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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, made following an application by Caledonian Maritime Assets Limited (“CMAL”), empowers CMAL to construct, maintain and operate in Loch Leodamais and on adjacent land at Port Ellen in Argyll and Bute, harbour works and harbour related facilities.

Article 2 makes provision as to interpretation.

Article 3 authorises CMAL to construct works. The main works to be carried out to improve the harbour are at paragraphs (1) and (2). Paragraph (3) makes provision for future works.

Article 4 provides for the limits of deviation for the works and article 5 authorises subsidiary works required in connection with the works under article 3 or the harbour.

Article 6 authorises CMAL to dredge the harbour and the approaches to it. Article 7 creates an offence of obstructing the works. Articles 8 to 13 make provision for the control and regulation of tidal works. Article 14 makes provision as to the time limit for completing the works under article 3(1) and (2).

Article 15 provides for land within the harbour limits (some of which will have been reclaimed from the foreshore and seabed below high water) to be deemed to be operational land for the purposes of the Town and Country Planning (Scotland) Act 1997 and to lie within the area of Argyll and Bute Council if it otherwise would not do so.

Article 16 amends provisions in the Act passed in 1846 for improving and maintaining the harbour of Port Ellen in the County of Argyll relating to directions to be given by the harbour master for the removal of vessels, increasing the penalty for failing to comply with a direction of the harbour master and providing that the responsibility of a master of a vessel is not diminished notwithstanding a direction of the harbour master.

Article 17 provides CMAL with a defence of due diligence against the commission of offences under the Order.

Articles 18 to 20 make saving provisions, including making clear that in carrying out any works or operations pursuant to this Order CMAL must obtain any other consent required for those works or operations under the terms of any other enactment.

The deposited plans, sections and elevations and, for a period of one month after notice of any extension is published in a local newspaper, any consent given by the Scottish Ministers under article 14 allowing an extension to the period for the completion of the works may also be inspected, free of charge, at the offices of CMAL at Municipal Buildings, Fore Street, Port Glasgow PA14 5EQ between 10.00 and 16.00 (Monday to Friday, excluding public holidays).