Ardersier Port Limited (Pilotage Powers) Order 2024
Decision letter
Jamie Grant
Partner
Shepherd and Wedderburn LLP
9 Haymarket Square
Edinburgh EH3 8FY
Dear Jamie
- I refer to the application submitted on behalf of your client, Ardersier Port Limited, to enact the Ardersier Port Limited (Pilotage Powers) Order 2024 (the Order) under Section 1 (as read with section 1A) of the Pilotage Act 1987. This letter conveys the Ministers’ decision following their consideration of the application.
Purpose of the Order
- This Order provides that Ardersier Port Limited become a Competent Harbour Authority (CHA) for the purposes of the Pilotage Act 1987. A CHA is a harbour authority which has statutory pilotage powers, granted under the Pilotage Act 1987. Pilotage means that a skilled marine pilot with local knowledge of a harbour area can board and manoeuvre ships through a CHA area. This is common for ports where such knowledge is needed to ensure a ship’s safe passage.
- This Order is required for Port of Ardersier in the interest of safety and in the interests of the avoidance of economic or physical damage to the port facilities, to ensure safe pilotage to any vessels arriving in their waters.
Application process
- Ardersier Port Limited submitted a formal application to become a CHA in respect of the Port of Ardersier on 1 July 2024. Public notices were placed in the Edinburgh Gazette and the Inverness Courier on 5 July 2024. The 42-day statutory notice period ended on 30 August 2024 with no objections received.
Legislative position
- Article 1(3) of the Pilotage Act 1987 stipulates that, when determining whether a CHA should be granted pilotage powers, the appropriate Minister should consider whether said powers are granted in the interests of efficiency and safety of navigation.
- Our assessment is that the proposed Order is conductive to improving the efficiency and safety of navigation of the Port of Ardersier.
Laying before Parliament
- Article 1(8) of the Pilotage Act 1987 stipulates that the making of a Pilotage order is subject to special parliamentary procedure, and the Order was laid before the Scottish Parliament on 19 December 2024.
- Parliamentary approval has been granted, and the Order came into force today,
Monday 20 January 2025, as a Scottish Statutory Instrument.
Convention on the Rights of the Child
- In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, the Scottish Ministers certify that, in their view, the Order is compatible with the Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 requirements as defined by section 1(2) of that Act.
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 Transport Scotland.
- 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
Statement of Compatibility
In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, the Ardersier Port Limited (Pilotage Powers) Order 2024 is compatible with the UNCRC requirements as defined by section 1(2) of the Act.
Child Rights and Wellbeing Impact Assessment
Brief Summary
Type of proposal (Please delete as necessary):
Scottish Statutory Instrument
Name the proposal, and describe its overall aims and intended purpose.
Ardersier Port Limited (Pilotage Powers) Order 2024
Key term definitions:
- Authorise – to give official permission for something to happen, or to give someone official permission to do something.
- Competent Harbour Authority – a harbour authority in the United Kingdom that has the legal power to regulate the safety of navigation and shipping movements within its harbour.
- Pilot – a person who does not belong to a ship but who takes charge of the conduct of a ship in order to guide it through harbours and other waterways.
- Port Marine Safety Code – published by the Government in March 2000, the Code establishes an agreed national standard for port marine safety, and formalises the duties and responsibilities for safety and environmental protection within UK ports and harbours.
- Prohibition – to officially and legally not allow
- Restriction – to officially and legally limit something.
Ardersier Port facilities are designed for the use by vessels (ships) involved in the development of offshore wind as well as general cargo vessels and are not intended to be used by leisure craft. The port will be available for use for assembly, storage, modification and dispatch of offshore wind components and structures and also for fabrication, hull launch and turbine integration. The types of vessels which will use the Port are anticipated to be offshore installation vessels, semi-submersible carriers and General Cargo vessels (as well as associated tugs and pilot vessels).
The Ardersier Port Limited (Pilotage Powers) Order 2024 provides that Ardersier Port Limited is to be a competent harbour authority for the purposes of the Pilotage Act 1987 in respect of the harbour of Ardersier. This will allow Ardersier Port Limited to regulate the provision of pilot services within its area in order to secure safe navigation. Without this order the port will not have the power to do this.
This order will allow Ardersier Port Limited to regulate the provision of pilots to go on board a ship and steer it in. Authorised Pilots will be familiar with the difficult channels and the tides and obstacles in the harbour and so their provision will improve the safety of the port by avoiding potential accidents. It will also give the port the powers to control traffic within and in the surrounding waters of the port. As the Port accommodates large ships carrying large components for wind farms, this power is essential to prevent accidents and collisions in the port and surrounding waters.
Start date of proposal’s development: 1 July 2024
Start date of CRWIA process: 27 September 2024
1. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?
This order relates to the provision of pilotage in an industrial Port. The Port is fully secured and covered by the Port Marine Safety Code. There is no access for unauthorised people and is not an area where children are permitted. The site is also located in an area with no surrounding inhabitants and does not relate to or restrict access to any facilities children use.
This Order establishes Ardersier Port Limited as a competent harbour authority and confer powers on that body in relation to the provision of pilotage services in 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.
2. 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
3. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed
No.
4. Analysis of Evidence
N/A
5. What changes (if any) have been made to the proposal as a result of this assessment?
N/A
Conclusion
6. 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.
7. 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
8. If a negative impact has been identified please describe it 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 a negative impact or potential incompatibility?
Issue or risk identified and relevant UNCRC requirement
N/A
Action Taken/ To Be Taken
N/A
Date action to be taken or was taken
N/A
9. 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?
Safe: Not Applicable
Healthy: Not Applicable
Achieving: Not Applicable
Nurtured: Not Applicable
Active: Not Applicable
Respected: Not Applicable
Responsible: Not Applicable
Included: Not Applicable
No. As stated above, this order is on an industrial site, 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.
10. 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
11. 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.
12. 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: 27 September 2024