The Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015

Made: 13th January 2015

Coming into force: 14th January 2015

In accordance with paragraph 19(2) of that Schedule[^f00009], the Scottish Ministers have decided to make this Order with modifications which do not appear to the Scottish Ministers substantially to affect the character of the Order.

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015 and comes into force on the day after the day on which it is made.

Interpretation

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• (1) In this Order—

• “1847 Act” means the Harbours, Docks and Piers Clauses Act 1847[^f00010];

• “1920 Act” means the Brodick Lamlash Lochranza and Whiting Bay Piers Order Confirmation Act 1920[^f00011];

• “1938 Act” means the Island of Arran Piers Order Confirmation Act 1938[^f00012];

• “1964 Act” means the Harbours Act 1964[^f00013];

• “1965 Act” means the Clyde Port Authority Order Confirmation Act 1965[^f00014] as amended by the Clyde Port Authority Order Confirmation Act 1969[^f00015];

• “CMAL” means Caledonian Maritime Assets Limited a company incorporated in Scotland with registered number SC1845;

• “deposited plans” means the plans, sections and elevations which are bound together and signed in duplicate with reference to this Order and marked “Caledonian Maritime Assets (Brodick) Harbour Revision Order 2015 plans, sections and elevations” and which are deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ, and at the registered office of CMAL; and a reference to a numbered sheet is a reference to that numbered sheet bound in the deposited plans, sections and elevations;

• “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act;

• “general direction” means a direction given by the harbour master under Section 52 of the 1847 Act;

• “government department” includes any part of, or any member of the staff of, the Scottish Administration which shall have the same meaning as in section 126(6) of the Scotland Act 1998[^f00016];

• “harbour” means Brodick Harbour as comprised within the harbour limits;

• “harbour limits” means the limits of the harbour as defined in article 4 (limits of harbour) of this Order;

• “harbour map” means the map referred to in article 4 of this Order, and forming Schedule 2 to this Order;

• “harbour master” means any person appointed as harbour master for the harbour by CMAL and includes that person’s deputies and assistants and any other person for the time being authorised by CMAL to act, either generally or for a specific purpose, in the capacity of harbour master for the harbour;

• “level of high water” means the level of mean high water springs;

• “limits of deviation” means the limits of deviation shown on the deposited plans, sections and elevations;

• “master” in relation to a vessel means any person for the time being having or taking the command, charge or management of the vessel;

• “mooring” includes buoys and other apparatus provided for the mooring of vessels;

• “sail board” means a raft with a sail or sails designed to be operated by a person or persons standing upright thereon;

• “special direction” means a direction given by the harbour master under article 35;

• “tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;

• “vessel” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and

• “works” means the works authorised by this Order, or as the case may require, any part of any of those works.

• (2) All areas, points, situations and other measurements stated in any plan or description of the works or lands shall be construed as if the words “or thereby” were inserted after each such area, point, situation and other measurement.

• (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 that number authorised by this Order.

Incorporation of the Harbours, Docks, and Piers Clauses Act 1847

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• (1) Sections 1 to 4, 27, 29, 33 to 35, 37 to 39, 42, 51 to 53, 55, 56 and 61 to 65 of the 1847 Act are incorporated with this Order subject to the modifications stated in paragraphs (2) to (4).

• (2) Section 53 (penalty on shipmasters not complying with directions of the harbour master) shall have effect subject to the substitution of “level 4” for “level 1”.

• (3) Section 62 (penalty for wilful cutting of moorings) shall have effect subject to the substitution of “level 3” for “level 1”.

• (4) Section 63 (penalty on vessels lying near the entrance of harbour or dock without permission) shall have effect subject to the modification that for the words from “be liable to” to the end of the section there are substituted the words “be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale”.

• (5) Section 65 (harbour master may remove vessel for purpose of repairing harbour or dock if the master neglects or refuses to do so) shall have effect subject to the omission of the words from “Provided always” to the end of the section.

• (6) In construing the provisions of the 1847 Act, as incorporated with this Order—

• (a) the expression “the special Act” means this Order, the expression “the undertakers” means CMAL and the expression “the harbour, dock or pier” means the harbour; and

• (b) for the definition of the word “vessel” in section 3 (interpretations in this and the special Act) there shall be substituted the definition of that word in article 2 (interpretation).

PART 2 — LIMITS OF JURISDICTION

Limits of harbour

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• (1) The limits of the harbour within which CMAL shall exercise jurisdiction as the harbour authority and within which the powers of the harbour master shall be exercisable shall be the area the boundaries of which are described in Schedule 1 to this Order and shown on the harbour map.

• (2) In Schedule 1 to this Order, a reference to—

• (a) a direction shall be construed as if the words “or thereabouts” were inserted after that direction; and

• (b) a point is a reference to that point as shown on the harbour map and to the eastings and northings of that point which are stated in the table in Schedule 1 to this Order.

• (3) The area described in Schedule 1 to this Order is shown on the harbour map and, in the event that there is any discrepancy between the boundaries of that area as described in Schedule 1 to this Order and the boundaries shown on the harbour map, the harbour map shall prevail.

• (4) At Section 14(2) of the 1965 Act between “the area” and “within the jurisdiction”, insert “forming the harbour limits as defined in The Caledonian Maritime Assets (Brodick) Harbour Order 2015”, or

PART 3 — WORKS PROVISIONS

Power to construct works

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• (1) CMAL may in the lines and situations, upon the lands delineated and within the limits of deviation and according to the levels shown on the deposited plans construct and maintain the following works—

• Work No. 1 - an open piled jetty structure connecting to Work No. 2 and shown on Sheets Nos. 2 and 3 of the deposited plans, forming the berthing and mooring line, and incorporating a fixed and adjustable passenger access gangway extending from Work No. 4 and extending through Work No. 2;

• Work No. 2 – the reclamation and infilling of an area of the bed of Brodick Bay and the levelling of that area together with the levelling of the adjoining land and providing access to Works Nos. 1 and 3 and for the marshalling and parking of vehicles and for the site of Works Nos. 4, 5 and 6: to be retained on the seaward limits in part by rock armoured revertments and, as to the remainder, by a solid faced quay wall and shown on Sheets Nos. 2 and 3 of the deposited plans;

• Work No. 3 - a mechanically operated single deck linkspan, providing access to and from vessels, extending from the reclaimed area comprising Work No. 2 including supporting piled bankseat and lifting frames with supporting dolphin structures and shown on Sheets Nos. 2 and 3 of the deposited plans;

• Work No. 4 – a two storey terminal building to be constructed over reclaimed land forming part of Work No. 2 being the building shown on Sheets Nos. 2, 4 and 5 of the deposited plans; to be used for passenger and baggage handling, sales areas, management offices, staff welfare facilities and stores areas;

• Work No. 5 – a single storey split level building being the building shown on Sheets Nos. 2 and 6 of the deposited plans; to be used as ticketing and check-in facilities for passenger and freight vehicles;

• Work No. 6 – a water storage tank and pump house building shown on Sheets Nos. 2 and 3 of the deposited plans; to be used for ship supply;

• Work No. 7 – lighting columns not exceeding 15 metres in height; and

• Work No. 8 – demolition of existing pier and other structures shown hatched black on Sheet No. 2 of the deposited plans.

• (2) CMAL may, for the purposes of the works authorised by paragraph (1), remove any vegetation or other objects or materials and demolish and remove any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of the sea and of the foreshore as lies within the limits of deviation and may use and hold the same as part of the harbour undertaking.

• (3) CMAL may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works authorised by paragraph (1) and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.

Power to deviate

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In carrying out the works authorised by article 5 (power to construct works), CMAL may deviate laterally from the lines or situations as shown on the deposited plans, sections and elevations to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works as shown on the deposited plans, sections and elevations to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.

Subsidiary works

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• (1) CMAL may from time to time within the limits of deviation construct, maintain, operate and improve, whether temporarily or permanently, such other works as may be necessary or convenient for the purposes, or in connection with or in consequence, of the construction, maintenance, improvements or use of the works or the harbour; including works for the accommodation or convenience of vessels or for the loading and unloading of goods and the embarking and landing of passengers.

• (2) Without prejudice to paragraph (1), CMAL may within the works site provide, construct, maintain and use such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance and use of the works, including:—

• (a) works for the accommodation or convenience of vessels (including but not limited to navigation, signals, marks and lights, berthing heads, mooring posts, ladders, buoys, bollards, dolphins, fenders, rubbing strips and fender panels, fender units and pontoons);

• (b) CCTV cameras and security installations; hydrants and drains; paving and surfacing; together with waste water treatment facilities; and a refuelling point with double skinned tank or tanks for storage of diesel and other fuel for the purposes of the operation of the harbour undertaking;

• (c) works to alter the position of apparatus, including mains, sewers, drains, pipes, pipelines, conduits, cables, electrical sub-stations and electrical lines; and

• (d) landscaping, habitat creation and other works to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works.

Reclamation of land

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• (1) Subject to the provisions of this Order, CMAL may, within the harbour fill up, raise, enclose and reclaim land from the sea and the bed and foreshore of the harbour and for that purpose may place such piles and construct such groynes, retaining walls and other works in and upon the seabed and foreshore as CMAL deems necessary.

• (2) CMAL shall not exercise the powers conferred by paragraph (1) in relation to any land not owned by them unless it first obtains the consent in writing of the owner thereof.

Power to dredge

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• (1) CMAL may from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the sea as lie within the harbour limits and within the approaches and the channels leading to those limits and may blast any rock in the area so described as may be required for the purpose of forming or maintaining the works or any existing berthing pocket, turning area, channel within or approach or channel leading to the harbour limits, to enable uninterrupted means of access to the harbour by vessels and enabling the use of harbour at all states of the tide.

• (2) The power to dredge described in paragraph (1) includes the power to carry out such additional dredging as may be required to provide side slopes or otherwise secure the dredged areas against siltation, scouring or collapse.

• (3) Any materials dredged, taken or collected by CMAL in the exercise of the powers of this article (other than wreck within the meaning of Part 9 of the Merchant Shipping Act 1995) shall be the property of CMAL and may be used, sold, deposited or otherwise disposed of as CMAL thinks fit.

• (4) No such materials shall be laid down or deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Scottish Ministers.

Obstruction of works

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Any person who—

• (a) intentionally obstructs any person acting under the authority of CMAL in setting out the lines of or in constructing the works; or

• (b) without reasonable excuse interferes with, 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 and shall in addition be liable to repay to CMAL as a debt any expenses incurred by it in making good any damage resulting from such obstruction, moving or removal.

Works to be deemed part of undertaking

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

Tidal works not to be executed without approval of the Scottish Ministers

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• (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 CMAL at its own expense to remove the tidal work or any part of it and restore the site of the tidal work to its former condition; and if on the expiration of 30 days from the date when the notice is served upon CMAL 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 CMAL as a debt.

• (3) Paragraph (1) shall not apply to any work authorised by paragraphs (1) and (2) of article 5 (power to construct works) and any related works authorised by article 7 (subsidiary works).

Survey of tidal works

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

Provision against danger to navigation

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• (1) In the case of injury to or destruction or decay of a tidal work or any part of it, CMAL shall as soon as reasonably practicable 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 CMAL 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 and on conviction on indictment to a fine.

Abatement of works abandoned or decayed

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• (1) Where a tidal work is abandoned or has fallen into decay, the Scottish Ministers may by notice in writing require CMAL 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 of the tidal work to its former condition, to such an extent and within such limits as the Scottish Ministers think proper.