The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

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 the Firth of Clyde and on land at Brodick in the Island of Arran, a harbour with harbour works and harbour related facilities.

Part 1 makes preliminary provision including provision as to interpretation (article 2).

Part 2 makes provision for the limits of the harbour (article 4).

Part 3 makes provisions as to works.

Article 5 authorises CMAL to construct works. The main works to be carried out are at paragraphs (1) and (2). Paragraph (3) makes provision for future works.

Article 6 provides for the limits of deviation for the works and article 7 authorises subsidiary works required in connection with the works under article 5. Article 8 provides for the reclamation of land.

Article 9 authorises CMAL to dredge the harbour and the approaches to it.

Article 10 creates an offence of obstructing the works.

Article 11 deems the works to be part of the harbour undertaking.

Articles 12 to 17 provide for the control and regulation of tidal works.

Article 18 makes provision as to the time limit for completing the works under article 5(1) and (2).

Article 19 provides for land within the harbour limits 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 North Ayrshire Council if it otherwise would not do so.

Part 4 makes provision as to harbour regulation.

Article 20 provides for general powers.

Article 21 provides power to appropriate parts of the harbour.

Article 22 provides power to lease.

Article 23 provides power to enter into arrangements to provide supplies.

Article 24 provides for parking places.

Article 25 provides for moorings.

Articles 26 to 29 provide for restrictions on and licensing of works and dredging.

Articles 30 and 31 provide for the licensing of tugs and pleasure craft.

Articles 32 and 33 provide for bye laws.

Articles 34 to 38 provide for general directions and special directions.

Articles 39 to 42 provide for management of vessels, including boarding.

Articles 43 to 45 provide for removal powers.

Article 46 provides CMAL with a defence of due diligence against the commission of offences under the Order.

Part 5 authorises CMAL to levy charges.

Part 6 makes miscellaneous and general provisions.

Articles 55 and 56 make saving provision, 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.

Article 57 provides for Crown rights.

Article 58 provides for repeals.

Schedule 1 provides for the harbour limits description, which limits are shown on the harbour plan.

Schedule 2 contains the harbour plan.

Schedule 3 details the extent of repeals by virtue of article 58.