The Scottish Ministers make the following Order in exercise of the powers conferred by sections 14(1), (2A) and (3) of the Harbours Act 19641 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 Act2.

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

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

(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In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.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 Act3, the Scottish Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC4 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 Schedule5, 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 Schedule6.

The provisions of paragraph 17 of that Schedule7 have been satisfied.

In accordance with paragraph 19(1) of that Schedule8, the Scottish Ministers have considered—

the environmental statement;

any objections made and not withdrawn;

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

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 Schedule9, 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.