UK Offence Report

The Caledonian Maritime Assets (Port Ellen) Harbour Revision Order 2011

Scottish Statutory Instrument 2011 No. 283 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
27 June 2011
In force from
28 June 2011
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 Caledonian Maritime Assets Limited (“CMAL”), empowers CMAL to construct, maintain and operate in Loch Leodamais and on adjacent land at Port Ellen in Argyll and Bute, harbour works and harbour related facilities. Article 2 makes provision as to interpretation. Article3 authorises CMAL to construct works. The main works to be carried out to improve the harbour are at paragraphs(1) and (2). Paragraph(3) makes provision for future works. Article4 provides for the limits of deviation for the works and article5 authorises subsidiary works required in connection with the works under article3 or the harbour. Article6 authorises CMAL to dredge the harbour and the approaches to it. Article7 creates an offence of obstructing the works. Articles8 to 13 make provision for the control and regulation of tidal works. Article14 makes provision as to the time limit for completing the works under article3(1) and (2). Article15 provides for land within the harbour 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 Argyll and Bute Council if it otherwise would not do so. Article 16 amends provisions in the Act passed in 1846 for improving and maintaining the harbour of Port Ellen in the County of Argyll relating to directions to be given by the harbour master for the removal of vessels, increasing the penalty for failing to comply with a direction of the harbour master and providing that the responsibility of a master of a vessel is not diminished notwithstanding a direction of the harbour master. Article17 provides CMAL with a defence of due diligence against the commission of offences under the Order. Articles18 to 20 make saving provisions, including making clear that in carrying out any works or operations pursuant to this Order CMAL must obtain any other consent required for those works or operations under the terms of any other enactment. 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 given by the Scottish Ministers under article 14 allowing an extension to the period for the completion of the works may also be inspected, free of charge, at the offices of CMAL at Municipal Buildings, Fore Street, Port Glasgow PA145EQ between 10.00 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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