The Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013

Scottish Statutory Instruments

2013 No. 46

Harbours, Docks, Piers And Ferries

The Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013

Made

12th February 2013

Coming into force

13th February 2013

The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 16(1) and (6) of the Harbours Act 1964(1) and all other powers enabling Ministers to do so.

In accordance with section 16 (1) of that Act Caledonian Maritime Assets Limited (“CMAL”) has made a written application to Ministers for the making by Ministers of this harbour empowerment order.

In accordance with section 16(5) of that Act Ministers are satisfied that the making of this harbour empowerment order is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea.

In accordance with paragraph 5 of Schedule 3 to that Act(2), Ministers have informed the applicant in writing that the application does not relate to a project which falls within Annex I or II to Council Directive 85/337/EEC(3), as relevantly amended by Council Directive 97/11/EC(4) and Council Directive 2003/35/EC(5), on the assessment of the effects of certain public and private projects on the environment.

Notice has been published by CMAL in accordance with the requirements of paragraph 10 of that Schedule(6).

In accordance with paragraph 15 of that Schedule(7), Ministers have consulted such bodies who were likely to have an interest in the project by reason of their environmental responsibilities as Ministers thought appropriate.

The provisions of paragraph 17 of that Schedule(8) have been satisfied.

In accordance with paragraph 19(1) of that Schedule(9), Ministers have considered—

(a) the result of the consultations under paragraph 15 of that Schedule;

(b) any objections made and not withdrawn;

(c) any representations made under paragraph 10(2)(f) of that Schedule.

In accordance with paragraph 19(2) of that Schedule(10), Ministers have decided to make this Order with modifications which appear to Ministers substantially to affect the character of the Order and they have—

(a) taken such steps as appear to them to be sufficient and reasonably practicable for informing CMAL and other persons likely to be concerned; and

(b) not made this Order until such period for consideration of, and comment upon, the proposed modifications by CMAL and those other persons as they thought reasonable has expired,

both in accordance with paragraph 21 of that Schedule(11).

(1)

1964 c.40; section 16(1) and (6) was relevantly amended by S.I. 1970/1681, the Transport Act 1981 (c.56), Schedule 6, paragraphs 3, 4(1) and 14 and Schedule 12 and the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 2. See sections 57(1) of the Harbours Act 1964 for the definitions of “the Minister”. The functions of the Minister of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Paragraph 5 of Schedule 3 was substituted by S.I. 1999/3445.

(3)

O.J. L 175, 5.7.1985, p.40.

(4)

O.J. L 73, 14.3.1997, p.5.

(5)

O.J. L 156, 25.6.2003, p.17.

(6)

Paragraph 10 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)(b) and (c). [Paragraph 10A of Schedule 3 was inserted by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(d).]

(7)

Paragraph 15 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)(e).

(8)

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).

(9)

Paragraph 19(1) of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport (Scotland) Act 2005 (asp 12), section 46 and the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(i).

(10)

Paragraph 19(2) of Schedule 3 was substituted by S.I. 1999/3445.

(11)

Paragraph 21 of Schedule 3 was substituted by S.I. 1999/3445.