The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Scottish Statutory Instruments

2015 No. 6

Harbours, Docks, Piers And Ferries

The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Made

13th January 2015

Coming into force

14th January 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 14(1), (2A) 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 to that Act(2).

In accordance with section 14(2) of that Act—

(a) this Order is made following a written application to the Scottish Ministers by Caledonian Maritime Assets Limited (“CMAL”) being the authority engaged in improving, maintaining or managing the harbour; and

(b) (except in so far as this Order is made for achieving objects mentioned in section 14(2A) of that Act), the Scottish 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 facilitating the efficient and economic transport of goods and passengers by sea.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.

In accordance with paragraph 4 of Schedule 3 to that Act(3), the Scottish Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC(4) on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.

In accordance with paragraph 5 of that Schedule(5), the Scottish Ministers have informed CMAL in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.

Notice has been published by CMAL in accordance with the requirements of paragraph 10 of that Schedule(6).

The provisions of paragraph 17 of that Schedule(7) have been satisfied.

In accordance with paragraph 19(1) of that Schedule(8), the Scottish Ministers have considered—

(a) the environmental statement;

(b) any objections made and not withdrawn;

(c) any representations made under paragraph 10(2)(f) of that Schedule; and

(d) any written representations submitted to the Scottish Ministers by Caledonian Maritime Assets Limited or any objector in elaboration of the application or, as the case may be, objection.

In accordance with paragraph 19(2) of that Schedule(9), the Scottish Ministers have decided to make this Order with modifications which do not appear to the Scottish Ministers substantially to affect the character of the Order.

(1)

1964 c.40; section 14 was 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 2. See sections 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).

(2)

Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 9.

(3)

Paragraph 4 of Schedule 3 was substituted by S.I. 1999/3445.

(4)

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) and Council Directive 2003/35/EC (O.J. L 156, 25.6.2003, p.17).

(5)

Paragraph 5 of Schedule 3 was substituted by S.I. 1999/3445

(6)

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).

(7)

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).

(8)

Paragraph 19(1) of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2005 (asp 12), section 46 and the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(i).

(9)

Paragraph 19(2) of Schedule 3 was substituted by S.I. 1999/3445.