Scottish Statutory Instruments
Harbours, Docks, Piers And Ferries
Made
30th May 2023
Coming into force
31st May 2023
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 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 Act(2).
In accordance with section 14(2) of that Act—
(a)this Order is made following a written application to Ministers by the North Ayrshire Council, (“the Council”) being the authority engaged in improving, maintaining and 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 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 work to be undertaken in pursuit of the Millport Coastal Flood Protection Scheme.
In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.
In accordance with paragraph 4 of schedule 3(3) to that Act, the Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 2011/92/EU(4) of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.
In accordance with paragraph 5 of that schedule(5) the Ministers have informed the Council in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.
Notice has been published by the Council in accordance with the requirements of paragraph 10 of schedule 3 of that Act(6).
The provisions of paragraph 17 of that schedule have been satisfied. All objections to the application have been withdrawn or paragraph 18(1A) of that schedule applied in respect of those objections. No representations under paragraph 10(2)(f) of that schedule have been made.
In accordance with paragraph 19(6) of that schedule, Ministers have decided to make this Order with modifications which do not appear to Ministers substantially to affect the character of the Order.
1964 c. 40. Section 14 was relevantly amended by the Transport Act 1981 (c. 56), schedule 6, paragraphs 2, 3, 4(1) and 14 and schedule 12 and the Transport and Works Act 1992 (c. 42), schedule 3, paragraph 1. See section 14(7) and 57(1) of the Harbours Act 1964 for the definitions of “the appropriate Minister” and “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).
Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c. 42), schedule 3, paragraph 9.
Paragraph 4 was substituted by S.I. 2017/1070 and amended by S.I. 2020/460.
O.J. L 26, 28.1.2012, p.1, as relevantly amended by Council Directive 2014/52/EU (O.J. L. 24, 25.4.2014, p. 1).
Paragraph 5 was substituted by S.I. 2017/1070.
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). Schedule 3 is also amended by S.I. 2017/170, schedule 1, paragraph 80.