Dumfries and Galloway (Stranraer) Harbour Revision Order 2024 - Decision letter
Paul Jennings
Regional Harbour Master
Dumfries & Galloway Council
English Street
Dumfries DG1 2DD
7 November 2024
Dear Paul
I refer to the application submitted by Dumfries and Galloway Council (the Council), to enact the “Dumfries and Galloway (Stranraer) Harbour Revision Order 2024” (the Order) under Article 14 of the Harbours Act 1964 (the 1964 Act). This letter conveys the Ministers’ decision following their consideration of the application.
Purpose of the Order
The Order establishes the Council as the harbour authority for Stranraer Harbour. It defines the harbour limits and confers powers on the Council, including powers to lease and powers as regards the making of byelaws and issuing of general and special directions. It also repeals superseded, obsolete or otherwise unnecessary statutory provision affecting the harbour.
The Order removes powers and responsibilities from Stena Line for the southern half of Loch Ryan and gives the Council full powers for this area. Stena Line have not used Stranraer Harbour since they moved their operations to their own purpose built port at Loch Ryan in 2011, and P&O Ferries use their own facility at Cairnryan.
Ultimately, the Order would allow the Council to improve, maintain and manage the southern half of Loch Ryan and Stranraer Harbour.
Application process
Public notices were placed in the Edinburgh Gazette on 19 January 2024, and the Wigtown Free Press on 19 and 26 January 2024.
The 42-day statutory notice period concluded on 1 March 2024.
Objections
Observations were received from the Northern Lighthouse Board and the Maritime and Coastguard Agency. One objection was received from the Royal Yachting Association (RYA).
In addition, Transport Scotland (TS), the national transport agency for Scotland, suggested a number of minor changes to clarify the wording of the Order.
Objections handling
The applicant consulted with the RYA, and both parties agreed to several amendments. The RYA withdrew their objection upon that basis.
Proposed modifications
TS proposed that the definition to “harbour premises plan” be updated to read:
“harbour premises plan” means the plan signed in duplicate with reference to this order and marked ‘The Stranraer Harbour Revision Order 2024 and subtitled ‘harbour premises’ dated August 2024.
TS proposed that the definition for “undertaking” be removed as the defined term “harbour undertaking” is used throughout the document, except for one occasion where it refers to “similar undertakings”, which is self explanatory and does not require a definition.
TS proposed that Article 4(1)(b) be amended to read:
The harbour land (together with existing or future works) vested in or administered by the Council as part of the harbour being the area delineated in green on the harbour premises plan.
Following consultation with the RYA, Article 8(4) has been amended to read:
Any licence granted under paragraph (2) shall be valid only for a period of one year (or other such longer or shorter period as the Council considers appropriate) commencing with the date on which it takes effect.
TS proposed that Article 16(9) be amended to read:
For the purposes of paragraph (8), the Scottish Ministers shall give the Council and any person who is to be informed of a proposed modification the opportunity to make representations in writing about that proposed modification during a period determined by Ministers and the Ministers shall take such representations into account before making a decision under paragraph (7).
TS proposed that Article 17(1) and (2) be amended to read:
- The Council may, after consultation with the Compulsory Consultees, give general directions for the safe management of the harbour in accordance with the Port Marine Safety Code.
- Directions given under paragraph (1) may, in particular, make provision—
The modifications made are not considered to substantially affect the character of the Order.
Scottish Ministers’ consideration
Article 14(2)(b) of the 1964 Act requires that a Harbour Revision Order shall not be made in relation to a harbour unless the appropriate Minister is satisfied that the making of the Harbour Revision Order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, or of facilitating the efficient and economical transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships.
Our assessment is that the proposed Order is conducive to improving the management of the harbour in an efficient and economical manner.
Based on the arguments in respect of the objection and the issues previously agreed between the Council and objector, Ministers agreed that the Order be made with the proposed modifications.
Child Rights and Wellbeing Impact Assessment (CRWIA) for the Dumfries and Galloway (Stranraer) Harbour Revision Order 2024
Disclaimer
This document is a point in time assessment of the likely effects of the Dumfries and Galloway (Stranraer) Harbour Revision Order 2024 on the rights and wellbeing of children and young people.
Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.
Introduction
Brief summary
- Type of proposal:
SSI
- Name the proposal, and describe its overall aims and intended purpose:
This Order establishes Dumfries and Galloway Council as the harbour authority for Stranraer Harbour. It defines the harbour limits (which is where the harbour begins and ends) and confers powers on the Council, including powers to lease and powers to make byelaws and issue general and special directions to boats and other vessels. It also repeals old and unnecessary laws affecting the harbour.
- Start date of proposal’s development:
18 February 2020
- Start date of CRWIA process:
19 September 2024
- With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?
The making of a Harbour Revision Order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, or of facilitating the efficient and economical transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships.
This Order establishes a harbour authority and confer powers on that body in relation to the harbour. Nothing in this Order is expected to affect the rights or wellbeing of children,There are no aspects of the proposal which are deemed relevant to the UNCRC requirements.
- Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.
N/A
- Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact?
N/A
- Analysis of Evidence:
N/A
- What changes (if any) have been made to the proposal as a result of this assessment?
N/A
Conclusion
- As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?
No impact
- If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland:
N/A
- If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?
N/A
Mitigation Record
What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?
- Issue or risk Identified per article/ Optional Protocol:
N/A
- Action Taken/ To Be Taken:
N/A
- Date action to be taken or was taken:
N/A
- As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?
N/A
- If yes, please provide and explanation below:
N/A
- How will you communicate to children and young people the impact that the proposal will have on their rights?
The CRWIA will be published on the legislation.gov.uk website alongside the SSI so those wishing to access it can do so. The CRWIA has been written in an accessible and child friendly format so those reading it can understand its content and impact / no impact.
Post Assessment Review and sign-off
- Planning for the review of impact on children’s rights and wellbeing.
As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.
- How will the impact of the proposal on children’s rights and wellbeing be monitored?
- When will you review and update the CRWIA if required?
If new information comes to light throughout implementation, this will be assessed for potential impact on children and young people. However, this is not anticipated due to the nature of the regulations.
Sign off
Policy Lead signature & date of sign off:
Nick Gosling, Head of Maritime Policy
Deputy Director signature & date of sign off:
Roddy Macdonald, Head of Ferries
- Date CRWIA team first contacted:
23 September 2024
Right to challenge decision
Any person who desires to question the making of this Order on the grounds that there was no power to make it or that a requirement of the 1964 Act was not complied with in relation to it may, within six weeks from the date the Order comes into force, make an application for this purpose to the Court of Session.
Any person thinking of challenging the decision to make the Order is advised to seek legal advice before taking any action.
Availability of decision
Once the Order is made, the applicant must:
- Publish notice of the making of the Order in the Edinburgh Gazette and one local paper;
- Send copies of the notice to those individuals/organisations notified of the original
application; and - Forward copies of all the notices to TS.
A copy of this letter will be sent to all those who were consulted on the Order and be published on the TS website.
Yours sincerely
Dario Dalla Costa
Ports Policy Advisor
Maritime & Shipping