The Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011

Scottish Statutory Instruments

2011 No. 283

Harbours, Docks, Piers And Ferries

The Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011

Made

27th June 2011

Coming into force

28th June 2011

The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14(1), (2A) and (3) of the Harbours Act 1964(1) and all other powers enabling Ministers 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 Ministers by Caledonian Maritime Assets Limited (“CMAL”)(3) 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), 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 and passengers by sea.

In accordance with paragraph 4 of Schedule 3 to that Act(4), Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC(5), as relevantly amended by Council Directive 97/11/EC(6) and Council Directive 2003/35/EC(7), 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 (8), 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(9).

The provisions of paragraph 17 of that Schedule(10) have been satisfied.

In accordance with paragraph 19(1) of that Schedule(11), Ministers have considered–

(a) any objections made and not withdrawn;

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

(c) any written representations submitted to Ministers by CMAL or any objector in elaboration of the application or, as the case may be, objection.

In accordance with paragraph 19(2) of that Schedule(12), Ministers have decided to make this Order in the form of the draft submitted to them.

(1)

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 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)

Port Ellen was previously vested in the Scottish Transport Group who were the harbour authority for the port. By virtue of article 3(2) of, and Schedule 2 to, the Transport (Scotland) Act 1989 (Transfer of Shipping Companies) Appointed Day Order 1990 (S.I. No. 552 (S.71)), the port became vested in Caledonian MacBrayne Limited which became and remains the harbour authority for the port. On 2nd October 2006, the Registrar of Companies for Scotland gave a certificate that Caledonian MacBrayne Limited having changed its name by special resolution was then incorporated under the name of Caledonian Maritime Assets Limited.

(4)

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

(5)

O.J. L 175, 5.7.1985, p.40.

(6)

O.J. L 73, 14.3.1997, p.5.

(7)

O.J. L 156, 25.6.2003, p.17.

(8)

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

(9)

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 10A of Schedule 3 was inserted by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(d).]

(10)

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).

(11)

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).

(12)

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