Scottish Statutory Instruments
Harbours, Docks, Piers And Ferries
Made
24th February 2017
Coming into force
25th February 2017
The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by section 14(1) and (3) of the Harbours Act 1964(1) 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 Act(2).
In accordance with section 14(2) of that Act—
(a)this Order is made following a written application to the Ministers by the Wick Harbour Authority (“the applicant”) being the authority engaged in improving, maintaining or managing the harbour; 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 and of facilitating the efficient and economic transport of goods or passengers by sea.
In accordance with paragraph 5 of schedule 3 of that Act(3), the Ministers have informed the applicant in writing that the application relates to a project which falls within Annex II to Directive 2011/92/EU of the European Parliament and of the Council(4), on the assessment of the effects of certain public and private projects on the environment and have published notice of that determination on 11th April 2013. They prepared an environmental statement and published notice of it on 11th April 2013.
Notice has been published by the applicant in accordance with the requirements of paragraph 10 of that schedule(5).
The provisions of paragraph 17 of that schedule(6) have been satisfied. No objections to the application have been made.
In accordance with paragraph 19(1) of that schedule(7), Ministers have considered the result of the consultations under paragraph 15 of that schedule.
In accordance with paragraph 19(2) of that schedule, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.
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)
Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), schedule 3, paragraph 9.
Paragraph 5 of schedule 3 was substituted by S.I. 1999/3445.
O.J. L 26, 28.1.2012, p.1. Directive 2011/92/EU repealed and recast the provisions contained in Council Directive 85/337/EEC, O.J. L 175, 5.7.1985, p.40, as amended by Council Directive 97/11/EC, O.J. L 73, 14.3.1997, p.5, Directive 2003/35/EC of the European Parliament and of the Council O.J. L 156, 25.6.2003, p.17, and Directive 2009/31/EC of the European Parliament and of the Council, O.J. L 140, 5.6.2009, p.114.
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).
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).
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).