UK Offence Report

The Loch Ryan Port (Harbour Empowerment) Order 2009

Scottish Statutory Instrument 2010 No. 31 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
14 December 2009
In force from
4 February 2010
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
2003/35/EC, 85/337/EEC, 97/11/EC, Harbours Act 1964

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order, made following an application by StenaLine Ports (LochRyan) Limited (“the Company”), empowers the Company to construct, maintain and operate in LochRyan and on adjacent land at OldHousePoint in Dumfries and Galloway, a port and port related facilities to be known as LochRyan Port. Part1 makes preliminary provision including provision as to interpretation (article2), and the incorporation, with modifications, of provisions in the Harbours, Docks, and Piers Clauses Act1847 (article 3). Part2 makes provision as to works. Article4 authorises the Company to construct works. The main works to be carried out to construct the port are at paragraphs(1) and (2). Paragraph(3) makes provision for future works. Article5 provides for the limits of deviation for the works and article6 authorises subsidiary works required in connection with the works under article4 or the port. Article7 authorises the Company to dredge the harbour and the approaches to it. Article8 creates an offence of obstructing the works. Articles9 to 14 make provision for the control and regulation of tidal works. Article15 makes provision as to the time limit for completing the works under article4(1) and (2). Article16 provides for land within the port limits (some of which will have been reclaimed from the foreshore and seabed below high water) to be deemed to be operational land for the purposes of the Town and Country Planning (Scotland) Act1997 and to lie within the area of Dumfries and Galloway Council if it otherwise would not do so. Part3 makes provision as to port regulation. Article17 identifies the limits of the port. Article18 enables the Company to control moorings and article19 empowers the Company to make byelaws subject to those being confirmed by the Scottish Ministers under article20. Article21 empowers the Company to issue general directions to vessels which require to be published under article22. Article23 enables the harbour master to issue special directions to vessels. Article24 provides that the responsibilities of the master of a vessel are not affected by the giving of any directions and articles25 and 26 provide for the enforcement of directions. Article27 authorises the Company to levy charges and to provide exemptions from or compound charges. Part4 makes miscellaneous and general provision. Article28 makes provision as to leases at the port and article29 provides the Company with a defence of due diligence against the commission of offences under the Order. Articles30 to 32 make saving provision, including making clear that in carrying out any works or operations pursuant to this Order the Company must obtain any other consent required for those works or operations under the terms of any other enactment. Article33 makes provision as to compliance by the Company with commitments given in the Environmental Statement accompanying its application for the Order. Copies of the Environmental Statement for the project and the Addendum Report, the deposited plans, sections and elevations and any consent by the Scottish Ministers under article 15 allowing an extension to the period for the completion of the works may be inspected, free of charge, at the offices of the Scottish Ministers at Victoria Quay, Edinburgh, EH6 6QQ between 09.00 and 16.30 (Monday to Friday, excluding public holidays). The deposited plans, sections and elevations and, for a period of one month after notice of any extension is published in a local newspaper, any consent by the Scottish Ministers under article 15 allowing an extension to the period for the completion of the works may also be inspected, free of charge, at the offices of the Company at the Port between 09.00 and 16.00 (Monday to Friday, excluding public holidays).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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