The Lerwick Harbour Revision Order 2010

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order, made following an application by Lerwick Port Authority (the “Authority”) authorises the Authority to extend the existing Greenhead south quay to reclaim land at Point of Scattland, to construct a new quay at Mairs Yard and to extend the existing north Holmsgarth jetty all situated within the harbour being the Port and Harbour of Lerwick.

Part I makes preliminary provision including provision as to interpretation (Article 2), and the citation, commencement and extent of the Order.

Part II makes provision as to works.

Article 3 authorises the Authority to construct works. The main works to be carried out are described in the Article.

Article 4 gives the Authority power to renew, etc , the works subject to the provisions of the Order.

Article 5 provides the limits of deviation for the works and Article 6 authorises subsidiary works as may be necessary or convenient for or in connection with the works authorised under Article 3.

Article 7 makes provision for fines for obstructing works, etc.

Articles 8 to 13 make provision for the control and regulation of tidal works.

Article 14 makes provision as to the time limit for completing the works under Article 3.

Part III makes miscellaneous and general provisions.

Article 15 provides the Authority with a defence of due diligence against the commission of offences under the Order.

Article 16 makes provision for an Environmental Management Plan to be submitted to Scottish Ministers before commencement of any works. It also makes provision as to compliance by the Authority with commitments given in the Environmental Statement accompanying its application for the Order.

Copies of the Environmental Statement for the project and the deposited plans and sections can be inspected, free of charge, at the offices of the Scottish Ministers at Victoria Quay, Edinburgh, EH6 6QQ between 09:00 and 16:30 (Monday to Friday, excluding public holidays).

The deposited plans and sections may also be inspected free of charge at the offices of the Authority at the Port between 09:00 and 16:00 (Monday to Friday, excluding public holidays).

Article 17 amends section 10(4)(b) of the Lerwick Harbour Order Confirmation Act 1974 by extending the period within which the Authority is required to decide an application for a Works Licence within the harbour from three to six months.

Article 18 amends Article 5(2) of the Lerwick Harbour Revision (Constitution) Order 2003 by streamlining the procedure for consideration by the appointing body of applications made under Article 4 of the Order.

Article 19 repeals Article 9(4) of the Lerwick Harbour Revision (Constitution) Order 2003 and removes the age limit beyond which a person will not be qualified to be nominated as a Member of the Authority.

Articles 20 to 22 make saving provisions including making it clear that in carrying out any works or operations pursuant to this Order the Authority must obtain any other consent required for those works or operations under the terms of any other enactment.