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An Act to confirm a Provisional Order under the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, relating to Peterhead Harbours.
[16th July 1992]
WHEREAS the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.
This Act may be cited as the Peterhead Harbours Order Confirmation Act 1992.
Part I
Preliminary
1. Short title and citation.
2. Interpretation.
3. Incorporation of Harbours, Docks, and Piers Clauses Act 1847.
Part II
Constitution, qualification, election and appointment of trustees
4. Constitution of trustees.
5. Existing trustees to act in first instance.
6. Appointment of trustees by regional and district councils.
7. Election of trustees from register of electors.
8. Qualification of trustees from register of electors.
9. Election of trustees from valuation roll.
10. Qualification of trustees from valuation roll.
11. Election of trustees by shipowners.
12. Qualification of shipowners.
13. List of electors to be made up and published.
14. Provisions as to election of trustees.
15. Sheriff may vary date, etc., for elections.
16. Disqualification of trustees.
17. Election offences.
18. Occasional vacancies.
19. Acts of trustee not invalidated by vacancies or non-election.
20. Informalities in election of trustees not to invalidate proceedings.
21. Chairman of trustees and meetings.
22. Meetings of trustees.
23. Quorum of trustees and adjournment on failure of meeting.
24. Extraordinary meetings.
25. How meetings to be called.
26. Power to appoint committees.
27. Meetings of committees.
Part III
Tidal works
28. Survey of tidal works.
29. Provision against danger to navigation.
30. Abatement of works abandoned or decayed.
31. Permanent lights on works.
Part IV
Limits of harbours, etc.
32. Limits of harbours.
33. Application of existing enactments, etc., to harbours.
Part V
Maintenance and administration of harbours
34. Power to maintain harbours.
35. Rates on goods, etc., landed or loaded outside harbours.
36. Power to provide dredgers and other plant.
37. Payment of charges for weighing and measuring goods.
38. Power to take lands by agreement.
39. Power to appropriate and lease or sell parts of harbours.
40. Company formation.
41. Byelaws to remain in force.
42. General byelaws.
43. Books to be evidence.
44. Execution of deeds.
45. Appointment, etc., of staff.
Part VI
Fish market
46. Power to provide, operate and maintain fish market.
47. Power to make charges.
48. Officer for fish market.
49. Power to lease fish market and enter into agreements.
Part VII
Supply of water, gas and electricity, etc.
50. Trustees may contract for supply of water, gas, oil and electricity, etc.
51. Rate for water, etc., supplied to vessels.
Part VIII
Tugs
52. Trustees may provide and license tugs.
53. Trustees to fix charges for tugs.
54. Penalty for using or employing tugs without licence.
Part IX
Financial
55. Accounting and auditing.
56. Sinking fund.
57. Investment of sinking fund.
58. Power to borrow.
Part X
Miscellaneous
59. Partial cesser of Peterhead Bay Harbour Trust and Transfer Order 1983.
60. Saving for town and country planning.
61. Saving for Health and Safety at Work etc. Act 1974.
62. Saving for certain enactments.
63. Repeals.
Schedules:
Schedule 1
—Provisions as to election of trustees.
Schedule 2
—Acts and Orders repealed.
Provisional Order to consolidate with additions and amendments the Acts and Orders relating to the harbours of Peterhead; to make new provision with respect to the constitution, qualification, election and appointment of the trustees of the said harbours; to redefine the limits of the harbours; to make further and better provision for the maintenance and administration of the harbours; and for connected purposes.
WHEREAS—
(1) By virtue of the Peterhead Harbours Acts and Orders 1873 to 1985 the harbour undertaking at Peterhead is vested in the trustees of the harbours of Peterhead acting for the time being under the said Acts and Orders:
(2) It is expedient to consolidate with additions and amendments the enactments in force with respect to the harbours of Peterhead as in this Order provided:
(3) It is expedient to make new provision with respect to the constitution, qualification, election and appointment of the said trustees:
(4) It is expedient to redefine the limits of the said harbours:
(5) It is expedient to make further and better provision for the maintenance and administration of the said harbours and that the other provisions hereinafter contained should be enacted:
(6) The purposes aforesaid cannot be effected without an Order confirmed by Parliament under the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:
Now therefore, in pursuance of the powers contained in the last-mentioned Act, the Secretary of State orders as follows:—
(1) This Order may be cited as the Peterhead Harbours Order 1992.
(2) The [1986 c. v.] Peterhead Harbours (South Bay Development) Order 1985 and this Order may be cited together as the Peterhead Harbours Orders 1985 to 1992.
In this Order, unless the subject or context otherwise requires—
“Act of 1847” means the [1847 c. 27.] Harbours, Docks, and Piers Clauses Act 1847;
“appointed day” means 1st January 1993;
“chief executive” means the chief executive for the time being appointed by the trustees;
“district” means the Banff and Buchan district;
“district council” means the Banff and Buchan district council;
“existing trustees” means the trustees acting under the authority of the Peterhead Harbours Acts and Orders 1873 to 1985;
“harbours” means the harbours of Peterhead as defined in section 32 (Limits of harbours) of this Order;
“harbour limits map” means the map marked “Peterhead Harbours —Limits of Harbours” deposited in connection with this Order;
“Order of 1985” means the [1986 c. v.] Peterhead Harbours (South Bay Development) Order 1985;
“Peterhead harbours electoral area” means the area shown edged red on the Peterhead harbours electoral map;
“Peterhead harbours electoral map” means the map marked “Peterhead harbours electoral area” deposited in connection with this Order;
“region” means the Grampian region;
“regional council” means the Grampian regional council;
“register of electors” means the register of electors for the time being last published by the electoral registration officer for the Grampian region;
“sheriff” means the sheriff principal of the sheriffdom of Grampian, Highlands and Islands and includes any sheriff sitting in the sheriff court district of Peterhead;
“tidal work” means any work in tidal waters authorised by the Peterhead Harbours Acts and Orders 1873 to 1980;
“trustees” means the existing trustees and the trustees of the harbours acting for the time being under the authority of this Order or either such body of trustees, as the case may require;
“valuation roll” means the roll kept and maintained by the regional council under the Valuation Acts (as defined by subsection (1) of section 26 of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987) for the purpose (inter alia) of assessing and levying rates under sections 1 and 7 respectively of the [1975 c. 30.] Local Government (Scotland) Act 1975;
“vessel” means a ship, boat or craft of any description and includes any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily); and includes a hovercraft within the meaning of the [1968 c. 59.] Hovercraft Act 1968 or any other amphibious vehicle or a seaplane.
The Act of 1847 (except sections 6 to 13, 16 to 19, 22, 25, 26, 48, 79 to 82, 83, 95, 97, 98 and 101 to 103), so far as applicable for the purposes and not inconsistent with the provisions of this Order, is hereby incorporated with and forms part of this Order:
Provided that in construing the provisions so incorporated the expression “the special Act” shall mean this Order, and—
(a) the expressions “the Promoters of the undertaking” and “the undertakers” shall mean the trustees;
(b) the expression “the harbour, dock and pier” shall mean the harbours;
(c) the meaning of the word “vessel” as defined in section 2 (Interpretation) of this Order shall be substituted for the meaning assigned to that word by section 3 of the Act of 1847;
(d) section 21 shall be read and have effect as if after the words “for the Accommodation of Goods shipped or unshipped within the Harbour” there were added the words “or otherwise for the purposes of their undertaking”;
(e) section 23 shall be read and have effect as if the words “Provided that no such lease be granted for a longer term than three years” were omitted and there were added the words “provided that as from the commencement of any lease of a tidal work made under this section the lessee shall during the continuance of his lease be subject to all the liabilities and obligations to which the undertakers are subject and shall perform all the duties of the undertakers under the special Act in respect of that work”;
(f) section 63 shall be read and have effect as if for the words from “to a penalty” to the end of the section there were substituted the words “on summary conviction to a fine not exceeding level 2 on the standard scale”;
(g) section 69 shall be read and have effect as if for the words from “forfeit” to the end of the section there were substituted the words “be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
(h) section 84 shall be read and have effect as if for the words “five pounds” there were substituted the words “level 2 on the standard scale”.
On and after the appointed day—
(1) The trustees of the harbours of Peterhead shall consist of—
(a) the master of the Company of Merchants of the City of Edinburgh;
(b) one person to be appointed by the regional council from their own members;
(c) one person to be appointed by the district council from their own members;
(d) three persons to be elected by persons appearing in the register of electors as hereinafter provided from among their own number;
(e) three persons to be elected by persons appearing in the valuation roll as ratepayers in respect of non-domestic property within the Peterhead harbours electoral area from among their own number;
(f) eight persons to be elected by shipowners of Peterhead as hereinafter provided from their own number.
(2) The trustees shall continue to be a body corporate under the name of “The trustees of the habours of Peterhead”.
(1) The existing trustees shall remain in office until the appointed day and shall then go out of office:
Provided that any such trustee going out of office may, if qualified, be elected or appointed under the provisions of this Order.
(2) On and after the passing of the Act confirming this Order and until the appointed day the power and duty of carrying into effect the provisions of this Order shall be vested in and performed by the existing trustees.
(3) On and after the appointed day the power and duty of carrying into effect the provisions of this Order shall be vested in and performed by the trustees.
(1) During the month of November 1992 the regional council and the district council shall each appoint one member of their council to take office as a trustee on the appointed day and, subject to the provisions of this Order, the persons so appointed shall hold office for one year.
(2) Subsequent appointments of trustees by the regional council and the district council shall take place in the month of December each year and the persons so appointed shall, subject to the provisions of this Order, hold office for the following calendar year.
(3) A trustee appointed by the regional council or the district council under subsections (1) and (2) of this section shall cease to be a trustee when he retires at the end of his term of office as a councillor in terms of section 4(3) of the [1973 c. 65.] Local Government (Scotland) Act 1973 or otherwise ceases to be a councillor unless, in the case of a councillor retiring on the day of the ordinary election of councillors, he be re-elected as a councillor at the said election.
(4) Subject to the provisions of this Order, trustees appointed under the provisions of subsections (1) and (2) of this section may be re-appointed for a further term of office.
(1) The three persons to be elected trustees from the register of electors shall be qualified and elected as hereinafter provided.
(2) The first election of such trustees shall take place during the period 1st November to 31st December 1992 and the trustees so elected shall take office on the appointed day.
(3) Of the trustees so elected, the trustee who shall have received the smallest number of votes shall go out of office on 31st December 1993, the trustee who shall have received the next smallest number of votes shall go out of office on 31st December 1994 and the remaining trustee shall go out of office on 31st December 1995.
(4) Between 1st November and 31st December in each year after the first election, the said electors shall elect one person to fill the place of the trustee elected by them next going out of office and the trustee so to be elected shall take office on the following 1st January and shall hold office for a period of three years.
(5) Any trustee elected as aforesaid may, if qualified, be re-elected.
Every person whose place of residence, as recorded in the register of electors on or before 31st August preceding an election, is within the Peterhead harbours electoral area shall be qualified to be elected a trustee and to be an elector and to vote at the election of trustees by persons appearing in the register of electors.
(1) The three persons to be elected trustees from the valuation roll shall be qualified and elected as hereinafter provided.
(2) The first election of such trustees shall take place during the period 1st November to 31st December 1992 and the trustees so elected shall take office on the appointed day.
(3) Of the trustees so elected the trustee who shall have received the smallest number of votes shall go out of office on 31st December 1993, the trustee who shall have received the next smallest number of votes shall go out of office on 31st December 1994 and the remaining trustee shall go out of office on 31st December 1995.
(4) Between 1st November and 31st December in each year after the first election the said electors shall elect one person to fill the place of the trustee elected by them next going out of office and the trustee so to be elected shall take office on the following 1st January and shall hold office for a period of three years.
(5) Any trustee elected as aforesaid may, if qualified, be re-elected.
(1) Every person whose name appears in the valuation roll on 31st August preceding an election as a ratepayer in respect of non-domestic property within the Peterhead harbours electoral area shall be qualified to be elected a trustee and to be an elector and to vote at the election of trustees by persons appearing in the valuation roll.
(2) Where a firm consisting of two or more partners or a company appears in the valuation roll as hereinbefore provided as a ratepayer in respect of non-domestic property within the Peterhead harbours electoral area, the said firm or company or the manager or other principal officer of such firm or company may on or before 15th September in each year intimate in writing to the trustees or to the chief executive the name of the partner of such firm or shareholder or director of such company who shall be qualified to be elected a trustee and to be an elector under the provisions of this section.
(3) Where two or more persons appear jointly in the valuation roll as hereinbefore provided as ratepayers in respect of non-domestic property within the Peterhead harbours electoral area, only one of them may be elected a trustee and be an elector in respect of that property and they may, on or before 15th September in each year, intimate in writing to the trustees or to the chief executive which of them shall be qualified so to be elected and to be an elector under the provisions of this section, failing which the person whose name first appears in the valuation roll in respect of that property shall be taken to be the person so qualified.
(1) The eight persons to be elected trustees by the shipowners of Peterhead shall be qualified and elected as hereinafter provided.
(2) The first election of such trustees shall take place during the period 1st November to 31st December 1992 and the trustees so elected shall take office on the appointed day.
(3) Of the trustees so elected the two trustees who shall have received the smallest number of votes shall go out of office on 31st December 1993, the two trustees who shall have received the next smallest number of votes shall go out of office on 31st December 1994, the two trustees who shall have received the next smallest number of votes shall go out of office on 31st December 1995 and the remaining two trustees shall go out of office on 31st December 1996.
(4) Between 1st November and 31st December in each year after the first election the said electors shall elect two persons to fill the places of the trustees elected by them next going out of office and the trustees so to be elected shall take office on the following 1st January and shall hold office for a period of four years.
(5) Any trustee elected as aforesaid may, if qualified, be re-elected.
(1) Every person—
(a) whose name shall appear on 1st September preceding the election in the register of shipping under Part I of the [1894 c. 60.] Merchant Shipping Act 1894 or in the register of British fishing vessels under Part II of the [1988 c. 12.] Merchant Shipping Act 1988 as owner, or part owner to the extent of at least four sixty-fourth shares, of a ship or vessel of not less than 35 feet overall length, and
(b) who for the 12 calendar months prior to 1st September preceding the election shall have been recorded in the register of electors as a person resident within the Peterhead harbours electoral area, or in the valuation roll as a ratepayer in respect of non-domestic property within the said area,
shall be qualified to be elected a trustee and to be an elector and to vote at the elections of trustees by shipowners of Peterhead:
Provided that, however many vessels or shares in a vessel any such person may own, he may vote only once at any such election.
(2) Where a firm consisting of two or more partners or a company is registered in either the said register of shipping or the said register of British fishing vessels as the owner or part owner of any such ship or vessel and is recorded in the valuation roll as a ratepayer in respect of non-domestic property, the said firm or company or the manager or other principal officer of such firm or company may on or before 1st September in each year intimate in writing to the trustees or to the chief executive the name of a partner of such firm or shareholder or director of such company who shall be qualified to be elected a trustee and to be an elector under the provisions of this section.
(1) In the month of September in every year the chief executive shall make up or provide a list of persons qualified to elect and be elected trustees and shall certify the same.
(2) On or before 30th September in each year the chief executive shall cause the said list to be made available for inspection at the harbour office.
Any person considering himself qualified to be elected a trustee or to be an elector, whose name is not included in the said list may within 21 days of the date of publication of the list apply to the chief executive who, if he sees fit, may add the name of such person to the list and, if the chief executive refuses or neglects to add the name to the list, such person may petition the sheriff within three days after intimation of such refusal and the sheriff shall forthwith hear and decide the petition in a summary manner without written record or pleadings.
(b) The decision of the sheriff shall be final and the sheriff may order the list of electors to be amended in conformity with his decision and may make such order as to the expenses of the petition as he thinks fit.
The provisions of Schedule 1 to this Order shall have effect with respect to the elections of trustees.
In the event of circumstances arising in connection with any election authorised by this Order which may render it necessary or expedient to fix, postpone, alter, vary or dispense with any date or procedure prescribed by or in pursuance of the provisions of this Order or any other matter arising thereunder, the sheriff may on a petition by the trustees or the chief executive forthwith fix, postpone, alter, vary or dispense with any such date, procedure or other matter in such manner as may in his judgment be best fitted to meet the circumstances of the case and the sheriff’s determination thereof and of the procedure following upon such determination shall be final.
(1) A person shall be disqualified from being nominated, appointed or elected and from being or continuing to be a trustee if and while he—
(a) is not an elector or does not appear as such on the appropriate register of electors;
(b) being a trustee fails to attend any meeting of the trustees for a period of six consecutive months without leave of absence from the trustees;
(c) is an adjudged bankrupt under the [1985 c. 66.] Bankruptcy (Scotland) Act 1985;
(d) holds any office employment or place of profit in the gift or disposal of the trustees;
(e) has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by, or on behalf of, the trustees provided that a person shall not be so disqualified or be deemed to have any share or interest in such a contract or employment by reason only of his having any share or interest in—
(i) any agreement for the loan of money or any security for the payment of money only;
(ii) any newspaper in which any advertisement relating to the affairs of the trustees is inserted;
(iii) any annual contract with the trustees at their published rates for contract work; or
(iv) any company.
(2) In the event of any disqualified person being elected a trustee or in the event of any trustee after being duly elected becoming disqualified in accordance with the provisions of this section his office shall be vacated and he shall not be entitled to vote or in any way act as a trustee.
Any person who shall personate any elector at any election of trustees in pursuance of this Order or falsely act in the name or on behalf of any person entitled to vote, or who shall give more than one vote in the election of any of the several classes of trustees, or who shall vote without being duly qualified according to the provisions of this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) If an elected trustee dies, resigns or becomes disqualified or declines or refuses or becomes incompetent to act, or otherwise ceases to be a trustee from any cause other than that of going out of office in regular course, as aforesaid, the vacancy thereby created shall be filled in manner following, that is to say, the remaining trustees may elect a person duly qualified in his stead, and in every case the trustee so substituted shall be of the class of electors to which the elector in whose stead he shall be so elected shall belong or have belonged, and shall continue in office for the period that the person in whose place he is elected would in the ordinary course have continued, and at the expiration thereof he shall go out of office, but shall be eligible for re-election.
(2) If an appointed trustee dies, resigns or becomes disqualified or declines or refuses or becomes incompetent to act, or otherwise ceases to be a trustee from any cause other than that of going out of office in regular course, as aforesaid, the vacancy hereby created shall be filled in manner following, that is to say, the council who appointed such trustee shall, with due regard to the provisions of section 6 (Appointment of trustees by regional and district councils) of this Order, appoint in his stead one of themselves and in every case the trustee so substituted shall continue in office for the period that the person in whose place he is appointed would in the ordinary course have continued in office and at the expiration thereof he shall go out of office but shall, subject to the provisions of section 6 (3) of this Order be eligible for re-appointment.
Peterhead Harbours Order Confirmation Act 1992 (C. Xii)