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Scottish
Ministers must be satisfied that the requirements of the Harbours Act 1964
have been met.
It is proposed that the existing pier will be
demolished and a new, more substantial
structure built to replace it.
Allan Wilson MSP has moved
to reassure residents of Largs and Cumbrae that the proposed Piers Order is
necessary to ensure that the necessary works can be carried out to ensure
the Pier is fit for purpose and that overall Harbour management is improved.
On the issues raised by the Chairman of Largs Community Council Mr Wilson
said, "The undertaking of the Largs Harbour Company established by the 1832
Act was dissolved by Section 34 of the Glasgow and South Western Railway Act
1899. This Act transferred to and vested the harbour undertaking in the
Glasgow and South Western Railway.
Following the nationalisation of the railways the harbour undertaking passed
to British Railways Board by virtue of Section 31(2)(c ) and Part 1 of the
third schedule to the Transport Act 1962. Ultimately, the harbour passed to
Caledonian MacBrayne Limited and most recently to Caledonian Maritime Assets
Limited, (CMAL) which is in effect the same company as Caledonian MacBrayne
Limited.
Also, the title to Largs Pier was conveyed by British Transport Group to
Caledonian MacBrayne Limited in 1988."
On the Purpose of the Harbour Revision Order Mr Wilson said "A Harbour
Revision Order is required to permit new development works at a
pier/harbour, as defined by the Harbour Act 1964. In the case of Largs, it
is proposed that the existing pier will be demolished and a new, more
substantial structure built to replace it. At the same time, the ancient
harbour legislation regarding Largs Harbour will be repealed and a modern
Harbour Revision Order put in its place. The powers will be there in
perpetuity. The various terms and conditions are contained in the draft
Order that has been advertised.
"Nothing in the proposed Largs Harbour Revision Order seeks to repeal any
provision of the Harbours Act 1964. Indeed, such a repeal would not be
possible as the Harbours Act is primary legislation and the Harbour Revision
Order subordinate legislation. It is a matter of law that subordinate
legislation cannot be used to repeal or replace primary legislative
provisions unless there is specific authority to do so in the primary
legislation.
"By way of background, the provisions for subordinate legislation in the
Harbours Act 1964 were introduced as a simpler and cheaper alternative to
private Bills for the purposes of promoting new harbour legislation. An
application for an Order under the Act requires to be accompanied by a
statement setting out why the Order is necessary, and Scottish Ministers
must be satisfied that the requirements of the Act have been met.
"The Act sets out the detailed procedures for making an application,
including the requirement to serve a copy of the Order and accompanying
plans or environmental statements on any persons, groups or bodies specified
by Scottish Ministers. An Order application must then be publicised once in
the Edinburgh Gazette and once in each of two successive weeks in one or
more local papers. The Act allows 42-days from the date the advertisement is
first publicised in the local paper for objections to be made. The Act
provides for the applicant to be given the opportunity to negotiate with
objectors, and in the event of any outstanding objections a public inquiry
may be held. At the end of the process, Scottish Ministers will determine
whether the Order can be made. When an Order has been made, Scottish
Ministers require the applicant to publish and serve notice that the Order
has been made, naming a place where a copy of the Order may be inspected at
all reasonable hours.
On Public interest in the foreshore, Mr Wilson said "Section 33 of the
Harbours, Docks and Piers Clauses Act is incorporated into the current Largs
Harbour legislation. It is not proposed to repeat this with regard to the
new Harbour Revision Order. That does not however interfere with any
existing public rights of navigation in the harbour area subject to the
Harbour Authority being able to direct navigation as required for safety
etc. The effect of Section 33 was essentially to ensure that the harbour was
open to all persons for the shipping and unshipping of goods and the
embarking and landing of passengers subject to the payment of the rates for
pier and berthing dues etc.
On the issues raised by Largs Community Council, Mr Wilson said, "It appears
that the Community Council's major concern related to their understanding
that the HRO would change the harbour limits defined in the 1832 Act. CalMac
offered reassurance that this was not what was planned. One change that
could be made was in the definition of 'craft', in particular to bring jet
skis within the ambit of the Order. I had understood this change to have
been welcome as there were some concerns locally over the irresponsible use
of jet skis."
"The Community Council sought written comfort from CalMac Ferries on the
other points of concern to them and it should be possible to provide the
Community Council with a document that would address their concerns and
there appears to be an indication that the objection could be withdrawn
provided that the comfort that CalMac Ferries was able to provide proved
adequate." concluded Mr Wilson.
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