The Lerwick Harbour Revision (Constitution) Order 2019

Document Number:2019 No. 136
Coming into force:Coming into force on the 12/04/2019
 
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Scottish Statutory Instruments

Harbours, Docks, Piers And Ferries

Made

11 th April 2019

Coming into force

12 th April 2019

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 the Act—

(a) this Order is made following a written application to Ministers by Lerwick Port Authority being the authority engaged in improving, maintaining or managing the harbour, and

(b) except in so far 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.

In accordance with section 14(2 A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.

Notice has been published by the applicant in accordance with the requirements of paragraph 10 of Schedule 3 of that Act(3). No objections to the application have been made.

In accordance with paragraph 19(2) of that Schedule(4) , Ministers have decided to make this Order in the form of the draft submitted to them.

PART 1 PRELIMINARY

Citation and commencement

  1. —(1) This Order may be cited as the Lerwick Harbour Revision (Constitution) Order 2019 and comes into force on the day after the day on which it was made.

    (2) This Order and the Lerwick Harbour Acts and Orders 1877 to 2015 (as hereinafter defined) may be cited together as the Lerwick Harbour Acts and Orders 1877 to 2019 (hereinafter referred to as “the Lerwick Harbour Acts and Orders”.)

    Incorporation of section 60 of the Commissioners Clauses Act 1847

  2. Section 60 of the Commissioners Clauses Act 1847(5) shall be incorporated with this Order.

    Interpretation

  3. In this Order—

    “the 1877 Act” means the Lerwick Harbour Improvements Act 1877(6) ,

    “the 1999 Order” means the Lerwick Harbour Revision Order 1999(7) ,

    “the 2003 Order” means the Lerwick Harbour Revision (Constitution) Order 2003(8) ,

    “the 2015 Order” means the Lerwick Harbour Revision Order 2015(9) ,

    “the application date” means the last Friday of May in each year,

    “the appointment date” means the second Tuesday in July of each year,

    “the Authority” means Lerwick Port Authority,

    “the Board” means the Board of Lerwick Port Authority,

    “Existing Member” means a Member of the Board holding office under the 2003 Order,

    “harbour” means the Port and Harbour of Lerwick as defined by the Lerwick Harbour Acts and Orders,

    “the Lerwick Harbour Acts and Orders 1877 to 2015” means the 1877 Act, the Lerwick Harbour Improvements Act 1877 Amendment Order Confirmation Act 1903(10) , the Lerwick Harbour Order Confirmation Act 1911(11) , Lerwick Harbour Order Confirmation Act 1927(12) , the Lerwick Harbour Order Confirmation Act 1952(13) , the Lerwick Harbour Order Confirmation Act 1971(14) , the Lerwick Harbour Order Confirmation Act 1973(15) , the Lerwick Harbour Order Confirmation Act 1974(16) , the Lerwick Harbour (Miscellaneous Provisions) Order Confirmation Act 1975(17) , the Lerwick Harbour Order Confirmation Act 1976(18) , the Lerwick Harbour Order Confirmation Act 1979(19) , the Lerwick Harbour Order Confirmation Act 1982(20) , the Lerwick Harbour Revision Order 1982(21) , the Lerwick Harbour Order Confirmation Act 1985(22) , the Lerwick Harbour Order Confirmation Act 1987(23) , the Lerwick Harbour Revision Order 1989(24) , the Lerwick Harbour Revision Order 1993(25) , the Lerwick Harbour Order Confirmation Act 1994(26) , the Lerwick Harbour Revision Order 1994(27) , the Lerwick Harbour Revision Order 1997(28) , the 1999 Order, the Lerwick Harbour Revision Order 2001(29) , the 2003 Order, the Lerwick Harbour Revision Order 2007(30) , the Lerwick Harbour Revision Order 2010(31) and the 2015 Order, and

    “Member” means a Member of the Board holding office either under the 2003 Order or this Order as the case may require.

    PART 2 CONSTITUTION

    Membership of the Board

  4. —(1) On and after the date on which this Order comes into force, in accordance with the provisions of this article 4 , the Members of the Board shall be—

    (a) such persons holding office as Members under the 2003 Order, whose terms of appointment are yet to expire,

    (b) such persons appointed by the appointing body on or after the date on which this Order comes into force, in accordance with articles 5 and 6 of this Order,

    (c) the Chief Executive of the Authority,

    (d) one other senior officer of the Authority as may, from time to time, be specified by the Members holding office under subparagraphs (a) and (b) above, and

    (e) the persons holding office in terms of subparagraphs (a) and (b) shall together never number more than nine in total.

    (2) Any Members appointed under articles 4(1)(b) , 5 and 6 shall, unless appointed to fill a casual vacancy and subject to articles 7 , 8 and 9 of this Order, hold office for the period of...

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