(This note is not part of the Regulations)

These Regulations amend the Harbours Act 1964 following the coming into force of sections 63 and 68(1) of, and Schedule 3 to, the Transport and Works Act 1992.

The effect of the Regulations is to align Scottish procedures with those already in force in England and Wales so as to require the Secretary of State to determine, when an application is made for a harbour revision order or harbour empowerment order under the 1964 Act in relation to a harbour in Scotland, whether it relates to a project to which Council Directive 85/337/EEC of the 27th June 1985 (OJNo. L175, 5.7.85, p.40) applies. If the Secretary of State determines in any case that the Directive applies and that an environmental assessment is needed, he is to require the applicant to supply him, in such form as he may specify and to the extent that he considers it relevant and reasonable, with the information referred to in Annex III to the Directive.