The Port of Cairnryan Harbour Empowerment Order 2007

Scottish Statutory Instruments

2007 No. 308

HARBOURS, DOCKS, PIERS AND FERRIES

The Port of Cairnryan Harbour Empowerment Order 2007

Made

25th May 2007

Coming into force in accordance with Article 1

Whereas the Port of Cairnryan Limited have applied for a harbour empowerment order under section 16 of the Harbours Act 1964(1);

And whereas the Scottish Ministers(2) having, in pursuance of paragraph 4 of Schedule 3 to the said Act(3), determined that the application is made in relation to a project which falls within Annex II to Council Directive 85/337/EEC(4) on the assessment of the effects of certain public and private projects on the environment and whose characteristics require that it should be made subject to an environmental assessment, has directed the applicant to supply him with the information referred to in Annex IV to the Directive;

And whereas the Scottish Ministers have in accordance with paragraph 15 of the said Schedule, furnished bodies appearing to them to have environmental responsibilities with the information supplied to them under paragraph 8 of that Schedule and have consulted such bodies;

And whereas the Scottish Ministers have considered the information supplied under the said paragraph 4 of Schedule 3, the objections made and not withdrawn and the report of the person holding the inquiry and are satisfied as mentioned in section 14(2)(b) of the said Act;

Now, therefore, the Scottish Ministers in exercise of the powers conferred by section 16 of the said Act, and of all other powers enabling them in that behalf, hereby make the following Order:–

(1)

1964 c. 40; section 16 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2, 3, 4(1) and 14, and by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 2.

(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).

(3)

Schedule 3 was substituted by S.I. 1999/3445 as amended by S.I. 2000/2391; paragraph 18 was amended by the Transport (Scotland) Act 2005 (asp 12), section 46.

(4)

O.J. No. L 175, 5.7.85, p.40; Council Directive 85/337/EEC was amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5).