The Scottish Ministers make the following Order in exercise of the powers conferred by section 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 of that Act2.

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

(a)

this Order is made following a written application to the Scottish Ministers by the Gardenstown Harbour Trustees (“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) 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 or passengers by sea.

In accordance with section 14(2A) of that Act, the objects to be achieved by this Order include the repealing of superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.

Notice has been published by the applicant in accordance with the requirements of paragraph 10 of schedule 3 of that Act3.

In accordance with paragraph 19(1) of that schedule4, the Scottish Ministers have considered:

(a)

any objections made and not withdrawn; and

(b)

written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.

In accordance with paragraph 19(2) of that schedule, 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.