The Stornoway Port Authority Harbour Revision Order 2021

Scottish Statutory Instruments

2021 No. 192

Harbours, Docks, Piers And Ferries

The Stornoway Port Authority Harbour Revision Order 2021

Made

21st April 2021

Coming into force

22nd April 2021

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 of that Act(2).

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

(a) this Order is made following a written application to Ministers by Stornoway Port Authority (“the applicant”) 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, facilitating the efficient and economic transport of goods or passengers by sea and the recreational use of sea-going ships.

In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour and consolidating any statutory provisions of local application affecting the harbour.

The provisions of paragraph 17 of Schedule 3 to that Act(3) have been satisfied. No objections to the application have been made.

In accordance with paragraph 19(6)(b) of that Schedule(4), Ministers have decided to make this Order in the form of the draft submitted to them.

In accordance with paragraph 4 of schedule 3 of that Act (5), Ministers have decided that the application relates to a project which falls within Annex I to Council Directive 2011/92/EU(6).

In accordance with paragraph 20D of that schedule, Ministers have made a deferral direction because Ministers are satisfied that an assessment of the effects on the environment of the project in question has been, is being, or will be carried out by another consenting authority. Accordingly, the steps referred to in paragraph 20E(1) of that schedule do not require to be carried out.

Notice has been published in accordance with the requirements of paragraph 10 of that schedule(7).

(1)

1964 c. 40.

(2)

Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), schedule 3, paragraph 9.

(3)

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).

(4)

Paragraph 19(6) of schedule 3 was substituted by S.I. 2017/1070.

(5)

Paragraph 4 of schedule 3 was substituted by S.I. 2017/1070.

(6)

O.J. L. 26, 28.1.2012, p.1, as relevantly amended by Council Directive 2014/52/EU (O.J. L. 124, 25.4.2014, p.1).

(7)

Schedule 3 was substituted by S.I. 1999/3445 and relevantly amended by the Transport (Scotland) Act 2005 (asp 12), section 46(5) and by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5).