Scrabster (Forward Supply Base) Harbour Revision Order 1998

PART I PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Scrabster (Forward Supply Base) Harbour Revision Order 1998 and shall come into force on 1st June 1998.

(2) The Scrabster Harbour Acts and Orders 1841 to 1993 and this Order may be cited together as the Scrabster Harbour Acts and Orders 1841 to 1998.

Interpretation

2.—(1) In this Order–

• “Act of 1841(1)” means the Act passed in the fourth and fifth years of the reign of Her Late Majesty Queen Victoria intituled “An Act for making and maintaining a Harbour at Scrabster Roads in the Bay of Thurso and County of Caithness, and Road thereto”;

• “area of works” means the area within the limits of deviation or any part of that area;

• “deposited plan and sections” means the plan and sections prepared in duplicate and signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Scrabster (Forward Supply Base) Harbour Revision Order 1998” of which one is deposited at the offices of the Secretary of State for Scotland and the other at the harbour office of the Trust;

• “enactment” means any Act, whether general, local or personal and any order (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument;

• “harbour” means the harbour of Scrabster as authorised by the Act of 1841, the Scrabster Harbour Order 1897(2) and the Scrabster Harbour Order 1989(3) together with the lands, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;

• “harbour undertaking” means the undertaking of the Trustees in connection with the harbour;

• “level of high water” means the level of mean high-water springs;

• “level of low water” means the level of mean low-water springs;

• “limits of deviation” means the limits of deviation shown on the deposited plan and sections;

• “tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;

• “Trust” means Scrabster Harbour Trust;

• “Trustees” means the Trustees for the time being of the Trust;

• “works” means the works authorised by article 3 (power to carry out works) of this Order or, as the case may require, any part thereof.

(2) All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (Power to deviate) of this Order shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

(3) Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.

PART II WORKS

Power to carry out works

3.—(1) Subject to the provisions of this Order, the Trust may, in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections, carry out and maintain the following works in the parish of Thurso, county of Caithness, Highland, and on the foreshore and bed of the sea adjacent thereto together with all necessary and proper works and conveniences connected therewith or incidental thereto:—

• Work No 1: A quay of solid construction commencing at a point above the level of high water 85 metres east of the existing Terminal Quay and 52 metres south of the existing shoreline at ND 310415 970472 and extending east-northeast for a distance of 400 metres termin ating at a point ND 310777 970636, and the construc tion over part thereof of necessary buildings with a reclamation of the seabed by infilling, levelling and surfacing.

• Work No 2: An extension of the existing Terminal Quay as a solid structure commencing at a point on the foreshore above the level of high water 42 metres east of the existing Terminal Quay at ND 310355 970508 and extending south-southeast for a distance of 325 metres terminating at a point at ND 310482 970207, and the construction over part thereof of necessary buildings with a reclamation of the seabed by infilling, levelling and surfacing.

• Work No 3: A breakwater quay commencing at a point 29 metres south of the centre line of Work No 1 and 50 metres west of the termination point of the said Work No 1 at a point at ND 310741 970591 extending 153 metres south-southeast and then a further 116 metres south-southwest to terminate at a point at ND 310794 970348, of solid construction bedded on filling placed on the seabed.

• Work No 4: A breakwater quay of solid construction commencing from a point 23 metres north of the south end of the existing berthing jetty at ND 310452 970185 and extending 198 metres east-northeast then a further 120 metres north-northeast to terminate at a point ND 310655 970347 together with a reclamation of the seabed by infilling, levelling and surfacing.

• Work No 5: Dredging of an area of seabed commencing from the east side of Work No 2 at a point ND 310463 970341 and extending 115 metres east-northeast to terminate at a point ND 310575 970384.

• Work No 6: An extension of the existing Harbour Quay as a solid structure commencing at the east face of the existing Outer Quay at a point ND 310089 970361 and extending 120 metres east-northeast to terminate at the west face of the existing Ola Quay at a point ND 310202 970405, with a reclamation of the seabed by infilling, levelling and surfacing.

(2) The Trust may, within the limits of deviation, maintain, renew, reconstruct and alter temporarily or permanently the works.

Power to deviate

4.  Subject to the provisions of this Order, in carrying out the works the Trust may deviate laterally from the lines or situations thereof as shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.

Subsidiary works

5.—(1) Subject to the provisions of this Order, the Trust may within the limits of deviation from time to time erect, construct, maintain and operate, whether temporarily or permanently, all such subsidiary or incidental works and conveniences as may be necessary or expedient for the purposes of or in connection with the construction, maintenance and use of the works.

(2) The works shall be deemed for all purposes to be within the parish of Thurso, County of Caithness, Highland.

Power to dredge

6.—(1) Subject to the provisions of this Order, the Trust may from time to time deepen, dredge, scour, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the harbour or any part of it or the accommodation of vessels thereat.

(2) The Trust may use, appropriate or dispose of any material (other than any wreck within the meaning of Part IX of the Merchant Shipping Act 1995(4)) from time to time dredged by them from the harbour.

(3) Subject to the provisions of this Order no materials so dredged shall be deposited below the level of mean high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Secretary of State.

Obstructing works

7.  Any person who intentionally obstructs any person acting under the authority of the Trust in setting out the lines of or in constructing the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Works to be deemed part of harbour undertaking

8.  The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Trust for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Trust accordingly.

Tidal works not to be executed without approval of Secretary of State

9.—(1) A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun or while work is still in progress.

(2) If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article–

(a) the Secretary of State may by notice in writing require the Trust at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Trust it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition,

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Trust.

Survey of tidal works

10.  The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of a site upon which it is proposed to construct the work and any expenditure incurred by him in such a survey and examination should be recoverable from the Trust.

Provision against danger to navigation

11.—(1) In case of injury to or destruction or decay of a tidal work or any part thereof, the Trust shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

(2) If the Trust fails to comply in any respect with the provisions of this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Abatement of works abandoned or decayed

12.—(1) Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Trust at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

(2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof, in any notice under this article.

(3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Trust it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Trust.

Lights on tidal works during construction

13.—(1) During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

(2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Permanent lights on works

14.—(1) After the completion of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

(2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

Period for completion of works

15.  If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Trust for constructing the works shall cease except as to so much thereof as is then substantially commenced.

PART III MISCELLANEOUS

Harbour limits

16.  The limits within which the Trust shall exercise jurisdiction as a harbour authority and within which the power of the harbour authority and the power of the harbour master may be exercised shall be the area described in Schedule 1 to this Order.

Increase of borrowing powers

17.  As from the commencement of this Order, section 41 of the Scrabster Harbour Order 1897(5) shall be read and have effect as if for the words “five million pounds” wherever the same shall appear there were substituted the words “one hundred million pounds”.

Power to repay debts

18.  Subject to the provisions of any agreement between the Trust and the lender, the Trust may repay any sum lent to it prior to the due date for payment, whether or not demand has been made by the lender, provided that such repayment has been approved at a duly constituted meeting of the Trustees by not less than three-quarters of the Trustees present and voting at such meeting.

Amendments to Act of 1841

19.  The provisions of the Act of 1841 specified in Schedule 2 to this Order shall have effect subject to the amendments set out in the said Schedule.

Power to acquire and dispose of businesses or shares

20.—(1) The Trust may, subject as hereinafter provided in this Article–

(a) acquire by agreement–

(i) any business or undertaking which consists wholly or mainly of the carrying out of harbour operations or so much of any business or undertaking as consists of the carrying out of such operations; or

(ii) any business or undertaking which is wholly or mainly engaged in or which it is proposed should become wholly or mainly engaged in providing services or facilities which the Trust itself is authorised to provide;

(b) subscribe for or acquire any shares, stock, debentures, debenture stock or any other security of a like nature of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged in the provision, maintenance or operation of a harbour or in providing services or facilities which the Trust itself is authorised to provide;

(c) form and promote, or join with any other person in forming and promoting, a company for carrying on any function of the Trust;

(d) dispose of or discontinue the whole or any part of their undertaking acquired under this article and held for the purposes of the harbour undertaking; and

(e) create security over any shares or other securities subscribed for or acquired under this article or dispose of any such shares or securities.

(2) Except in cases which relate to the acquisition or the disposal or the creation of security over assets, or the payment of money representing less than 10% of the net assets of the Trust at the end of the previous accounting year as certified by the Auditors of the Trust the Trust shall not exercise any powers under this paragraph without the approval of the Trustees signified by a resolution to that effect.

(3) No Trustee shall be directly or indirectly concerned in any company referred to in paragraph (1)(c) above or be surety for any such company–

• Provided that no Trustee shall be regarded as interested in any such company solely by reason of:—

  (a)

  the Trust being so interested; or

  (b)

  being a Director of any such company, if he holds office as such Director as representative of the Trust and on terms approved by the Trust; or

  (c)

  being directly or indirectly concerned in any contract with any such company or being surety for any contractor with any such company provided that, prior to being so concerned or becoming such surety, he shall have disclosed to the Trust in writing the nature and extent of his interest.

(4) Nothing in this article shall authorise a company formed under paragraph (1)(c) above to exercise any of the powers of the Trustees under–

(a) the Harbours Act 1964; and

(b) section XCIX (Power to make Bye Laws) of the Act of 1841.

Crown rights

21.—(1) Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular and without prejudice to the generality of the foregoing nothing herein contained shall authorise the Trust or any licensee of the Trust to take, use, enter upon or in any manner interfere with any land or interest in land (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description–

(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or

(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.

Sewel

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

11th May 1998