The Caledonian Maritime Assets (Lochaline Ferry Services Slipway) Harbour Empowerment Order 2013

Scottish Statutory Instrument 2013 No. 46 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 12 February 2013
In force from: 13 February 2013
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: 85/337/EEC, Directive 2003/35/EC, Directive 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 maintain and operate at Lochaline in the Highland Region the harbour and harbour related facilities. Article 2 makes provision as to interpretation. Article 3 incorporates, with modifications, certain provisions of the Harbours, Docks, and Piers Clauses Act 1847. Article 4 empowers CMAL to maintain and operate the works in the harbour and, within the harbour limits, to reconstruct, replace and relay the works. Article 5 to 10 make provision for the control and regulation of tidal works. Article 11 empowers CMAL to regulate, manage, mark and light the harbour and provide accommodation and harbour facilities. Article 12 identifies the harbour limits. Article 13 authorises CMAL to dredge the harbour and the approaches to it. Article 14 empowers CMAL to make byelaws subject to those being confirmed by the Scottish Ministers under article 15. Article 16 enables the harbour master to issue special directions to vessels. Article 17 provides that the responsibilities of the master of a vessel are not affected by the giving of special directions and articles 18 and 19 provide for the enforcement of directions. Article 20 provides CMAL with a defence of due diligence against the commission of offences under the Order. Articles 21 to 23 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.

Offences created by this instrument

Failure to comply with directions article 18 · Status not determined · Strict liability
Incorporation of the Harbours, Docks, and Piers Clauses Act 1847 article 3(2) · Status not determined · Strict liability
Provision against danger to navigation article 7(2) · Status not determined · Strict liability
Lights on tidal works during construction article 9(2) · Status not determined · Strict liability

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.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2013