Search Legislation

Transport and Works (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 26

 Help about opening options

Alternative versions:

Changes to legislation:

Transport and Works (Scotland) Act 2007, Section 26 is up to date with all changes known to be in force on or before 30 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

26Amendment of Pilotage Act 1987S

This section has no associated Explanatory Notes

After section 1 of the Pilotage Act 1987 (c. 21), insert—

1AProcedure on orders under section 1

(1)Where the Scottish Ministers propose to make an order under section 1 above (other than under subsection (4) of that section), they must before doing so—

(a)publish a notice—

(i)in a newspaper circulating in the area in which the provisions of the order will have most effect;

(ii)in the Edinburgh Gazette; and

(iii)in such other publication as seems to them appropriate; and

(b)send a copy of the notice to such persons as they consider may be affected by the order.

(2)Where the Scottish Ministers propose to make an order under subsection (4) of section 1 above, the harbour authority which made application under that subsection must, before the order is made—

(a)publish a notice—

(i)in a newspaper circulating in the area in which the provisions of the order will have most effect;

(ii)in the Edinburgh Gazette; and

(iii)in such other publication as may be directed by the Scottish Ministers; and

(b)send a copy of the notice—

(i)to such persons as they consider may be affected by the order; and

(ii)to such other persons as the Scottish Ministers may direct.

(3)A notice under subsection (1) or (2) above must—

(a)contain a summary of the contents of the proposed order;

(b)specify a place where a copy of the proposed order (and of any related map or plan) is available for public inspection; and

(c)provide details as to the making to the Scottish Ministers of objections to the proposed order by a date specified in the notice (that date being no less than 42 days after the first date of publication of the notice in terms of paragraph (a)(i) of subsection (1) or (2) above).

(4)Where a harbour authority affected by the proposed order makes an objection to the Scottish Ministers by the date specified in the notice, the Scottish Ministers shall arrange for the objection to be considered—

(a)at a public local inquiry; or

(b)at a hearing before a person appointed by them.

(5)Where the Scottish Ministers receive any other objection by the date specified in the notice and they do not consider the objection to be frivolous or trivial, they shall arrange for the objection to be considered—

(a)at a public local inquiry;

(b)at a hearing before a person appointed by them; or

(c)by way of written representations.

(6)Subsections (2) and (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (attendance and evidence at, and expenses of, inquiries) apply to an inquiry held under subsection (4)(a) or (5)(a) above as they apply to a local inquiry under that Act.

(7)Subsections (6) to (8) of section 210 of the Local Government (Scotland) Act 1973 apply to a hearing held under subsection (4)(b) or (5)(b) above as they apply to a local inquiry under that Act.

(8)The Scottish Ministers are to have regard to—

(a)a report by the person conducting any inquiry or hearing under subsection (4) or (5) above; and

(b)any written representations in terms of subsection (5)(c) above,

before deciding whether or not to make the proposed order (with or without modifications).

(9)After an order has been made, the Scottish Ministers or, where the order is made under subsection (4) of section 1 above, the harbour authority which made application under that subsection must—

(a)publish a notice—

(i)in a newspaper circulating in the area in which the provisions of the order will have most effect; and

(ii)in the Edinburgh Gazette; and

(b)send a copy of the notice to—

(i)any person to whom a copy notice was sent under paragraph (b) of subsection (1) or (2) above, as the case may be;

(ii)any person whose objection was considered at an inquiry or hearing under subsection (5) above; and

(iii)any other person whom the Scottish Ministers consider appropriate.

(10)A notice under subsection (9) above must—

(a)state that the order has been made;

(b)specify the date on which it comes into force; and

(c)specify a place where a copy of the order is available for public inspection..

Commencement Information

I1S. 26 in force at 28.12.2007 by S.S.I. 2007/516, art. 2

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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 enacted 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