Harbour Revision (Consolidation) Order

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Catch up with the latest news from the Harbour Revision (Consolidation) Order project

About this project

Find out everything you need to know about the Harbour Revision (Consolidation) Order project

Documentation

Browse the Draft HR(C)O, Harbour Limits and Premises Plans and existing legislation

Latest news

HR(C)O: Download Event Storyboard Presentation Materials

HR(C)O: Download Event Storyboard Presentation Materials

HR(C)O Storyboard CoverCaledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

A series of in-person drop-in events are currently underway across the network as part of the Pre-Application Consultation, however, for those unable to attend in person, materials presented at the events are now available to download below:

Download HR(C)O Storyboards (PDF) ›

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Upcoming Colonsay Consultation Event

HR(C)O: Upcoming Colonsay Consultation Event

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

Events will be held for the following ports at the venues below:

Port Event Venue Event Date Event Time
Colonsay The Colonsay Hotel
Isle of Colonsay
PA61 7YP
09/04/24 16:00–19:00

This event will be an in-person drop-in session. Anyone with an interest is encouraged to drop-in at a time convenient to them.

For those unable to attend in person, materials presented at the events will subsequently be made available via the project page on our website.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Postponed Kerrera/Gallanach event—CMAL Harbour Revision (Consolidation) Order Pre-Application Consultation drop-in event

HR(C)O: Postponed Kerrera/Gallanach event—CMAL Harbour Revision (Consolidation) Order Pre-Application Consultation drop-in event

Following receipt of correspondence from several members of the Kerrera local community, CMAL would like to confirm our continued support for the proposed Argyll and Bute Council Oban Harbour Revision Order (HRO). For clarity, CMAL’s proposed Harbour Revision (Consolidation) Order for Oban is only in relation to CMAL’s existing Statutory Harbour Authority area and therefore does not relate to the Argyll and Bute Council Oban Harbour Revision Order (HRO).

Having considered the comments received, we have decided to postpone the Kerrera Pre-Application Consultation (PAC) drop-in event for our Harbour Revision (Consolidation) Order, which was scheduled to take place on Monday 8th April at Kerrera. This will allow the Argyll and Bute Council HRO application to continue separately.

CMAL will still proceed with the planned meeting in Oban on Monday, 8th April, from 4pm to 7pm at The Rockfield Centre. This meeting will focus solely on CMAL’s existing Statutory Harbour Area in Oban and has no bearing on the Argyll & Bute Council Oban HRO.

Once the Argyll and Bute Council Oban HRO has been determined, we will re-arrange a visit to Kerrera and clarify the differences between it and our proposed HR(C)O in due course.

We would like to convey our apologies for the short notice of this event postponement and for any confusion caused in relation to the ongoing Argyll and Bute Council Oban HRO.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Upcoming Oban Consultation Event

HR(C)O: Upcoming Oban Consultation Event

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

Events will be held for the following ports at the venues below:

Port Event Venue Event Date Event Time
Oban The Rockfield Centre
Rockfield Brae
Oban
PA34 5DQ
08/04/24 16:00–19:00

This event will be an in-person drop-in session. Anyone with an interest is encouraged to drop-in at a time convenient to them.

For those unable to attend in person, materials presented at the events will subsequently be made available via the project page on our website.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Upcoming Brodick and Lochranza Consultation Events

HR(C)O: Upcoming Brodick and Lochranza Consultation Events

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

Events will be held for the following ports at the venues below:

Port(s) Event Venue Event Date Event Time
Brodick Brodick Village Hall
Brodick
Isle of Arran
KA27 8DL
26/03/24 15:00–18:00
Lochranza Lochranza Village Hall
Lochranza
Isle of Arran
KA27 8HL
27/03/24 16:00–19:00

This event will be an in-person drop-in session. Anyone with an interest is encouraged to drop-in at a time convenient to them.

For those unable to attend in person, materials presented at the events will subsequently be made available via the project page on our website.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Upcoming Wemyss Bay and Gourock Consultation Events

HR(C)O: Upcoming Wemyss Bay and Gourock Consultation Events

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

Events will be held for the following ports at the venues below:

Port(s) Event Venue Event Date Event Time
Wemyss Bay Skelmorlie & Wemyss Bay Parish Church
Shore Road
Skelmorlie
North Ayrshire
PA17 5DY
18/03/24 16:00–19:00
Gourock Gamble Halls
44 Shore St
Gourock
PA19 1RG
19/03/24 16:00–19:00

This event will be an in-person drop-in session. Anyone with an interest is encouraged to drop-in at a time convenient to them.

For those unable to attend in person, materials presented at the events will subsequently be made available via the project page on our website.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

HR(C)O: Upcoming Colintraive, Rhubodach and Portavadie Consultation Events

HR(C)O: Upcoming Colintraive, Rhubodach and Portavadie Consultation Events

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours. The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure. Events will be held for the following ports at the venues below:

Port(s) Event Venue Event Date Event Time
Colintraive and Rhubodach Colintraive Hotel
Kyles of Bute
Colintraive
PA22 3AS
11/03/24 16:00–19:00
Portavadie Portavadie Hotel and Marina
Portavadie
Loch Fyne
Argyll
PA21 2DA
13/03/24 16:00–19:00

This event will be an in-person drop-in session. Anyone with an interest is encouraged to drop-in at a time convenient to them.

For those unable to attend in person, materials presented at the events will subsequently be made available via the project page on our website.

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

Communities invited to share views on upcoming Harbour Revision (Consolidation) Order

Communities invited to share views on upcoming Harbour Revision (Consolidation) Order

Caledonian Maritime Assets Ltd (CMAL) is inviting communities to share their views on a project to consolidate harbour legislation across its network of ports and harbours.

CMAL is the Statutory Harbour Authority at 16 locations, and Harbour Authority, as deemed by the Port Marine Safety Code, at 11 other locations across the west coast of Scotland. Following a review of documentation, CMAL has identified over 60 varieties of legal papers relating to the operations at these locations.

The proposed Harbour Revision (Consolidation) Order will improve safety, and provide a consistent legal framework to operate, improve and maintain the CMAL harbours and marine infrastructure.

There will be 22 engagement events held across the network throughout the spring of 2024, with the first event having already been held in Port Ellen. This will allow communities to ask questions and provide feedback regarding the proposed consolidation order.

Ramsay Muirhead, Director of Port Infrastructure and Planning at CMAL said:

“With over 60 legal documents relating to the operation of harbours, one of which dates as far back as 1832, it has proven difficult to promote a consistent legislative platform across our locations.

“The consolidation order will provide the appropriate legal framework for us to introduce and promote network-wide standard General Directions to assist in meeting our statutory obligations.

“We encourage people to attend one of the meetings if they can. This type of diverse community input is highly valuable and will help inform the next steps in the process.”

Spencer Marine Consulting Ltd and Ashfords LLP are actively supporting this project, contributing extensive experience and expertise in harbour legislation to ensure its success. Provisional planned event details are listed below:

Port(s) Event Venue Event Date Event Time
Colintraive and Rhubodach Colintraive Hotel
Kyles of Bute
Colintraive
PA22 3AS
11/03/24 16:00–19:00
Portavadie Portavadie Hotel and Marina
Portavadie
Loch Fyne
Argyll
PA21 2DA
13/03/24 16:00–19:00
Wemyss Bay Skelmorlie & Wemyss Bay Parish Church
Shore Road
Skelmorlie
North Ayrshire
PA17 5DY
18/03/24 16:00–19:00
Gourock Gamble Halls
44 Shore St
Gourock
PA19 1RG
19/03/24 16:00–19:00
Brodick Brodick Village Hall
Brodick
Isle of Arran
KA27 8DL
26/03/24 15:00–18:00
Lochranza Lochranza Village Hall
Lochranza
Isle of Arran
KA27 8HL
27/03/24 16:00–19:00
Oban The Rockfield Centre
Rockfield Brae
Oban
PA34 5DQ
08/04/24 16:00–19:00
Colonsay The Colonsay Hotel
Isle of Colonsay
PA61 7YP
09/04/24 16:00–19:00
Kennacraig and Claonaig Tarbert Village Hall
Campbeltown Road
PA29 6TX
22/04/24 16:00–19:00
Port Ellen Ramsay Hall
N Bay
Port Ellen
Isle of Islay
PA42 7BY
23/04/24 16:00–19:00
Largs St John’s Largs Church of Scotland
Bath Street
Largs
KA30 8BL
29/04/24 16:00–19:00
Cumbrae Garrison House
Glasgow St
Millport
Isle of Cumbrae
KA28 0DJ
30/04/24 16:00–19:00
Coll An Cridhe
5 Main St
Arinagour
Isle of Coll
PA78 6SY
08/05/24 16:00–19:00
Tiree An Talla
Isle of Tiree
PA77 6UP
09/05/24 16:00–19:00
Fishnish The Salen Hotel
Main St
Aros
Isle of Mull
PA72 6JE
20/05/24 16:00–19:00
Kilchoan Kilchoan Community Centre
Pier Rd
Kilchoan
Acharacle
PH36 4LJ
21/05/24 15:00–18:00
Lochaline Lochaline Village Hall
Morvern
Oban
PA34 5XT
22/05/24 16:00–18:30
Armadale Ardvasar Community Hall
Ardvasar
Isle of Skye
IV45 8RS
12/06/24 16:00–19:00
Tarbert (Harris) Tarbert Community Centre
Pier Rd
Tarbert
Isle of Harris
HS3 3DG
18/06/24 16:00–19:00
Lochboisdale Southend Community Hall
Daliburgh
South Uist
HS8 5SS
19/06/24 16:00–19:00
Castlebay Castlebay Community Hall
Isle of Barra
20/06/24 16:00–19:00

For more information, as well as the relevant documents and forum to ask questions, visit cmassets.co.uk/hrco

 

Last updated 4/4/24

About this project

Purpose

Caledonian Maritime Assets Ltd (CMAL) intend to promote a Harbour Revision (Consolidation) Order, and the purpose of this page is to:—

  • Provide information regarding harbour authorities, relevant legislation, and the national standard for every aspect of port marine safety.
  • Provide information regarding the CMAL harbours, the current legislative framework in place and the challenges experienced.
  • Set out CMAL’s proposals and demonstrate the need to promote harbour legislation that updates all existing legislation across all CMAL harbours.

CMAL as Statutory Harbour Authority

CMAL is the Statutory Harbour Authority at 16 of its harbour/port locations, in addition CMAL operates a further 11 marine facilities across the West Coast of Scotland servicing the Clyde and Hebridean Ferry Services alongside a wide range of leisure and commercial customers.

What is a Harbour Authority?

A Statutory Harbour Authority is a body which has been given statutory powers or duties through local legislation for the purpose of improving, maintaining, and managing a harbour or port. 

The Harbours Act 1964

National legislation is legislation which is national, as opposed to local, in its effects. The Harbours Act 1964 is an important piece of national legislation affecting Statutory Harbour Authorities.

The 1964 Act:—

  • Provides the legal framework to apply for various types of orders.
  • Modernised the system whereby harbour authorities may levy charges or dues on those using the harbour, and a procedure is laid down by the Act for making objections to ship, passenger, and goods dues (see sections 26-39).
  • Provision of harbour directions.
  • Delegation of certain functions.
  • Places a duty on Statutory Harbour Authorities to have consideration to environmental matters, including conservation, freedom of public access to places of natural beauty and the availability of facilities for visiting buildings, etc. of archaeological, architectural or historic interest.

The above is not a comprehensive list of functions contained within the 1964 Act.

Types of Orders include:

Harbour Revision Order

Orders under section 14 of the 1964 Act can be applied for by the Harbour Authority concerned in improving, maintaining or managing a harbour in the exercise and performance of statutory powers and duties, or by a person, or a body representing persons, having a substantial interest in the harbour. The order must be in the interests of the harbour and may be made for achieving all or any of the objects specified in Schedule 2 of the 1964 Act, which include varying duties and powers, for example, extending or modifying existing statutory powers.

Harbour Empowerment Order

Orders under section 16 of the 1964 Act may be applied for by any person whose objectives are the improvement, maintenance or management of a harbour, or the construction of a new harbour for which they are seeking statutory powers where such powers do not already exist.

Local Legislation

Authorities derive their basic statutory powers and duties from local legislation. Until 1964, this legislation was always in the form of a private Act of Parliament (or in an order contained in, and confirmed by, an Act of Parliament). The Harbours Act 1964 introduced a system whereby such powers and duties can be conferred or varied by an order in the form of a statutory instrument, made by Scottish Ministers.

Many Harbour Authorities were established by a private Act of Parliament, often in the nineteenth century (or earlier).

In many cases, a Statutory Harbour Authority’s local legislation will consist of several different Acts or Orders, passed or made over a considerable period of time.

Additional legislation may have been required, for example, to authorise the construction of new harbour works such as piers or jetties, to modernise the powers to regulate the harbour or (more recently) to expand the range of activities which the authority may carry on at, or in connection with, the harbour.

These later pieces of legislation will often have repealed provisions in earlier Acts or Orders relating to the Statutory Harbour Authority. Care should therefore be taken in examining a Statutory Harbour Authority’s legislation to ensure that a provision has not been repealed or amended by a later piece of legislation.

The Port Marine Safety (the Code)

The Code sets out a national standard for every aspect of port marine safety. Its aim is to enhance safety for everyone who uses or works in the UK port marine environment. It is endorsed by the UK Government, the devolved administrations and representatives from across the maritime sector and, while the Code is not mandatory, these bodies have a strong expectation that all Harbour Authorities will comply.

The Code is applicable to Statutory Harbour Authorities, Competent Harbour Authorities and to other marine facilities which may not have statutory powers and duties.

The Code refers to some of the existing legal duties and powers that affect organisations in relation to marine safety, but it does not in itself create any new legal duties. Although they are not mandatory, there are nevertheless several measures which are key to the successful implementation of the Code to ensure compliance.

The code can be accessed online:—

Port Marine Safety Code (publishing.service.gov.uk)

CMAL legislation and the Code

The Code applies to CMAL at all 27 marine facilities owned by CMAL, with CalMac operating 26 of these facilities under the Harbour Operating Agreement (HOA).

The CMAL Board of Directors is the Duty Holder under the Code, and have appointed an independent Designated Person, who reports to the Board.

CMAL is Statutory Harbour Authority (SHA) at the 16 locations where local legislation is in place, namely:

  1. Armadale
  2. Brodick
  3. Castlebay
  4. Coll
  5. Colonsay
  6. Gourock
  7. Kennacraig
  8. Largs
  9. Lochaline
  10. Lochboisdale
  11. Lochranza
  12. Oban—Railway Pier
  13. Port Ellen
  14. Tarbert (Harris)
  15. Tiree
  16. Wemyss Bay

Despite no statutory powers at the remaining 11 marine facilities, CMAL must comply with the Code at these locations, as marine operations are being undertaken, namely:

  1. Bullhole/Dhearg Phort
  2. Claonaig
  3. Colintraive
  4. Cumbrae
  5. Fishnish
  6. Gallanach
  7. Kerrera
  8. Kilchoan
  9. Portavadie
  10. Rhubodach
  11. Tobermory

Since its inception, CMAL has promoted five Harbour Revision Orders (HRO’s) and one Harbour Empowerment Order (HEO).

A review of legislation has identified that CMAL currently have over 50 pieces of local legislation that relate to the 16 CMAL harbours where statutory powers are in place. The oldest statutory legislation dates back to 1832 at Largs.

As a result of such a variety of legislation, it has proved difficult to promote a consistent legislative platform for CMAL to manage the harbours.

Outcomes of Recent Reviews and Audits

The Code requires that the duty holder (CMAL Board) must regularly review and be aware of their existing powers based on local and national legislation, seeking additional powers if required to promote safe navigation.  This was re-enforced when a recent Code audit recommended that a review of powers & duties be undertaken for all CMAL’s SHA locations.

The subsequent review of the 16 CMAL harbour orders identified inconsistencies with respect of powers and duties at CMAL harbours.

Due the range, age, and extent of legislation at the 16 harbours where there is statutory legislation in place there are many differing powers, scope and definitions. Many of these are of no significant importance and do not materially affect CMAL’s ability to meet its duties as a SHA and compliance with the Code.  However, there are some areas where that could affect CMAL’s ability to comply with the Code, namely:

  • Powers of General Direction
  • Definition of Harbour Masters
  • Inconsistencies in local legislation

The CMAL board as Duty Holder have approved the promotion of a Harbour Revision (Consolidation) Order.

CMAL Harbour Revision (Consolidation) Order

The proposed strategy for delivering a Harbour Revision (Consolidation) Order would be to promote the order to cover CMAL’s 16 existing Statutory Harbour Authorities as the initial phase.  The second phase, once the order is in place, will be to promote a Harbour Empowerment Order to add 10 of CMAL’s non-statutory facilities to the order.  The second phase will, in essence, only be adding new harbour areas to the consolidation order, as the powers, duties etc., will remain unchanged.

The consolidation order will provide the appropriate legal framework for CMAL to introduce network-wide standard General Directions to assist in meeting our statutory obligations.

Additional Benefits of the Harbour Revision (Consolidation) Order:

  • CMAL will be consistently supported in Law to deliver all of its harbour authority obligations.
  • The provision of standard Byelaws and General Directions are more robust. This provides the appropriate framework for the operation, management and improvement of the harbours.
  • Can lay moorings and Aids to Navigation.
  • Powers of wreck removal and power to recover associated costs from the owner.

Programme

It is anticipated that delivering the Harbour Revision (Consolidation) Order will take between 2 and 3 years from January 2024. 

Full consultation and engagement will commence Spring 2024.

Process

Transport Scotland manage the harbour orders process, they provide guidance on their website, the link is below:

Harbour orders | Transport Scotland

CMAL intend to fully consult and engage at all CMAL harbour locations in the pre-application consultation process.

Harbour Revision Orders

Alongside the development of the Harbour Revision (Consolidation) Order, improvement works at some CMAL harbours will continue, which may necessitate further Harbour Revision Orders.

The further revision orders will be works orders only (as far as possible) and incorporate existing legislation. The HR(C)O is not a Works Order and does not authorise any works.

Details of these will be included within each engineering project page.

These revision orders will be undertaken in a manner that ties in closely with the harbour revision (consolidation) order work where possible.

Contact CMAL

If you would like to contact CMAL at this time, please email:

harbourorders@cmassets.co.uk

Please be aware that the process is in its very early stages, and there will be many opportunities to engage with the CMAL team.

Keep up-to-date

Stakeholders can sign-up to receive updates from CMAL as the Harbour Legislation projects progress

Ask a question

You are invited to ask any questions you may have about the Harbour Legislation project