The Port of Cairnryan Harbour Revision Order 2012

Document Number:2012 No. 350
Coming into force:Coming into force on the 14/12/2012

Scottish Statutory Instruments

Harbours, Docks, Piers And Ferries


13 th December 2012

Coming into force

14 th December 2012

The Scottish Ministers (the “Ministers”) make the following Order in exercise of the powers conferred by section 14(1) , (2 A) and (3) of the Harbours Act 1964(1) and all other powers enabling Ministers 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 to that Act(2).

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

(a) this Order is made following a written application to Ministers by Port of Cairnryan Limited 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(2 A) of the Act, 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 of facilitating the efficient and economic transport of goods or passengers by sea.

In accordance with section 14(2 A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour and consolidating any statutory provisions of local application affecting the harbour.

In accordance with paragraph 4 of Schedule 3 to that Act(3) , Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 85/337/EEC (4) as relevantly amended by Council Directive 97/11/EC (5) and Council Directive 2003/35/EC (6) on the assessment of the effects of certain public and private projects on the environment and, taking into account the criteria set out in Annex III to that Directive, that the project is a relevant project.

In accordance with paragraph 6 of that Schedule(7) , Ministers have—

(a) informed the applicant of that decision, and the reasons for it; and

(b) given an opinion to the applicant about the extent of the information referred to in Annex IV to that Directive which the applicant would be required to supply in the environmental statement and –

(i) in giving that opinion Ministers have taken into account the matters in sub-paragraph...

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