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”) 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In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.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, Ministers have decided that the application relates to a project which falls within Annex
II to Council Directive
85/337/EEC4, as relevantly amended by Council Directive
97/11/EC5 and Council Directive
2003/35/EC6, 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
7, 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
8.
The provisions of paragraph
17 of that Schedule
9 have been satisfied.
In accordance with paragraph
19(1) of that Schedule
10, Ministers have considered—
(a)any objections made and not withdrawn;
(b)any representations made under paragraph 10(2)(f) of that Schedule;
(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
11, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.