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

Made27th June 2011

Coming into force28th 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 19641 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 Act2.

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 Act4, Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC5, as relevantly amended by Council Directive 97/11/EC6 and Council Directive 2003/35/EC7, 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 Schedule9.

The provisions of paragraph 17 of that Schedule10 have been satisfied.

In accordance with paragraph 19(1) of that Schedule11, 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any objections made and not withdrawn;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 Schedule12, Ministers have decided to make this Order in the form of the draft submitted to them.