Search Legislation

The Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

For protection of Scottish and Southern Energy plc

60.  For protection of Scottish and Southern Energy plc the following provisions shall, save to the extent that the company may release the Comhairle therefrom, apply and have effect:–

(1) In this article, unless the subject or context otherwise requires–

“apparatus” means any electrical plant and electric line as respectively defined in section 64 of the Electricity Act 1989(1) in or adjoining any of the relevant harbour areas;

“the company” means Scottish and Southern Energy plc;

“in” in a context referring to apparatus includes under, over, across, along or upon;

“position” includes depth;

“relevant harbour areas” means the areas over which the Comhairle exercises jurisdiction under this Order at Kyles Scalpay Terminal, Ludaig Jetty, Vatersay Causeway Slip East and Vatersay Causeway Slip West,

(2) (a) Before exercising the powers of article 6 above at, over, under, or near to any apparatus the Comhairle shall give to the company not less than 28 days' notice in writing of its intention so to do, stating the position of the proposed operation and shall furnish such particulars with respect thereto as the company may reasonably require;

(b)If within 21 days of receipt of such notice as is provided for by sub-paragraph (2)(a) above the company notify the Comhairle in writing of the need to take measures of which the company shall be sole judge to protect apparatus from possible harm caused by the proposed operation and specify the reasonable requirements subject to which the proposed operation may be carried out, the Comhairle shall–

(i)carry out such operation only in accordance with such requirements;

(ii)pay to the company the expenses reasonably incurred by them in and in connection with the carrying out of any of the said protective measures;

(c)Nothing in this Order shall relieve the Comhairle from liability for damage caused by it to any apparatus in the exercise of the powers conferred on it by article 6 above and the Comhairle shall indemnify the company against all claims, demands, costs, damages and expenses not otherwise provided for in this article which may be made or taken against or recovered from or incurred by the company by reason or in consequence of the exercise of the powers of article 6 above, or any act or omission of the Comhairle in or in connection with such exercise.

(3) The Comhairle and the harbour master shall exercise the powers conferred by this Order and any other statutory powers of a harbour authority or the harbour master in such a way as not to interfere unreasonably with access by the company to their apparatus for the purpose of inspection, maintenance, alteration or reconstruction.

(4) Nothing in this Order shall authorise the Comhairle to charge any ship, passenger or goods dues as defined in the Harbours Act 1964, in respect of any vessel entering a relevant harbour area solely for the purpose of inspecting, maintaining, altering or reconstructing apparatus.

(5) Any difference arising between the Comhairle and the company under this article shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Electrical Engineers.

(6) In settling any difference under this article the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Comhairle to execute any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources