The Ardrossan Harbour Revision Order 2020

Made: 1st October 2020

Coming into force: 2nd October 2020

In accordance with paragraph 19(6) of that schedule, Ministers have decided to make this Order in the form of the draft submitted to them.

Citation and commencement

1

This Order may be cited as the Ardrossan Harbour Revision Order 2020 and comes into force on the day after the day on which it is made.

Interpretation

2

In this Order—

• “the 1864 Act” means The Ardrossan Harbour Consolidation Act 1864[^f00004],

• “the Company” means Ardrossan Harbour Company Limited, a company originally incorporated by the Ardrossan Harbour (Sale and Transfer) Act 1886[^f00005], thereafter registered as a limited company and now registered as such in Scotland under the Companies Acts (registered company number SC045455) having its registered office at 16 Robertson Street, Glasgow, G2 8DS.

Power to grant a lease

3

• (1) The Company may at any time lease or grant for the purposes of the harbour the use or occupation of, or any right or interest in, over or relating to, any lands, works, buildings, equipment or other property forming part of the harbour for such period or periods and on such terms and conditions as may be agreed between the Company and the persons taking the same.

• (2) Any such lease or grant shall be subject to any existing public rights of way affecting the subject area of such lease or grant.

• (3) Any arrangements made under paragraph (1) are, and in their terms must be expressly declared to be, entirely without prejudice to the functions and statutory duties of the Company.

Repeal

4

The enactments mentioned in the first and second columns of the schedule are repealed to the extent specified in the third column of that schedule.

SCHEDULE — REPEALS

Signed

KARL ZACZEK — A member of the staff of the Scottish Ministers — 1st October 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order updates the existing legislation for Ardrossan harbour in line with the current needs of the Ardrossan Harbour Company Limited from the date it comes into force. This Order also gives the Ardrossan Harbour Company Limited the power to grant leases over the harbour.

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 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). Schedule 3 is also amended by S.I. 2017/1070, schedule 1, paragraph 8.

[^f00004]: 1864 c.ccviii.

[^f00005]: 1886 c.xxxiv.