The Montrose Harbour Revision Order 2026

• (1) The 1991 Order is amended as follows.

• (2) In article 9 (restriction of works and dredging)—

• (a) in paragraph (3) after sub-paragraph (b) insert—

(c) any operations or works authorised by a moorings consent granted under article 11 of the Montrose Harbour Revision Order 2026.

, and

• (b) in paragraph (4) for “level 3” substitute “level 4”.

• (3) In article 11 (licensing of works) for paragraph (7) substitute—

(7) As a condition of the granting of a licence, the Authority may require a licensee, being an applicant to whom a licence has been granted or the applicant’s successor, where works are constructed pursuant to the licence, to pay such reasonable fees in respect of the Authority’s administrative expenses and overheads in supervising or inspecting where necessary the construction or maintenance of the works.

• (4) In article 12(4) for “Part IX of the Merchant Shipping Act 1894” substitute “Part 9 of the Merchant Shipping Act 1995”.

• (5) In article 15 (power to acquire and dispose of business or shares) in paragraph (2) omit sub-paragraph (c).

Amendment of the 2003 Order

53

• (1) The 2003 Order is amended as follows.

• (2) In Schedule 2 (incidental provisions relating to Authority) in paragraph 9 (meetings of Authority)—

• (a) for sub-paragraph (2) substitute—

(2) The Authority shall meet at least nine times per annum with no more than one meeting occurring in any calendar month.

, and

• (b) after sub-paragraph (2) insert—

(3) In addition to the meetings held in accordance with sub-paragraph (2), the Authority may hold such additional meetings as it considers necessary.

Repeals and revocations

54

On the date of this Order the enactments mentioned in the first and second columns of the Schedule to this Order shall be revoked or repealed (as appropriate) to the extent specified in the third column of that Schedule.

SCHEDULE — Repeals and revocations

Signed

CHRIS WILCOCK — A member of the staff of the Scottish Ministers — 23rd September 2026

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, made on the application of the Montrose Port Authority, modernises and consolidates the statutory harbour powers applying in relation to Montrose Port.

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 sections 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 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 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).

[^f00004]: Paragraph 19(1) of schedule 3 was substituted by S.I. 2017/1070.

[^f00005]: Paragraph 19(6)(b) of schedule 3 was substituted by S.I. 2017/1070.

[^f00006]: 1847 c. 27.

[^f00007]: 1964 c. 40.

[^f00008]: 1966 c. 28; section 37(3) was repealed by the Transport and Works Act 1992 (c. 42), Schedule 4 (Part II).

[^f00009]: 1978 c. 3.

[^f00010]: 1987 c.21.

[^f00011]: 1995 c. 21.

[^f00012]: See 57 & 58 Vict. Ch. cxiii.

[^f00013]: S.I. 1975/348.

[^f00014]: S.I. 1991/1745.

[^f00015]: S.S.I. 2003/258.

[^f00016]: Schedule 8 was amended by section 55 of the Scotland Act 2016 c. 11.

[^f00017]: “operational land” is defined in section 215 to which there are amendments not relevant to this Order, which section is subject to section 216.

[^f00018]: 1968 c. 59.

[^f00019]: 1907 c. 53.

[^f00020]: S.I. 2002/2742.

[^f00021]: 1978 c. 30.