Statutory Instruments
1995 No. 2380 (S.177)

HARBOURS, DOCKS, PIERS AND FERRIES
The Shetland Islands Council (West Burrafirth) Harbour Revision Order 1995

Made
4th September 1995

Coming into force
8th September 1995

The Secretary of State, in exercise of the powers conferred on him by section 14 of the Harbours Act 1964 (1) (being the appropriate Minister under section 14(7) of that Act for the purpose of making this Order) and of all other powers enabling him in that behalf, on the written application of the Shetland Islands Council, and being satisfied that the making of the Order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Shetland Islands Council (West Burrafirth) Harbour Revision Order 1995 and shall come into force on 8th September 1995.

Application of Zetland County Council Act 1974 to additional area

2.  Schedule 1 to the Zetland County Council Act 1974(2) is amended by adding at the end of Part II the following area:—

“WEST BURRAFIRTH AREA

The tidal waters of West Burrafirth inlet on St. Magnus Bay, the seaward boundary whereof is a straight line in a north-easterly direction from low water mark on the most northerly point on Snarra Ness (latitude 60°18'07"N, longitude 01°34'27"W) to low water mark on the most northerly point on the Head of Onibery (latitude 60°18'23"N, longitude 1°32'54"W).”.

James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th September 1995

Explanatory Note

(This note is not part of the Order)
Shetland Islands Council exercises jurisdiction as harbour authority under the Zetland County Council Act 1974 in respect of areas specified in Schedule 1 to that Act. It also exercises jurisdiction in respect of an existing marine work at West Burrafirth by virtue of the Harbours, Piers and Ferries (Scotland) Act 1937 (c. 28).
The Council wishes to extend its undertaking under the said Act of 1974 so as to include an area at West Burrafirth in which the marine work is situated.
The Order establishes a new harbour area at West Burrafirth within which the Council will exercise harbour jurisdiction pursuant to section 6 of the Zetland County Council Act 1974 and within which the other provisions of that Act will apply.
The powers of the 1974 Act will enable the Council to improve, maintain and manage the new harbour area.
The applicant for this Order is Shetland Islands Council, Town Hall, Lerwick, Shetland.


(1)
1964 c. 40; section 14 was amended by the Transport Act 1981 (c. 56), section 18 and Schedule 6, paragraphs 2,3,4(1) and 14 and by the Transport and Works Act 1992 (c. 42), section 63 and Schedule 3, paragraph 1.

(2)
1974 c.viii; Schedule 1 is to be read with section 6 of the Act; section 6 was amended by section 3(2) and Schedule 1 by section 3(3) of the Shetland Islands Council Order 1979 (confirmed by 1979 c.v) and Schedule 1 was further amended by article 3 and the Schedule to The Sullom Voe Harbour Revision Order 1980 (1981 No. 125); and by section 2(2) and Schedule 1 to the Shetland Islands Council Order 1985 (confirmed by 1985 c.xxxii); and by article 2 of the Shetland Islands Council (North Haven, Fair Isle) Harbour Revision Order 1992 (1992 No. 1977).