

Application of Zetland County Council Act 1974 to additional area

2.—(1) Schedule 1 to the Zetland County Council Act 1974(3) is amended by adding at the end of Part II the following areas:–

“HOUSA VOE, PAPA STOUR AREA

The tidal waters of Housa Voe, Papa Stour, the seaward boundary whereof is a straight line in a northerly direction from a point at latitude 60°19.73−N, longitude 01°39.89−W to a point at latitude 60°19.95−N, longitude 01°39.94−W.

HAMARS NESS, FETLAR AREA

The area bounded by a line commencing at the low water mark at the north end of Hamars Ness, 60°37.88−N, 00°56.18−W, thence in a generally east-north-easterly direction to the low water mark on The Fludir, 60°38.03−N, 00°54.97−W, thence in a generally south-easterly direction to the low water mark on Stongir Holm, 60°37.87−N, 00°54.68−W, thence in a generally southerly direction to the low water mark at the north end of Urie Ness, 60°37.82−N, 00°54.63−W”.

(2) The references to co-ordinates in the areas referred to in paragraph (1) above are references to WGS84 (ETRS89) datum.

DAVID M HART

A member of the staff of the Scottish Executive

Victoria Quay, Edinburgh

12th March 2003

Explanatory Note

(This note is not part of the Order)

Shetland Islands Council exercise jurisdiction as harbour authority under the Zetland County Council Act 1974 in respect of the areas specified in Schedule 1 to that Act.

The Order establishes new harbour areas at Housa Voe, Papa Stour and Hamars Ness, Fetlar within which the Council will exercise harbour jurisdiction pursuant to section 6 of the 1974 Act and within which the other provisions of that Act will apply.

The powers of the 1974 Act will enable the Council to carry out works to improve, maintain and manage the new harbour areas.

The applicant for this Order is Shetland Islands Council, Town Hall, Lerwick, Shetland.

(1)

1964 c. 40; section 14 and Schedule 3 were amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2 to 4, 12 and 14; and by the Transport and Works Act 1992 (c. 42), section 63 and Schedule 3, paragraphs 1 and 10.

(2)

Section 14(7) contains a definition of “the appropriate Minister” relevant to the exercise of the powers under which this Order is made. 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).

(3)

1974 c.viii; Schedule 1 is to be read with section 6 of the Act; section 6 was amended by section 3(2) and Schedule 1 by section 3(3) of the Shetland Islands Council Order 1979 (confirmed by 1979 c.v) and Schedule 1 was further amended by article 3 and the Schedule to The Sullom Voe Harbour Revision Order 1980 (1981 No. 125); and by section 2(2) and Schedule 1 to the Shetland Islands Council Order 1985 (confirmed by 1985 c.xxxii); and by article 2 of the Shetland Islands Council (North Haven, Fair Isle) Harbour Revision Order 1992 (1992 No. 1977) and by article 2 of the Shetland Islands Council (West Burrafirth) Harbour Revision Order 1995 (1995 No. 2380).