The Highland Council (Eigg) Harbour Empowerment Order 1999
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It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Highland Council (Eigg) Harbour Empowerment Order 1999, ISBN 0 11 059238 7, £4.00 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. HARBOURS, DOCKS, PIERS AND FERRIES The Highland Council (Eigg) Harbour Empowerment Order 1999
ARRANGEMENT OF ARTICLES
PART I PRELIMINARY
PART II WORKS
PART III LAND
PART IV MISCELLANEOUS AND GENERAL
Whereas the Highland Council has applied in writing for a harbour empowerment order under section 16 of the Harbours Act 1964[1]; And whereas it appears to the Scottish Ministers[2] in pursuance of paragraph A2 of Schedule 3 to the said Act[3], 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; And whereas the Scottish Ministers have directed the applicant to supply them with the information referred to in Annex III to the Directive in accordance with that paragraph; And whereas the Scottish Ministers have complied with the requirements of paragraph 3A of Schedule 3 to the said Act[5]; Now, therefore, the Scottish Ministers, in
exercise of the powers conferred on them by section 16 of the said Act[6]
and of all other powers enabling them in that behalf and being satisfied
that the making of this Order is desirable in the interests of securing
the improvement, maintenance or management of the harbour in an efficient
and economical manner, hereby make the following Order:
PART I PRELIMINARY Citation and commencement
Interpretation
(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 Highland Regional Council (Harbours) Order
(2) In construing, for the purposes of this Order,
the provisions of the Highland Regional Council (Harbours) Order as incorporated
with this Order-
(b) the expression "harbour limits plans" means the plans showing the limits of harbour jurisdiction at Eigg, two copies of which have been deposited at the Scottish Executive and one copy of which has been deposited at the offices of the Council; and (c) the expression "the undertaking" means the harbour undertaking
of the Council at Eigg authorised by this Order.
(4) Schedule 1 of the Highland Regional Council
(Harbours) Order shall have effect as if there were added the following
provision:-
All waters below the level of high water commencing at a point forming
Galmisdasle Bay from Seibreig at a point NM 149321 784857, thence in a
southerly direction for a distance of 1547 metres to a point NM 149321
783310, thence in a westerly direction for a distance of 429 metres to
a point NM 148892 783310 on the level of high water on Castle Island, and
from the level of high water on Castle Island at a point NM 148504 783318,
thence in a westerly direction for a distance of 457 metres to the level
of high water on Eigg at a point NM 148051 783377.".
4. - (1) The Lands Clauses Acts (except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845)[15], so far as they are applicable for the purposes of, and are not varied by or inconsistent with, the provisions of this Order, are incorporated with this Order. (2) In construing, for the purposes of this Order,
the provisions of the Lands Clauses Acts as incorporated with this Order-
(b) the Council shall be deemed to be the promoters of the undertaking or the company; and (c) the works shall be deemed to be the works of the undertaking.
PART II WORKS Power to carry out works
Work No. 2: Dredging an area of sea bed of maximum width 190 metres commencing at a point NM 148449 783967 and extending in a north-easterly direction for a distance of 613 metres to terminate at a point NM 148982 784270 as shown hatched on the deposited plan; Work No. 3: An alignment structure of solid construction commencing from the south-south-east side of Work No. 1 at a point NM 148719 784080 and extending in a north-easterly direction for a distance of 89 metres to terminate at a point NM 148803 784108; Work No. 4: A causeway with associated 3 metres wide approach road of solid construction commencing at a point NM 148421 783828 and extending in an arc in a north-easterly direction for a distance of 353 metres to the commencement point of Work No. 1; Work No. 5: Refurbishment and improvement of existing pier and slipway of solid construction commencing at a point NM 148466 783808 and extending in a south-easterly direction for a distance of 82 metres to terminate at a point NM 148543 783779; Work No. 6: A floating pontoon with associated access walkway commencing
at a point NM 148504 784004 and extending in a north-easterly direction
for a distance of 50 metres to terminate at a point NM 148541 784038.
Power to deviate
Subsidiary works
(2) The works shall be deemed for all purposes to be within the island of Eigg, Highland. Obstructing works
Works to be deemed part of harbour undertaking
Period for completion of works
PART III LAND Power to take lands
(b) so much of the land specified in columns (1) and (2) of the Schedule
to this Order (being land shown on the annexed map and the deposited plans
as within the limits of land to be acquired or used) as may be required
for the purpose specified in relation to that land in column (3) of that
Schedule.
12. Notwithstanding anything in this Order or in any Act wholly or partly incorporated herewith, the Council may, instead of acquiring any land that they are authorised to acquire compulsorily under this Order, purchase and acquire compulsorily such servitudes or rights over or in any such lands as they may require for the purpose of constructing and using or removing the works or for the purpose of obtaining access to the works, by creating as well as purchasing such servitudes or other rights already in existence, without the Council being obliged or compelled to purchase any greater interest in, under or over the same, and the provisions of the Lands Clauses Acts shall extend and apply to such servitudes and rights as if the same were lands within the meaning of those Acts. Persons under disability may grant servitudes, etc.
(2) The provisions of the said Acts with respect to lands and feu duties or ground annuals so far as the same are applicable in this behalf shall extend and apply to such grants and to such servitudes, rights and privileges as aforesaid respectively. Extinguishment of rights of way over lands acquired
(2) The Council shall make compensation to all parties interested in respect of any such rights. (3) Such compensation, in the case of difference, shall be determined in accordance with the provisions of the Land Compensation Act. Power to enter upon lands and buildings for searching and boring
(2) In the exercise of the powers conferred by this article, the Council shall cause as little detriment and inconvenience to any person as circumstances allow and shall make compensation to the owners and occupiers of any lands or the owners of any services injuriously affected by the exercise of such powers, such compensation in case of difference to be determined in accordance with the provisions of the Land Compensation Act. Power of entry on lands compulsorily acquired
Disregard of recent improvements and interests
(b) any enhancement of the value of any interest in land, by reason
of any building erected, works executed or improvement or alteration made
(whether on the land purchased or on any other land with which the claimant
is, or was at the time of the erection, executing or making of the building,
works, improvement or alteration, directly or indirectly concerned),
Compensation in respect of depreciation in value of interest in land
subject to standard security
(b) a claim for the payment of any such compensation may be made by the heritable creditor under a standard security granted before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person; and (c) any such compensation payable in respect of the interest in land
subject to the standard security shall be paid to the heritable creditor
or where there is more than one heritable creditor, the first ranking heritable
creditor, and shall in either case be treated by the heritable creditor
as if it were received as proceeds of sale and applied in the order of
priority specified in section 27 of the Conveyancing and Feudal Reform
(Scotland) Act 1970[17].
Set off of betterment against compensation
(b) the value of his interest in any such contiguous or adjacent
land is enhanced by reason of the works authorised by this Order or any
of them,
Agreements with owners of property
Power to reinstate owners of property
Period for compulsory purchase of lands
(2) The powers of the Council for the compulsory acquisition of such lands and servitudes shall, for the purposes of this article, be deemed to have been exercised if before 31st December 2004 notice to treat has been served in respect of those lands and servitudes. Power as to acquisition and use of additional lands
(2) The Council may be authorised by the Scottish Ministers to purchase compulsorily any lands for the purposes mentioned in paragraph (1) of this article and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947[18] shall apply in relation to any such compulsory purchase as if this article had been contained in a public general Act in force immediately before the commencement of that Act. (3) The Council may use any lands acquired by them in pursuance of the provisions of paragraphs (1) or (2) of this article, or any other land vested in them, for such purposes and for the purposes of article 7 (subsidiary works) of this Order. Power to retain, sell etc., lands
(2) The proceeds of the sale of any lands by the Council shall be applied only to purposes to which capital is properly applicable including the redemption of debt. Correction of errors in deposited plans and book of reference
(2) If on any such application it appears to the sheriff that the misstatement or wrong description arose from mistake or inadvertence, he shall certify the fact accordingly and shall in his certificate state in what respect any matter is misstated or wrongly described. (3) The certificate shall be deposited with the Scottish Executive and a copy thereof in the offices of the Council, and with the sheriff clerk and with the Head of Legal Services of the Council and thereupon the deposited plans and the deposited book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Council to take the land or, as the case may be, a right over the land and executethe works in accordance with the certificate. (4) A person with whom a copy of a certificate is deposited under this article shall keep it with the other documents to which it relates. Application of the Act of 1997
(2)
(b) For paragraph 2 there shall be substituted-
(b) published in the Edinburgh Gazette.
(b) a notification to the effect that every person who, if a general
vesting declaration were made in respect of all the land comprised in the
order in respect of which notice to treat has not been given, would be
entitled to claim compensation in respect of any such land is invited to
give information to the authority making the declaration in the prescribed
form with respect to his name and address and the land in question.
(d) In paragraph 6 the words "and of section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (both as incorporated by Schedule 2 to the Acquisition Act 1947)" shall be omitted. (e) References to the Lands Clauses Act shall be construed as references
to that Act as incorporated with this Order by article 4 (incorporation
of Lands Clauses Acts) of this Order.
PART IV MISCELLANEOUS AND GENERAL Service of notices
(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. (3) For the purposes of section 7 of the Interpretation
Act 1978[19] as it applies for the purposes of this
article, the proper address of any person in relation to the service on
him of a notice or document under paragraph (1) above is, if he has given
an address for service, that address, and otherwise-
(b) in any other case, his last known address at the time of service.
(b) either leaving it in the hands of a person who is or appears
to be resident or employed on the land or leaving it conspicuously affixed
to some building or object on or near the land.
No double recovery
Crown rights
(b) belonging to a government department or held in trust for Her
Majesty for the purposes of a government department, without the consent
in writing of that government department.
SARAH BOYACK
St Andrew's House Edinburgh
SCHEDULE PURCHASE OF CERTAIN LAND
(This note is not part of the Order)
This Order empowers the Highland Council to construct and maintain a slipway and other harbour facilities at Eigg and, for that purpose, compulsorily or by agreement to acquire land and rights in land. The Order also confers further powers on the Council to maintain
and operate their undertaking at the harbour as a statutory harbour undertaking
and defines the limits of jurisdiction of the Council.
Notes: [1] 1964 c.40; section 16 was amended by the Transport Act 1981 (c.56), section 18 and Schedule 6, paragraphs 3, 4(1) and 14 and by the Transport and Works Act 1992 (c.42), Schedule 3, paragraph 2.back [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).back [3] Schedule 3 was amended by the Transport Act 1981, section 18 and Schedule 6, paragraph 4(2) to (7) and (12) and by the Transport and Works Act 1992, Schedule 3, paragraph 10. Paragraph A2 was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946).back [4] O.J. No. L175, 5.7.85, p.40.back [5] Paragraph 3A was inserted by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 (S.I. 1996/1946).back [6] Section 57 contains a definition of "the Minister" relevant to the exercise of powers under which this Order is made.back [7] 1991 c.xii.back [8] 1997 c.8.back [9] 1998 c.46.back [10] 1963 c.51.back [11] 1984 c.54.back [12] Confirmed by section 1 of the Act of 1991 and as set out in the Schedule thereto.back [13] 1894 c.60.back [14] 1995 c.21.back [15] 1845 c.19.back [16] 1845 c.19.back [17] 1970 c.35.back [18] 1947 c.42.back [19] 1978 c.30back
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