Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/904 |
1988 No. 904 (S.88)
HARBOURS, DOCKS, PIERS AND FERRIES
The Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988
Made 21th March 1988
Laid before Parliament 30th March 1988
Coming into force 10th May 1988
The Secretary of State, in exercise of the powers conferred on him by section 16 of the Harbours Act 19641, and of all other powers enabling him in that behalf, and on the application of the Scottish Transport Group, hereby makes the following Order: Enactments repealed
PART I
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988.
(2) This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 19652.
Interpretation
2.—(1) In this Order, except where the context otherwise requires—
“deposited plan and sections” means the plan and sections signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Scottish Transport Group (Castle Bay Pier) Empowerment Order 1988”, of which copies are deposited at the offices of the Secretaries of State for Scotland and Transport and with Caledonian MacBrayne Limited, Harbour Office, Castlebay;
“the Group” means the Scottish Transport Group constituted under the Transport Act 19683;
“harbourmaster” means the harbourmaster appointed by the Group and includes his authorised deputes and assistants and any person authorised by the Group to act in that capacity;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“the pier” means the existing pier and quay wall at Castle Bay;
“the pier premises” means the quays, piers, landing places and all other works, land (including land covered by water) and buildings for the time being vested in or occupied or administered by the Group for the purposes of the pier undertaking as from time to time authorised;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“work” means the work authorised by this Order, or as the case may require any part thereof, and includes any work constructed pursuant to article 7 below.
(2) Except in relation to article 7 below, all dimensions stated in any description of works or lands in this Order shall be construed as if the words “or thereabouts” were inserted after each such dimension.
(3) Any reference in this Order to a work identified by the number of that work shall be construed as a reference to the work of that number authorised by this Order.
PART II
JURISDICTION AND POWERS
Pier jurisdiction
3. The Group shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and the powers of the harbourmaster shall be exercisable within—
(a) the area lying below the level of high water and within a distance of 200 metres from any part of the existing pier; and
(b) the pier premises.
Power to maintain pier premises
4. Subject to the provisions of this Order, the Group may maintain the pier premises.
PART III
WORKS
Power to construct works
5.—(1) Subject to the provisions of this Order, the Group may in the Castlebay Electoral Division, parish of Barra in the Western Isles Islands Area and on the foreshore and in the sea adjoining the same in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct, execute and maintain the works hereinafter described with all necessary works and conveniences connected therewith or incidental thereto that is to say:—
Work No. 1
A vehicle marshalling area of predominantly rectangular shape to be constructed partly by excavation and partly by infilling varying in width from 19 metres at its north-western end to 7 metres at its southern end commencing at a point 92 metres north of the north-western corner of the existing pier and extending in a south-easterly direction for a distance of 60.5 metres and then in a southerly direction for a distance of 32 metres and there terminating.
Work No. 2
A causeway providing an access way for vehicular traffic between the vehicle marshalling area (Work No. 1) via the adjustable steel link bridge (Work No. 3) and any ferry berthed at the existing pier, commencing at a point 71.5 metres north of the north-western corner of the existing pier and extending westerly through a curve to a generally southerly direction for a distance of 29 metres and there terminating, having a width at the level of the metalled carriageway varying between 17 metres at its commencement to 5.8 metres at its termination and surrounded on both its seaward faces by protecting slopes of broken rock, of partly solid infilled construction and partly open work.
Work No. 3
An adjustable steel link bridge commencing at the termination of Work No. 2 by a hinged connection and extending in a generally southerly direction for a distance of 36 metres and there terminating to form a link between any vessel and Work No. 2 and including machinery for lifting and lowering the end adjoining the vessel, the width of the bridge being 5.8 metres at its commencement and 8.5 metres at its termination.
Work. No. 4
Two fixed structures of partly solid and partly open construction for guiding the adjustable end of the steel link bridge (Work No. 3) and supporting the cables for lifting and lowering the said bridge, the centre of the western structure being situated at a point 23.8 metres north-west of the north-western corner of the existing pier, the structure having a width of 7.5 metres and a length of 6 metres, the centre of the eastern structure being situated at a point 18.8 metres north of the north-western corner of the existing pier, the structure having a width of 3 metres and a length of 6 metres.
Work No. 5
Re-fendering the west face and the north and south roundheads of the existing pier in open work construction commencing at a point 3 metres east of the north-western corner of the existing pier and terminating at a point 51 metres south-south-east of the north-western corner of the existing pier having a length of 61.5 metres and a width of 1.5 metres.
(2) The Group may within the limits of deviation reconstruct, renew and alter temporarily or permanently the works.
(3) The works shall be deemed for all purposes to be within the Western Isles Islands Area.
Power to deviate
6. Subject to the provisions of this Order, in the construction or execution of the works the Group may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.
Subsidiary works
7. Subject to the provisions of this Order, the Group, for the purposes of or in connection with the works authorised by article 5 above, may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
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