Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002

JurisdictionScotland
CitationSSI 2002/410

2002 No. 410

HARBOURS, DOCKS, PIERS AND FERRIES

The Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002

Made 4th September 2002

Coming into force 5th September 2002

Whereas Comhairle nan Eilean Siar has applied in writing to the Scottish Ministers for a harbour revision order under section 14 of the Harbours Act 19641;

And whereas the objections to that application have been withdrawn;

And whereas the Scottish Ministers are satisfied as mentioned in subsection (2)(b) of the said section 14;

Now therefore, the Scottish Ministers, in exercise of the powers conferred on them by section 14 of the said Act, and of all other powers enabling them in that behalf, hereby make the following Order:

1 PRELIMINARY

PART I

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Comhairle nan Eilean Siar (Various Harbours) Harbour Revision Order 2002 and shall come into force on 5th September 2002.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order–

“the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 18472;

“charges” means charges, dues and tolls of every description for the time being payable under any enactment to the Comhairle in relation to the harbour undertaking;

“the Comhairle” means Comhairle nan Eilean Siar;

“general direction” means a direction given under article 18 below;

“harbour area” means an area within which the Comhairle exercise jurisdiction as a harbour authority under article 4 below;

“the harbour maps” means the maps referred to in article 4 below of which copies are deposited at the offices of the Scottish Ministers at the Scottish Executive, Victoria Quay, Edinburgh, EH6 6QQ and with the Comhairle at Sandwick Road, Stornoway, Isle of Lewis HS1 2BW;

“the harbour master” means any person appointed as such by the Comhairle, and includes his deputies and assistants, and any other person for the time being authorised by the Comhairle to act, either generally or for a specific purpose, in the capacity of harbour master;

“the harbour premises” means the quays, piers, landing places and all other works, land and buildings for the time being vested in, or occupied or administered by, the Comhairle as part of the harbour undertaking;

“the harbour undertaking” means the harbour undertaking of the Comhairle;

“the level of high water” means the level of mean high-water springs;

“mooring” includes buoys and other apparatus provided for the mooring of vessels;

“special direction” means a direction given under article 20 below;

“vessel” means every description of vessel, however propelled or moved, and includes any thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily), a seaplane on or in the water, a hovercraft, a hydrofoil and any amphibious vehicle.

Incorporation of Harbours, Docks, and Piers Clauses Act 1847
S-3 Incorporation of Harbours, Docks, and Piers Clauses Act 1847

Incorporation of Harbours, Docks, and Piers Clauses Act 1847

3.—(1) The following provisions of the 1847 Act are hereby incorporated with, and form part of, this Order–

sections 1, 2, 3, 4, 20, 21, 23, 27, 29, 31 to 36, 43, 52 to 66, 68 to 71, 73, 77, 78, 92 and 94.

(2) The said provisions as so incorporated shall have effect as follows:–

(a)

(a) “the special Act” means this Order;

(b)

(b) “the Promoters of the undertaking” and “the undertakers” mean the Comhairle,

(c)

(c) “the harbour, dock or pier” means the harbour areas;

(d)

(d) “vessel” has the meaning given by article 2 above;

(e)

(e) section 52 shall extend to empower the harbour master to give directions prohibiting the mooring within a harbour area of any vessel_

(i) using any works for the time being vested in the Comhairle, or coming to or departing from those works;

(ii) which is obstructing any such works, or the approach thereto; or

(iii) which threatens the safety of navigation in a harbour area;

(f)

(f) notice given by the harbour master to the master of a vessel under section 53 need not be in writing but may be given orally, or in any other reasonable manner;

(g)

(g) in section 63, for the words from “penalty” to the end of the section there shall be substituted the words “on summary conviction to a fine not exceeding level 2 on the standard scale”;

(h)

(h) in section 69, for the words “forfeit” to the end of the section there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;

(i)

(i) in section 73, for the words “five pounds” there shall be substituted the words “level 2 on the standard scale”;

(j)

(j) in section 84, for the words “five pounds” there shall be substituted the words “level 2 on the standard scale”.

(3) Notwithstanding any direction given before the date of the coming into force of this Order by the Secretary of State under section 10(1) of the Harbours, Piers and Ferries (Scotland) Act 19373, the provisions of the 1847 Act, other than those referred to in paragraph (1) above, shall not apply to any harbour area.

Harbour jurisdiction
S-4 Harbour jurisdiction

Harbour jurisdiction

4.—(1) The Comhairle shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964 within the areas described in Schedule 1 to this Order, and shown on the harbour maps, together with so much of the harbour premises as is not situated within those areas.

(2) In the event of any discrepancy between the boundaries of a harbour area as described in Schedule 1, and the boundaries shown on the corresponding harbour map, the harbour map shall prevail.

(3) The Comhairle may employ and appoint harbour masters for and incidental to the performance of their functions under this Order and all other enactments relating to a harbour area.

2 HARBOUR REGULATION

PART II

HARBOUR REGULATION

Management and control of harbours

Management and control of harbours

S-5 General functions in respect of harbour areas

General functions in respect of harbour areas

5.—(1) It shall be the duty of the Comhairle, subject to the provisions of this Order, to take such steps from time to time as it may consider necessary or desirable for the conservancy, protection, regulation, maintenance, operation and management and improvement of–

(a)

(a) the harbour areas and the approaches thereto; and

(b)

(b) the facilities afforded therein or in connection therewith.

(2) For those purposes, and without prejudice to the generality of the foregoing, the Comhairle may–

(a)

(a) improve, maintain, regulate, manage, mark and light the harbour areas and provide harbour facilities;

(b)

(b) place, execute, operate, maintain, renew, alter, remove and reconstruct structures and works and equipment in the harbour areas; and

(c)

(c) do all other things which in its opinion are expedient to facilitate the proper carrying on or development of the harbour areas.

S-6 Power to dredge

Power to dredge

6.—(1) Subject to the provisions of this Order, the Comhairle may from time to time deepen, widen, dredge, scour, cleanse, alter and improve the bed and foreshore of a harbour area and the seaward approaches thereto and may blast any rock in that area.

(2) The Comhairle may use, appropriate or dispose of any material (other than any wreck within the meaning of Part IX of the Merchant Shipping Act 19954) from time to time dredged or removed by it from a harbour area.

(3) Subject to the provisions of this Order no materials so dredged shall be deposited below the level of mean high water except in such places and in accordance with such conditions and restrictions as may be approved or prescribed by the Scottish Ministers.

S-7 Reclamation of land

Reclamation of land

7.—(1) Subject to the provisions of this Order, the Comhairle may within a harbour area fill up, raise, enclose and reclaim land from the sea and the bed and foreshore of the harbour area and for that purpose may place such piles and construct such groynes, retaining walls and other works in and upon the sea, bed and foreshore as the Comhairle deems necessary.

(2) The Comhairle shall not exercise the powers of paragraph (1) above–

(a)

(a) in relation to any land not owned by it unless it first obtains the consent in writing of the owner thereof; or

(b)

(b) in relation to any part of a harbour area in front of or adjoining land belonging to Her Majesty in right of Her Crown or to a government department or held in trust for Her Majesty for the purposes of a government department and protected by article 61 below, without the consent in writing of the Crown Estate Commissioners or, as the case may be, the government department.

S-8 Declaration of draught, etc. of vessel

Declaration of draught, etc. of vessel

8.—(1) The master of a vessel entering, leaving or intending to enter or leave a harbour area shall, if required to do so by the harbour master, state the length overall and draught maximum of his vessel.

(2) The master of a vessel who in response to a requirement under paragraph (1) above without reasonable excuse gives incorrect information shall, without prejudice to any right of the Comhairle to compensation for loss or damage occasioned thereby, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) For the purposes of this article “draught” in relation to a hovercraft or hydrofoil vessel means its draught when afloat and not supported on a cushion of air or on foils or by any other means and in relation to a seaplane means its draught when afloat.

S-9 Provisions as to damage

Provisions as to damage

9.—(1) This article applies to any damage caused to any work or property of the Comhairle in a harbour area–

(a)

(a) by any person who contravenes any provision of this Order or any other enactment relating to a harbour area; or

(b)

(b) by a vessel, whether or not as a result of any contravention of any such provision.

(2) Where damage to which...

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