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Scottish Statutory Instruments

2007 No. 308

HARBOURS, DOCKS, PIERS AND FERRIES

The Port of Cairnryan Harbour Empowerment Order 2007

Made

25th May 2007

Coming into force in accordance with Article 1

CONTENTS

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Incorporation of Harbours, Docks and Piers Clauses Act 1847

    4. 4. Power to construct works

    5. 5. Power to deviate

    6. 6. Subsidiary works

    7. 7. Power to dredge

    8. 8. Obstruction of work

    9. 9. Works to be deemed part of undertaking

    10. 10. Tidal works not to be executed without approval of the Scottish Ministers

    11. 11. Survey of tidal works

    12. 12. Provision against danger to navigation

    13. 13. Abatement of works abandoned or decayed

    14. 14. Lights on tidal works during construction

    15. 15. Permanent lights on tidal works

    16. 16. Period for completion of works

    17. 17. Port premises to be within area of Dumfries and Galloway Council

  2. PART 2

    PORT REGULATION

    1. 18. Limits of port

    2. 19. General powers of Company in respect of port

    3. 20. Moorings

    4. 21. General byelaws

    5. 22. Confirmation of byelaws

    6. 23. General directions to vessels

    7. 24. Publication of general directions

    8. 25. Special directions to vessels

    9. 26. Master’s responsibility to be unaffected

    10. 27. Failure to comply with directions

    11. 28. Enforcement of directions

    12. 29. Exemptions, rebates, etc., in respect of charges

  3. PART 3

    MISCELLANEOUS AND GENERAL

    1. 30. Power to lease etc.

    2. 31. Defence of due diligence

    3. 32. Saving for Commissioners of Northern Lighthouses

    4. 33. Crown rights

    5. 34. Environmental requirements

    1. SCHEDULE

      ENVIRONMENTAL REQUIREMENTS

      1. PART 1

        Environmental Statement

      2. PART 2

        Protected properties

      3. PART 3

        Majority of bulk fill material to be delivered by sea

      4. PART 4

        Scour protection

      5. PART 5

        Restriction as to dredging

      6. PART 6

        Monitoring

      7. PART 7

        Vehicular access

      8. PART 8

        Cetaceans etc.

      9. PART 9

        Birds

      10. PART 10

        Otters

      11. PART 11

        General

Go to Explanatory Note

Whereas the Port of Cairnryan Limited have applied for a harbour empowerment order under section 16 of the Harbours Act 1964(1);

And whereas the Scottish Ministers(2) having, in pursuance of paragraph 4 of Schedule 3 to the said Act(3), determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC(4) on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex IV to the Directive;

And whereas the Scottish Ministers have in accordance with paragraph 15 of the said Schedule, furnished bodies appearing to them to have environmental responsibilities with the information supplied to them under paragraph 8 of that Schedule and have consulted such bodies;

And whereas the Scottish Ministers have considered the information supplied under the said paragraph 4 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry and are satisfied as mentioned in section 14(2)(b) of the said Act;

Now, therefore, the Scottish Ministers in exercise of the powers conferred by section 16 of the said Act, and of all other powers enabling them in that behalf, hereby make the following Order:–

(1)

1964 c. 40; section 16 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 2. Back [1]

(2)

The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [2]

(3)

Schedule 3 was substituted by S.I. 1999/3445 as amended by S.I. 2000/2391; paragraph 18 was amended by the Transport (Scotland) Act 2005 (asp 12), section 46. Back [3]

(4)

O.J. No. L 175, 5.7.85, p.40; Council Directive 85/337/EEC was amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5). Back [4]