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      SCOTTISH STATUTORY INSTRUMENTS


      2000 No. 289

      HARBOURS, DOCKS, PIERS AND FERRIES

      The Associated British Ports (Troon) Harbour Revision Order 2000

        Made 18th August 2000 
        Coming into force 21st August 2000 


      ARRANGEMENT OF ARTICLES


      PART I

      Preliminary
      1. Citation, commencement, and extent.
      2. Interpretation.
      3. Incorporation of the 1847 Act.

      PART II

      Works
      4. Power to carry out works.
      5. Power to carry out subsidiary works.
      6. Power to deviate.
      7. Power to dredge.
      8. Fine for obstructing works.
      9. Tidal works not to be executed without approval of the Scottish Ministers.
      10. Provision against the danger to navigation.
      11. Abatement of works abandoned or decayed.
      12. Survey of tidal works.
      13. Permanent lights on tidal works.
      14. Lights on tidal works during construction.
      15. Marking approaches.

      PART III

      Miscellaneous
      16. Works deemed to be within South Ayrshire.
      17. Limits of Troon Harbour.
      18. Crown rights.

      Whereas Associated British Ports has applied in writing for a harbourrevision order under section 14 of the Harbours Act 1964[
      1];

           And whereas it appeared to the Secretary of State for the Environment,Transport and the Regions in pursuance of paragraph A2 of Schedule 3 to thesaid Act[2], that the application is made in relation to aproject which falls within Annex II to Council Directive 85/337/EEC

      on the assessment of the effects of certain public and privateprojects on the environment and whose characteristics require that itshould be made subject to an environmental assessment;     And whereas the Secretary of State has directed the applicant toprovide the information referred to in Annex III to the Directive inaccordance with that paragraph;

           And whereas the Scottish Ministers[3] have complied withthe requirements of paragraph 3, 3A[4] and 4 of Schedule 3 tothe said Act;

           And whereas an objection to the application was made and not withdrawnand the Scottish Ministers caused an inquiry to be held with respectthereto in terms of paragraph 4 of Schedule 3 to the said Act;

           And whereas the Scottish Ministers are satisfied as required bysubsection (2)(b) of the said section 14:

           Now, therefore, the Scottish Ministers in exercise of the powersconferred upon them by section 14 of the said Act, and of all other powersenabling them in that behalf, hereby make the following Order:-



      Citation, commencement and extent
           1.  - (1) This Order may be cited as the Associated British Ports (Troon) HarbourRevision Order 2000 and shall come into force on 21st August 2000.

          (2) This Order extends to Scotland only.

      Interpretation
          
      2.  - (1) In this Order and subject to the provisions of article 3(2) of thisOrder, the words and expressions assigned meanings by Acts wholly or partlyincorporated within this Order shall have those meanings in this Order,and-

        "the 1847 Act" means the Harbours, Docks and Piers Clauses Act1847[5];

        "A.B. Ports" means Associated British Ports;

        "the deposited plan" and "the deposited sections" meanrespectively the plan and sections comprising a single sheet prepared induplicate, signed on behalf of the Scottish Ministers and marked "Planand sections referred to in the Associated British Ports (Troon) HarbourRevision Order 2000" one copy of which is deposited with the ScottishMinisters at the Scottish Executive, Victoria Quay, Edinburgh, EH6 6QQ andthe other with A.B. Ports, Port Office, Ayr, KA8 8AH;

        "the harbour master" means A.B. Ports' Harbour Master, at Ayr andTroon;

        "the level of high water" means the level of mean high water springs;

        "the limits of deviation" means the limits of deviation shown onthe deposited plan;

        "Troon Harbour" means the undertaking of A.B. Ports at its docksand harbour at Troon the area of which is described in Article 16 of, andSchedule 1 to, this Order;

        "tidal work" means so much of any of the works as is on, under orover tidal waters or tidal lands below the level of high water;

        "the undertaking" means the undertaking A.B. Ports as authorisedfrom time to time;

        "vessel" means every description of vessel, however propelled ormoved, and includes hovercraft, any floating manufactured article, anythingconstructed or used to carry persons or goods by water, and, except for thepurpose of levying rates, a seaplane on or in the water; and

        "the works" means the works authorised by this Order.

          (2) Unless the context otherwise requires, any reference in this Order to awork identified by the number of such work shall be construed as areference to the work of that number authorised by this Order.

          (3) All points, directions, distances and lengths as stated in anydescription of works shall be construed as if the words "orthereabouts" were inserted after each such part, direction, distance andlength point on the deposited plan.

      Incorporation of the 1847 Act
           3.  - (1) The 1847 Act, except sections 6 to 9, 11 to 13, 16 to 23, 49, 50, 77 to79, 80, 84 to 90, 94, 95, 97, 98, 99 and 100 so far as applicable for thepurposes of and not inconsistent with this Order, is incorporated with andforms part of this Order.

          (2) For the purposes of the 1847 Act, as so incorporated-

          (i) the expression "the special Act" means this Order;

          (ii) the expression "the harbour, dock, or pier" means the works;

          (iii) the expression "the harbour master" has the meaning given byarticle 2 above;

          (iv) for the meaning assigned to the word "vessel" by section 3 of the1847 Act there shall be substituted the definition of the word"vessel" contained in article 2(1) above; and

          (v) section 53 of the 1847 Act shall not be construed as requiring theharbour master to serve upon the master of a vessel a notice in writing ofhis directions but such directions may be given orally or otherwisecommunicated to such master:

               Provided that a notice which is not in writing shall not be deemed tobe sufficient unless it was not reasonably practicable to serve a writtennotice on the master of the vessel.



      PART II

      Works

      Power to carry out works
          
      4.  - (1) Subject to the provisions of this Order, A.B. Ports may, in the linesand situations shown on the deposited plan and within the limits ofdeviation and according to the levels shown on the deposited sections,carry out and maintain the following works on the sea bed adjoining theEast Pier in Troon Harbour:-

      Work No. 1
      A jetty head commencing by a connection with the East Pier at a point300 metres from the north western end of that pier, extending 50 metres ina northerly direction and then 20 metres in a north westerly direction andterminating in an adjustable shore ramp running parallel to the East Pierfor a distance of 40 metres supported at its landward end by the jetty headand at its seaward end by an associated supporting structure.

      Work No. 2
      A structure consisting of a row of dolphins and associated walkwaysrunning parallel to the East Pier for a distance of 110 metres in a northwesterly direction from a commencement point 20 metres from the seaward endof the adjustable shore ramp comprised in Work No. 1, and connected to theEast Pier by a walkway at a point 100 metres from the north western end ofthe East Pier.

      Work No. 3
      A piled protective structure adjoining the north western end of theEast Pier on its seaward side and connected to that pier by a walk 15metres in length.

          (2) Subject to the provisions of this Order A.B. Ports may, within thelimits of deviation, from time to time alter, enlarge, replace, relay,extend or reconstruct temporarily or permanently, the works.

          (3) The works shall for all purposes form part of the undertaking.

      Power to carry out subsidiary works
          
      5. Subject to the provisions of this Order A.B. Ports may from time totime within the limits of deviation erect, construct and maintain all suchworks, conveniences, appliances and apparatus as they from time to timedeem necessary or convenient for the purposes of or in connection with orincidental to, the construction and maintenance of the works or theaccommodation of vessels including any necessary alterations to the EastPier.

      Power to deviate
          
      6. In constructing Works Nos. 1, 2 and 3, A.B. Ports may deviate laterallyfrom the lines or situations shown on the deposited plan to the extent ofthe limits of deviation and may deviate vertically from the levels shown onthe deposited sections to any extent not exceeding three metres upwards andto such extent downwards as may be found necessary or convenient.

      Power to dredge
          
      7.  - (1) For the purposes of affording uninterrupted means of access to theworks and of enabling their use at all states of the tide, A.B. Ports mayfrom time to time deepen, dredge, scour, cleanse, alter and improve achannel within the area shaded grey on the deposited plan to a depth of sixmetres and may (subject to paragraphs (2) and (3) below) as it thinks fituse, appropriate or dispose of the materials from time to time taken up orcollected by it in the course of any such operations.

          (2) No materials referred to in this article shall-

        (a) be disposed of in contravention of any enactment relating to thedisposal of waste; or

        (b) be deposited below the level of high water except in such places and inaccordance with such conditions and restrictions as may be approved ordirected by the Scottish Ministers.

          (3) The power to use, appropriate or dispose of materials referred to inthis article shall not extend to wrecks (within the meaning of Part IX ofthe Merchant Shipping Act 1995[6]) found by A.B. Ports.

      Fine for obstructing works
           8. Any person who intentionally obstructs any person acting under theauthority of A.B. Ports in constructing the works or intentionally orrecklessly interferes with equipment or materials used in the constructionof the works shall be guilty of an offence and liable on summary convictionto a fine not exceeding level 3 on the standard scale.

      Tidal works not to be executed without approval of Scottish Ministers
          
      9.  - (1) A tidal work shall not be constructed, altered, enlarged, replaced,relaid, extended or reconstructed except in accordance with plans andsections approved by the Scottish Ministers and subject to any conditionsand restrictions imposed by the Scottish Ministers before the work is begunor while work is still in progress.

          (2) If a tidal work is constructed, altered, enlarged, replaced, relaid,extended or reconstructed in contravention of this article or of anycondition or restriction imposed under this article-

        (a) the Scottish Ministers may by notice in writing require A.B. Ports attheir own expense to remove the tidal work or any part thereof and restorethe site thereof to its former condition; and, if on the expiration of 30days from the date when the notice is served upon A.B. Ports it has failedto comply with the requirements of the notice, the Scottish Ministers mayexecute the works specified in the notice; or

        (b) if it appears to the Scottish Ministers urgently necessary so to do, hemay remove the tidal work or part of it and restore the site to its formercondition,

      and any expenditure incurred by the Scottish Ministers in so doingshall be recoverable from A.B. Ports.

      Provision against danger to navigation
          
      10.  - (1) In case of injury to, or destruction or decay of, a tidal work or anypart thereof, A.B. Ports shall as soon as reasonably practicable notify theCommissioners of Northern Lighthouses and shall lay down such buoys,exhibit such lights and take such other steps for preventing danger tonavigation as the Commissioners of Northern Lighthouses shall from time totime direct.

          (2) If without reasonable excuse A.B. Ports fails to notify theCommissioners of Northern Lighthouses as required by paragraph (1) above ofthis article or to comply in any respect with a direction given under thesaid paragraph it shall be guilty of an offence and liable on summaryconviction to a fine not exceeding the statutory maximum, or on convictionon indictment to a fine.

      Abatement of works abandoned or decayed
          
      11.  - (1) Where a tidal work is abandoned, or suffered to fall into decay, theScottish Minister may by notice in writing require A.B. Ports at its ownexpense either to repair and restore the work of any part thereof, or toremove the work and restore the site thereof to its former condition, tosuch an extent and within such limits as the Scottish Minister thinksproper.

          (2) Where a work consisting partly of a tidal work and partly of works onor over land above the level of high water is abandoned or suffered to fallinto decay and that part of the work on or over land above the level ofhigh water is in such condition as to interfere or to cause reasonableapprehension that it may interfere with the right of navigation or otherpublic rights over the foreshore, the Scottish Ministers may include thatpart of the work, or any portion thereof, in any notice under this article.

          (3) If, on the expiration of 30 days from the date when a notice under thisarticle is served upon A.B. Ports, it has failed to comply with therequirements of the notice, the Scottish Minister may execute the worksspecified in the notice and any expenditure incurred by the ScottishMinisters in so doing shall be recoverable from A.B. Ports.

      Survey of tidal works
          
      12. The Scottish Ministers may at any time, if they deem it expedient,order a survey and examination of a tidal work or of the site upon which itis proposed to construct the work, and any expenditure incurred by theScottish Ministers in any such survey and examination shall be recoverablefrom A.B. Ports.

      Permanent lights on tidal works
          
      13.  - (1) After the completion of a tidal work A.B. Ports shall at the outerextremity thereof exhibit every night from sunset to sunrise such lights,if any, and take such other steps for the prevention of danger tonavigation as the Commissioners of Northern Lighthouses shall from time totime direct.

          (2) If A.B. Ports fails to comply in any respect with a direction givenunder this article, it shall be guilty of an offence and liable on summaryconviction to a fine not exceeding the statutory maximum and on convictionon indictment to a fine; but it shall be a defence for A.B. Ports to provethat all due diligence was used to secure compliance with the direction.

      Lights on tidal works during construction
          
      14.  - (1) A.B. Ports shall at or near a tidal work during the whole time of theconstruction, alteration, enlargement, replacement, relaying or extensionthereof exhibit every night from sunset to sunrise such lights, if any, andtake such other steps for the prevention of danger to navigation as theCommissioners of Northern Lighthouses shall from time to time direct.

          (2) If A.B. Ports fails to comply in any respect with paragraph (1) itshall be guilty of an offence and liable on summary conviction to a finenot exceeding the statutory maximum and on conviction on indictment to afine; but it shall be a defence for A.B. Ports to prove that all duediligence was used to secure compliance with the direction.

      Marking approaches
          
      15.  - (1) A.B. Ports may, with the consent of the Commissioners of NorthernLighthouses, provide, place and erect in such places as it deems properlightships, lighthouses, buoys, beacons, guiding posts or signs for theguidance of vessels approaching or leaving the works.

          (2) A.B. Ports may maintain and repair any lightships, lighthouses, buoys,beacons, guiding posts or signs provided, placed or erected by it underthis article.



      PART III

      Miscellaneous

      Works deemed to be within South Ayrshire
          
      16. So much of any work constructed or placed pursuant to this Order as isnot within the area known as South Ayrshire[7] shall be deemedfor all purposes to be within that area.

      Limits of Troon Harbour
           17. The limits within which A.B. Ports shall exercise jurisdiction asharbour authority at Troon and in which the power of the harbour master maybe exercised shall be the area described in Schedule 1 to this Order.

      Crown rights
          
      18.  - (1) Nothing in this Order shall affect prejudicially any estate, right,power, privilege, authority or exemption of the Crown, and in particularnothing in this Order authorises A.B. Ports to take, use, enter upon or inany manner interfere with any land, hereditaments, or rights of whatsoeverdescription (including any part of the shore or bed of the sea)-

        (a) belonging to Her Majesty in right of Her Crown and under the managementof the Crown Estate Commissioners without the consent in writing of thoseCommissioners; or

        (b) belonging to a government department or held in trust for Her Majestyfor the purposes of a government department without the consent in writingof that government department.

          (2) A consent under paragraph (1) above may be given unconditionally orsubject to such conditions and upon such terms as may be considerednecessary or appropriate.


      SARAH BOYACK
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      18th August 2000



      SCHEDULE 1
      Article 17


      LIMITS OF TROON HARBOUR


      The area shown on the deposited plan within the line marked "SeawardLimit of Troon Harbour" together with any quays, docks, piers, jettiesand other works, lands, buildings, wharves and erections at Troon which arefor the time being vested in or occupied or administered by A.B. Ports.

      EXPLANATORY NOTE

      (This note is not part of the Order)

      This Order empowers Associated British Ports to construct and operate anew berth adjoining the existing East Pier at Troon and provides for theextension of the existing limits of the Harbour.

      The Order also gives Associated British Ports ancillary powers inrelation to the works (articles 8 to 14).

      The deposited plans and sections of the works, may be inspected duringworking hours at the Office of Associated British Ports, Port Office, Ayr,KA8 8AH.

      [1] 1964 c.40: section 14 was amended by the Transport Act1981 (c.56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14 and bythe Transport and Works Act 1992 (c.42), Schedule, paragraph 1.back

      [2] Schedule 3 as amended by the Transport Act 1981, section18 and Schedule 6, paragraphs 4(2) to (7) and (12) and by the Transport andWorks Act 1992, Schedule 3, paragraph 10. Paragraph A2 was inserted by theHarbour Works (Assessment of Environmental Effect) (Amendment) Regulations1996 (S.I. 1996/1946).back

      [3] The functions of the Secretary of State were transferredto the Scottish Ministers by virtue of section 53 of the Scotland Act 1998(c.46).back

      [4] Paragraph 3A was inserted by the Harbour Works (Assessmentof Environmental Effects) Regulations 1998 S.I. 1998/1336 and were extendedto Scotland by the Harbour Works (Assessment of Environmental Effects) 1992S.I. 1992/1421 and amended by S.I.1996/1946.back

      [5] 1847 c.27(10 & 11 vict.)back

      [6] 1995 c.21.back

      [7] See section 1 of and Part I of Schedule 1 to the LocalGovernment etc. (Scotland) Act 1994 (1994 c.39).back


      ISBN 0110594452


 



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Prepared 31 August 2000
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