The Port of Cairnryan Harbour Revision Order 2012

Made: 13th December 2012

Coming into force: 14th December 2012

In accordance with paragraph 19(2) of that Schedule[^f00014], Ministers have decided to make this Order in the form of the draft submitted to them.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Port of Cairnryan Harbour Revision Order 2012 and comes into force on the day after the day on which it is made.

• (2) This Order and the Port of Cairnryan Harbour Empowerment Order 2007[^f00015] may be cited together as the Port of Cairnryan Orders 2007 to 2012.

• (3) In this Order, “the 2007 Order” means The Port of Cairnryan Harbour Empowerment Order 2007.

Amendment of the 2007 Order

2

• (1) In the definition of “deposited plans”, “deposited sections” and “deposited elevations” in Article 2(1) of the 2007 Order for “this Order” substitute “The Port of Cairnryan Harbour Revision Order 2012”.

• (2) In Article 2(2) of the 2007 Order for “thereabouts” substitute “thereby”.

• (3) Article 4 of the 2007 Order is amended as follows:

• (a) for paragraph (1) substitute—

(1) Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections and deposited elevations, construct and maintain in the district of Dumfries & Galloway the works hereinafter described, with all necessary works and conveniences connected therewith— - Work No. 1 – A rock armoured revetment with steel piling for parts of its length extending into Loch Ryan and enclosing an area of 14,100sqm/1.41ha of the bed of Loch Ryan and incorporating part of an existing revetment and shown on sheet number 2 on the deposited plans; and the enclosed area to be used for access to the double-deck linkspan comprising Work No. 2 and as hard standing for marshalling and parking vehicles. - Work No. 2 – A double-deck linkspan adjustable in level at its seaward end including foundation structures on driven piles and a sloped approach with associated piled foundations and shown on sheet number 2 and sheet number 3 on the deposited plans. - Work No. 3 – A row of fender support structures running approximately north-south and situated to the west of existing Berth 1 as shown on sheet number 2 on the deposited plans; the support structures inter-connected and connected to the existing Berth 1 quay wall by a series of pedestrian walkways. - Work No. 4 – Security fences having a height not exceeding 3.5 metres to be constructed along the lines shown on sheet number 2 on the deposited plans. - Work No. 5 – A two storey building shown on sheet number 4 on the deposited plans; to be used as a workshop with accommodation for maintenance staff and offices.

; and

• (b) omit paragraph (4).

• (4) In Article 5(2) of the 2007 Order for “13” substitute “4”.

• (5) In Article 7(1) of the 2007 Order for “5” substitute “2”.

• (6) In Article 16(1) of the 2007 Order for “coming into force of this Order” substitute “coming into force of the Port of Cairnryan Harbour Revision Order 2012”.

• (7) In Article 18(2) of the 2007 Order for “sheet 13” substitute “sheet number 5”.

• (8) For the Schedule to the 2007 Order substitute the Schedule to this Order.

SCHEDULE

PART 1 — Environmental Statement

In constructing the works, the Company shall act in accordance with the commitments given in the Environmental Statement being the Environmental Statement dated June 2012 together with the Non-technical Summary and Appendices 1-15 thereto which were submitted with the application made for this Order to the Scottish Ministers.

PART 2 — Restrictions as to dredging

The Company shall not carry out any dredging for the purposes of the construction of Works Nos.1 to 3 in any year during the period commencing 7th June and ending 17th August or such other period as may be agreed in writing between the Company and the Scottish Environmental Protection Agency.

PART 3 — Vehicular Access

During the construction of Works Nos. 1 to 5, the Company shall, subject to obtaining any consent which may be required to be given by the roads authority pursuant to section 56 of the Roads (Scotland) Act 1984[^f00016], secure that a temporary access from the A77 trunk road to the site of those works is provided and located within the vicinity of the area marked in red on sheet number 2 on the deposited plans.

PART 4 — General

Nothing in this Schedule shall exempt the Company from fulfilling any requirement imposed on the Company by any rule of law or which arises from any commitment which is binding on the Company.

Signed

JOHN NICHOLLS — A member of the staff of the Scottish Ministers — 13th December 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order empowers Port of Cairnryan Limited to construct and maintain amended works and port facilities to those authorised by the Port of Cairnryan Harbour Empowerment Order 2007.

Footnotes

[^f00001]: 1964 c.40; Section 14 was relevantly amended by the Transport Act 1981 (c.56), Schedule 6, paragraphs 2, 3, 4(1) and 14 and Schedule 12 and the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 1. See section 14(7) and 57(1) of the Harbours Act 1964 for the definitions of “the appropriate Minister” and “the Minister”. The functions of the Minister of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 9.

[^f00003]: Paragraph 4 of Schedule 3 was substituted by S.I. 1999/3445.

[^f00004]: O.J. L 175, 5.7.1985 p.40.

[^f00005]: O.J. L 73, 14.3.1997 p.5.

[^f00006]: O.J. L 156, 25.6.2003 p.17.

[^f00007]: Paragraph 6 of Schedule 3 was substituted by S.I. 1999/3445.

[^f00008]: Paragraph 8 of Schedule 3 was substituted by S.I. 1999/3445.

[^f00009]: Paragraph 9 of Schedule 3 was substituted by S.I. 1999/3445.

[^f00010]: Paragraph 10 of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(b) and (c).

[^f00011]: Paragraph 15 of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(e).

[^f00012]: Paragraph 17 of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(g).

[^f00013]: Paragraph 19(1) of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport (Scotland) Act 2005 (asp12), section 46 and the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(i).

[^f00014]: Paragraph 19(2) of Schedule 3 was substituted by S.I. 1999/3445.

[^f00015]: S.S.I. 2007/308.

[^f00016]: 1984 c.54.