Statutory Instruments of the Scottish Parliament

"Act of 1841" means the Act passed in the fourth and fifth years of the reign of Her Late Majesty Queen Victoria intituled "An Act for making and maintaining a Harbour at Scrabster Roads in the Bay of Thurso and County of Caithness, and Road thereto"[7];

"area of works" means the area within the limits of deviation, or any part of that area;

"deposited plan and sections" means the plan and sections prepared in duplicate and signed by a member of the Scottish Executive and marked "Plan and sections referred to in the Scrabster (Inner Harbour Development) Harbour Revision Order 2000" of which one is deposited with the Rural Affairs Department at Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY and the other at the harbour office of the Trust;

"enactment" means any Act, whether general, local or personal and any order other than (including this Order) or other instrument made thereunder and any provision in any such Act, order or instrument and includes Acts of the Scottish Parliament and any order or instrument made thereunder;

"government department" includes any part of, or any member of the staff of the Scottish Administration which shall have the meaning defined in section 126 of the Scotland Act 1998[8];

"harbour" means the harbour of Scrabster as authorised by the Act of 1841, the Scrabster Harbour Order 1897[9] and the Scrabster Harbour Order 1989[10] together with the lands, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;

"harbour undertaking" means the undertaking of the Trustees in connection with the harbour;

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

"level of low water" means the level of mean low-water springs;

"limits of deviation" means the limits of deviation shown on the deposited plan and sections;

"tidal work" means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;

"Trust" means Scrabster Harbour Trust as constituted and incorporated by the Act of 1841;

"Trustees" means the Trustees for the time being of the Trust;

"works" means the works authorised by article 3 (power to carry out works) of this Order or, as the case may require, any part thereof.

    (2) All areas, directions, distances, lengths and widths as stated in any description of works, powers or lands other than article 4 (power to deviate) of this Order shall be construed as if the words "or thereabouts" were inserted after each such area, direction, distance, length and width and any reference in a description of works to a point shall be a reference to that point on the deposited plan.

    (3) Any reference in this Order to a work identified by the number of such work, shall be construed as a reference to the work of the same number authorised by article 3 of his Order.

(a) in contravention of the provisions of any enactment as respects the disposal of waste; or

(b) in any place below the level of high water other than in such position and under such conditions and restrictions as may be approved or directed by the Scottish Ministers.

Obstructing works
     7. Any person who intentionally obstructs any person acting under the authority of the Trust in setting out the lines of or in constructing the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Works to be deemed part of harbour undertaking
     8. The works shall be deemed for all purposes to be part of the harbour undertaking and all byelaws, rules and regulations of the Trust for the time being in force relating to the harbour undertaking shall apply to the works and may be enforced by the Trust accordingly.

Tidal works not to be executed without approval of Scottish Ministers
     9.  - (1) A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Scottish Ministers and subject to any conditions and restrictions imposed by the Scottish Ministers before the work is begun or while work is still in progress.

    (2) If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article-

(a) the Scottish Ministers may by notice in writing require the Trust at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Trust it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice; or

(b) if it appears to the Scottish Ministers urgently necessary to do so, they may themselves remove the tidal work or part of it and restore the site to its former condition,

and any expenditure incurred by the Scottish Ministers in so doing shall be recoverable from the Trust as a debt.

Survey of tidal works
     10. The Scottish Ministers may at any time, if they deem it expedient, order a survey and examination of a tidal work or of a site upon which it is proposed to construct the work and any expenditure incurred by them in such a survey and examination shall be recoverable from the Trust as a debt.

Provision against danger to navigation
     11.  - (1) In case of injury to or destruction or decay of a tidal work or any part thereof, the Trust shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

    (2) If the Trust fails to comply in any respect with the provisions of this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

Abatement of works abandoned or decayed
     12.  - (1) Where a tidal work is abandoned, or suffered to fall into decay, the Scottish Ministers may by notice in writing require the Trust at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site to its former condition, to such an extent and within such limits as the Scottish Ministers think proper.

    (2) Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Scottish Ministers may include that part of the work or any portion of it, in any notice under this article.

    (3) If, on the expiration of 30 days from the date when a notice under this article is served upon the Trust it has failed to comply with the requirements of the notice, the Scottish Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing shall be recoverable from the Trust as a debt.

    (4) A notice or other document required to be served under this article may be served by first class post and that notice shall be deemed served the next day after the date of posting.

Lights on tidal works during construction
     13.  - (1) During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

    (2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

Permanent lights on works
     14.  - (1) After the completion of a tidal work the Trust shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.

    (2) If the Trust fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

Period for completion of works
     15. If the works are not completed within 10 years from the coming into force of this Order, the powers granted by this Order to the Trust for constructing the works shall cease except as to so much thereof as is then substantially commenced.

     2. Section XI (Trustees to appoint officers. Books and Accounts to be kept.) shall have effect as if the words "or before the First day of May" were omitted and replaced by the words "within seven months of the end of the Accounting Reference Period of the Trust which Period shall run from the 1st April to the 31st March in each year unless the Management Committee (whom failing the Trustees) shall otherwise decide".

     3. Section XII (Accounts to be audited annually) shall have effect as if the words "First day of May" were omitted and replaced by the words "the end of the Accounting Reference Period of the Trust".

     4. Section XIII (Trustees to make out annually an Account of their Receipts and Expenditure, and transmit a Copy thereof to the Sheriff Clerk of the County.) shall have effect as if the words "on or before the Thirty-first Day of January in each Year" were omitted and replaced by the words "within twenty-eight days of the Auditor having reported the said Account to the Annual General Meeting".

     5. Section XIV (An Auditor to be appointed) shall have effect as if the words "Some Time during the Month of April in each and every Year thereafter" shall be omitted and replaced by the words "at the Annual General Meeting".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order empowers the Trustees of Scrabster Harbour Trust to build new quay wall structures over sides of the Inner Basin and to reclaim land to the south and south-south-west of the existing fishery harbour facility with dredged material (articles 3, 4, 5 and 6).

The Order also gives the Trust ancillary powers in relation to the works (articles 7 to 14).

The Order amends certain provisions of the Act of 1841 (articles 16 and 17 and the schedule to the Order).

[1] 1964 c. 40; section 14 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 2 to 4 and 14, and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1.back

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

[3] Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraphs 4(2) to (3) and (12) and by the Transport and Works Act 1992, Schedule 3, paragraph 10. Paragraph A2 was inserted by the Harbour Works (Assessment of Environmental Effects) Amendment Regulations 1996 (S.I. 1996/1946).back

[4] O.J. No. L175, 5.7.85, p.40.back

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

[6] The Scottish Ministers are the "appropriate Minister" under section 14(7) of the Harbours Act 1964 (c.46).back

[7] 1841.c.1.back

[8] 1998 c.46.back

[9] 1897 c. lxxx.back

[10] 1989 c. v.back

[11] 1995 c. 21back

ISBN 0 11 059261 1