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The Peterhead Port Authority Harbour Revision Order 2026

Sections33
2026 No. 179

HARBOURS, DOCKS, PIERS AND FERRIES

The Peterhead Port Authority Harbour Revision Order 2026

Made1st April 2026
Coming into force2nd April 2026
The Scottish Ministers (“the Ministers”) make the following Order in exercise of the powers conferred by sections section 14(1), (2A) and (3) of the Harbours Act 19641 and all other powers enabling them to do so.
In accordance with section 14(1) of that Act, this Order is made in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, for achieving objects specified in schedule 2 of that Act2.
In accordance with section 14(2) of that Act—
  1. this Order is made following a written application to the Ministers by Peterhead Port Authority (“the Authority”), being the authority engaged in improving, maintaining or managing the harbour, and
  2. the Ministers are satisfied that the making of this 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 economic transport of goods by sea.
In accordance with section 14(2A) of that Act, the objects for achieving which this Order is made include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour.
In accordance with paragraph 4 of schedule 3 of that Act3, the Ministers have decided that the application relates to a project which falls within Annex II to Council Directive 2011/92/EU4 of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment but, taking into account the criteria set out in Annex III to that Directive, that the project is not a relevant project.
In accordance with paragraph 5 of that schedule5 the Ministers have informed the Authority in writing that the application relates to a project which falls within Annex II to that Directive but is not a relevant project.
Notice has been published by the Authority in accordance with the requirements of paragraph 10 of schedule 3 of that Act6.
No objections to the application have been made.
In accordance with paragraph 19(1)7 of that schedule, the Ministers have considered any representations made under paragraph 10(2)(f) of that schedule.
In accordance with paragraph 19(6) of that schedule, the Ministers have decided to make this Order with modifications which do not appear to the Ministers substantially to affect the character of the Order.

Part 1 Preliminary

1 Citation and commencement

1 This Order may be cited as the Peterhead Port Authority Harbour Revision Order 2026 and comes into force on the day after the day on which it is made.
2 The Peterhead Port Authority Orders 1983 to 2015 and this Order may be cited together as the Peterhead Port Authority Orders 1983 to 2026.

2 Interpretation

1 In this Order—
  • “the 1847 Act” means the Harbours, Docks, and Piers Clauses Act 18478,
  • “the 1964 Act” means the Harbours Act 19649,
  • “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 199210,
  • “the 1995 Act” means the Merchant Shipping Act 199511,
  • “the 1997 Act” means the Town and Country Planning (Scotland) Act 199712,
  • “the 1998 Act” means the Scotland Act 199813,
  • “the 2005 Order” means the Peterhead Port Authority Harbour (Constitution) Revision Order 200514,
  • “the Authority” means Peterhead Port Authority, whose offices are located at Harbour Office, West Pier, Peterhead, Aberdeenshire AB42 1DW,
  • “the Commissioners of Northern Lighthouses” means the general lighthouse authority for Scotland, a body corporate constituted by section 193 of, and schedule 815 of, the 1995 Act,
  • “deposited plan” means the plan referred to in articles 5 and 6 which is signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Plan” and which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,
  • “harbour limits” means the limits of the port as defined in article 4,
  • “harbour limits plan” means the plan signed in duplicate with reference to this Order and marked “the Peterhead Port Authority Harbour Revision Order 2026 Harbour Limits Plan” which is deposited at the offices of the Scottish Ministers at Victoria Quay, Edinburgh EH6 6QQ and at the offices of the Authority,
  • “harbour master” means any person appointed as such by the Authority, and includes the harbour master’s duly authorised deputies and assistants and any other person for the time being authorised by the Authority to act, either generally or for a specific purpose, in the capacity of harbour master,
  • “level of high water” means the level of mean high water springs,
  • “limits of deviation” means the limits of deviation shown delineated in red on the deposited plan,
  • “the Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,
  • “master” in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being,
  • “the Ministers” means the Scottish Ministers,
  • “port” means the Port of Peterhead as comprised within the harbour limits,
  • “tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water,
  • “undertaking” means the port undertaking for the time being of the Authority,
  • “vessel” means a ship, boat, raft or craft of any description however propelled or moved, and includes a displacement craft, a non-displacement craft, a watercraft, a sea plane on the surface of the water, a hydrofoil vessel or any other amphibious vehicle and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily),
  • “watercraft” means a watercraft intended for sports and leisure purposes of less than 4 metres in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull, and
  • “works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to article 5 (power to construct works) or article 7 (subsidiary works).
2 In this Order, all areas, directions, distances, lengths, widths, heights and grid references as stated in any description of works, powers or lands other than article 6 (power to deviate) shall be construed as if the words “or thereabouts” were inserted after each such area, direction, distance, length, width, height and grid reference and any reference in a description of works to a point shall be a reference to that point on the deposited plan.
3 Any reference in this Order to a work identified by a number is a reference to the work of that number authorised by this Order.

Part 2 Constitution of the Authority

3 Terms of office of subsequent members of the Authority

1 The 2005 Order is amended as follows.
2 For article 7 substitute—
.

Part 3 Duties and Powers of the Authority

4 Limits of port

1 The limits of the port within which the Authority exercise jurisdiction as the harbour authority within the meaning of section 57 of the 1964 Act and within which the powers of the harbour master are exercisable, are—
a the seaward limits, being the area of Peterhead Bay and Peterhead Harbour shown delineated in red on the harbour limits plan, and
b the port land, being the area (together with existing or future works) shown shaded pink on the harbour limits plan.
2 The port land referred to in paragraph (1)(b) shall be deemed to be operational land within the meaning and for the purposes of the 1992 Order and the 1997 Act16.
3 The limits within which the provisions of the Peterhead Port Authority Orders 1983 to 2015 and this Order and any other prior Orders are to apply shall comprise the limits of the port defined in paragraph (1), and accordingly any reference to the port or Harbour or harbour or harbours or harbour limits contained in those Orders or in any byelaws, order, regulations or directions made under them shall be construed as a reference to those limits.

Part 4 Works

5 Power to construct works

1 The Authority may in the lines and situations and upon the lands indicated on the deposited plan and within the limits of deviation and according to the levels shown on the deposited plan, construct and maintain the following works, with all necessary works and conveniences connected with them—
  • Work No. 1 — An extension and deepening of the existing berth pocket at Smith Quay by means of excavation, including drilling and blasting, to a depth of 10 metres below Chart Datum (“CD”), and a width of up to 30m (excluding side slopes) of that part of Smith Quay and seabed shown on the deposited plan with a seaward extent between [E413256, N845726] & [E413124, N845723].
  • Work No. 2 — Reclamation by infilling up to 3,500 square metres of land to the north west of the existing Smith Quay and to the north of Work No. 4 to form an area of hardstanding and having rock armoured revetted slopes and retaining wall on the seaward side to a level of 7.2m above CD, the location of which is shown on the deposited plan with a seaward extent between [E413272, N845763] & [E413179, N845781].
  • Work No. 3 — Partial demolition of the existing Smith Quay berthing dolphin (including removal of the associated walkway) at the location [E413233, N845760] shown on the deposited plan.
  • Work No. 4 — Construction of an open piled jetty extension of the existing Smith Quay comprising a deck supported on piles commencing on the western end of the existing Smith Quay at a point at [E413272, N845758], extending for a distance of up to 85 metres and terminating at a point at [E413188, N845756] having a width of up to 30 metres and to a level of 6.2m above CD, the location of which is shown on the deposited plan.
  • Work No. 5 — Construction of a piled mooring dolphin to a level of 6.2m above CD accessed by steel walkway extending for a distance of up to 30 metres from the western end of the new Smith Quay (Work No. 4), terminating at a point at [E413160, N845764], the location of which is shown on the deposited plan.
2 The Authority may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and enclose and reclaim so much of the bed of the port and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking of the Authority, and so much of the seabed of the port and of the foreshore as may be reclaimed shall be deemed to be operational land within the meaning and for the purposes of the 1992 Order and section 215 of the 1997 Act.
3 The Authority may, within the limits of deviation, renew, reconstruct, extend, enlarge, replace, relay or otherwise alter the works authorised by paragraph (1) and may maintain the same as renewed, reconstructed, extended, enlarged, replaced or relaid.

6 Power to deviate

In carrying out the works authorised by article 5 (power to construct works) the Authority may—
a in respect of Works Nos. 1, 2, 4 and 5, deviate laterally from the lines or situations of those works as shown on the deposited plan to any extent not exceeding the limits of deviation,
b in respect of Works Nos. 2, 4 and 5, deviate vertically from the levels of the works to any extent not exceeding 3 metres upwards and to such extent downwards as may be necessary or convenient, and
c in respect of Work No. 1, deviate vertically from the levels of the works to any extent not exceeding 3 metres downwards and to such extent upwards as may be necessary or convenient.

7 Subsidiary works

The Authority may from time to time within the harbour limits construct, maintain and operate, whether temporarily or permanently, such other works as may be necessary or convenient for the purposes, or in connection with or in consequence of, the construction, maintenance or use of the works, including—
a works for the accommodation or convenience of vessels or for the loading and unloading of goods and the embarking and landing of passengers,
b works to alter the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical lines and telecommunications apparatus,
c works to remove, demolish or decommission the works as the Authority deems appropriate,
d carrying out and maintaining works for the benefit or protection of persons or subjects affected by the works, and
e such other works as the Authority may deem necessary or desirable to mitigate any adverse effects of the construction, installation or maintenance of the works.

8 Power to dredge

1 Without prejudice to any other powers which may be exercisable by the Authority within the port the Authority may, for the purposes of constructing and maintaining the works or the harbour or the port and of affording access to the port and the works by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the port as lie within the harbour limits and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the 1995 Act), from time to time dredged by them.
2 No such materials shall be laid down or deposited—
a in contravention of the provisions of any enactment as respects the disposal of waste, or
b in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Ministers.

9 Obstruction of works

Any person who intentionally obstructs any person acting under the authority of the Authority in setting out the lines of or in constructing or executing the works or who interferes with, damages, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

10 Works to be deemed part of undertaking

The works shall be deemed for all purposes to be part of the undertaking and the Peterhead Port Authority Orders 1983 to 2026 together with all byelaws, directions, rules and regulations of the Authority for the time being in force relating to the undertaking shall apply to the works and may be enforced by the Authority accordingly.

11 Tidal works not to be executed without approval of the Scottish Ministers

1 A tidal work shall not be demolished, constructed, renewed, reconstructed or altered except in accordance with plans and sections approved by the Ministers and subject to any conditions and restrictions imposed by the Ministers before the work is begun or while work is still in progress.
2 If a tidal work is demolished, constructed, renewed, reconstructed or altered in contravention of this article or of any condition or restriction imposed under this article—
a the Ministers may by notice in writing require the Authority at their own expense to remove the tidal work or any part of it and restore the site of the tidal work to its former condition, and if on the expiration of 30 days from the date when the notice is served upon the Authority they have failed to comply with the requirements of the notice, the Ministers may execute the works specified in the notice, or
b if it appears to the Ministers urgently necessary to do so—
i they may themselves remove, alter or reconstruct the tidal work, or any part of it and restore the site to its former condition, and
ii any expenditure incurred by the Ministers in so doing shall be recoverable from the Authority as a debt.

12 Survey of tidal works

The Ministers may at any time if they deem it expedient order a survey and examination of a tidal work or a site upon which it is proposed to construct the work and any expense incurred by them in such a survey and examination shall be recoverable from the Authority as a debt.

13 Provision against danger to navigation

1 In the case of injury to, or destruction or decay of, a tidal work or any part thereof, the Authority shall as soon as practicable notify the Commissioners of Northern Lighthouses and the Maritime and Coastguard Agency and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses and the Maritime and Coastguard Agency shall from time to time direct.
2 If the Authority fail to comply in any respect with the provisions of this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

14 Abatement of works abandoned or decayed

1 Where a tidal work is abandoned or falls into decay the Ministers may by notice in writing require the Authority at the Authority’s own expense either to repair and restore the work or any part of it, or to remove the work and restore the site of the work to its former condition, to such an extent and within such limits as the Ministers think proper.
2 Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or allowed to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Ministers may include that part of the work or any portion of it, in any notice under this article.
3 If, on the expiry of 30 days from the date when a notice under this article is served upon the Authority they have failed to comply with the requirements of the notice, the Ministers may execute the works specified in the notice and any expenditure incurred by them in so doing shall be recoverable from the Authority as a debt.

15 Lights on tidal works during construction

1 During the whole time of the demolition, construction, renewal, reconstruction or alteration of a tidal work the Authority shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2 If the Authority fails to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

16 Permanent lights on tidal works

1 After completion of a tidal work the Authority shall at the outer extremity thereof every night from sunset to sunrise exhibit such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2 If the Authority fails to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

17 Period for completion of works

1 Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order or such extended time as the Ministers may on the application of the Authority allow by consent in writing, then on the expiration of that period or such extended time (as the case may be) the powers granted to the Authority by this Order for making and maintaining the works shall cease to have effect unless the works have been substantially commenced.
2 As soon as reasonably practicable after any consent is given under paragraph (1), the Authority shall arrange for a notice to be published in the Edinburgh Gazette and in a local newspaper circulating in the area where the port is situated and the notice shall contain a summary of the effect of that consent.
3 During the period of one month beginning with the date on which any notice is published in a local newspaper under paragraph (2), the Authority shall keep a copy of the consent referred to in that notice open to public inspection at their principal office at all reasonable hours, without payment.
4 The works shall be deemed to have been substantially commenced for the purposes of paragraph (1) where so much of Work No. 2 has been carried out as is necessary to enable the other works to be constructed, maintained and managed as a port for the efficient and economic transport of goods or passengers by sea.
5 Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 5 (power to construct works) or article 7 (subsidiary works).

18 Works to be within area of Aberdeenshire Council

The works shall, to the extent that they lie outwith the area of the Aberdeenshire Council, be annexed to and incorporated within that area.

Part 5 Temporary closure of parts of port

19 Temporary closure of area of works

1 For the purpose of carrying out the works the Authority may, irrespective of anything in any enactment, temporarily close the area of works to vessels at such places within the port as the Authority consider necessary.
2 The area of works shall only be closed to vessels for such period as is reasonably required for the purposes specified in paragraph (1) of this article.

20 Removal of vessels from area of works

1 Before exercising the power conferred on them by article 19 (temporary closure of area of works) to close the area of works temporarily to vessels, the Authority shall—
a publish a notice of the intention to temporarily close part of the port in the Edinburgh Gazette and once in each of two successive weeks in a local newspaper circulating in Peterhead, with an interval between the dates of publication of not less than six clear days,
b display a notice of the intention to close part of the port temporarily in a visible position in the port, and
c notify the Ministers in writing of the Authority’s intention temporarily to close part of the port.
2 Each of the notices shall—
a state that the Authority intend to close the area of works temporarily to vessels, and
b specify the date and time, which shall be a date and time not earlier than 30 days after the date of the latest of the three publications referred to in paragraph (1)(a) above by which all vessels must be removed from the area of works.
3 If the master of any vessel within the area of works does not remove the vessel before the date and time specified in paragraph 2(b), the harbour master may cause that vessel to be removed from the area of works and moored or laid in any other place where it may without injury be moored or laid and any expenditure incurred by the Authority in removing that vessel shall be recoverable from the master of that vessel.
4 The powers conferred on the harbour master and the Authority by this article are in addition, and without prejudice, to the powers relating to the removal of vessels conferred upon them by sections 64 and 65 of the 1847 Act.

21 Vessels entering the area of works after date of closure

If any vessel enters the area of works after the date specified in a notice under article 20 (removal of vessels from area of works) during the period of temporary closure the harbour master may direct the master of the vessel immediately to remove the vessel from the area of works, and if the master of that vessel does not immediately comply with such directions, the provisions of paragraphs (3) and (4) of article 20 shall apply to and in respect of that vessel as if the vessel had been within the area of works before the date specified in paragraph 2(b) of article 20.

Part 6 Miscellaneous

22 Defence of due diligence

1 In proceedings for an offence under any provision of this Order mentioned in paragraph (2) it shall be a defence for the Authority to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2 The provisions referred to in paragraph (1) are—
a article 13 (provision against danger to navigation),
b article 15 (lights on tidal works during construction), and
c article 16 (permanent lights on tidal works).
3 If in any case the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, the Authority shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 7 clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.

23 Saving for Commissioners of Northern Lighthouses

Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of the Commissioners of Northern Lighthouses.

24 Crown rights

1 Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to that generality, nothing in this Order authorises the Authority to take, use, enter upon or in any manner interfere with any land or any rights of whatsoever description (including any portion of the shore or bed of the sea or any river, channel, or bay)—
a belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners,
b belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land or (as the case may be) the relevant person, or
c belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.
2 A consent under paragraph (1) may be given unconditionally or subject to terms and conditions, and shall be deemed to have been given in writing where it is sent electronically.
3 In this article—
a “government department” includes any part of, or any member of the staff of, the Scottish Administration (which shall have the same meaning as in section 126(6) of the 1998 Act), and
b “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the 1998 Act applies, means the person who manages that property, or those rights and interests.

25 Repeals and revocations

The enactments mentioned in the first and second columns of the schedule (which include spent enactments) are repealed or revoked to the extent specified in the third column of that schedule.

Schedule 

Repeals and revocations

Article 25

NumberShort TitleExtent of repeal or revocation
S.I. 1983/316The Peterhead Bay Harbour Trust and Transfer Order 1983Schedules 2 and 6
1986 c. vPeterhead Harbours (South Bay Development) Order 1985 (as confirmed by the Peterhead Harbours (South Bay Development) Order Confirmation Act 1986)Section 3(b)
1992 c. xiiPeterhead Harbours Order 1992 (as confirmed by the Peterhead Harbours Order Confirmation Act 1992)Section 32
S.I. 2002/294The Peterhead Bay Authority (Constitution) Revision Order 2002Article 13

Footnotes

  1. 1
    1964 c. 40. Section 14 was relevantly amended by the Transport Act 1981 (c. 56), schedule 6, paragraphs 2, 3, 4(1) and 14 and schedule 12 and the Transport and Works Act 1992 (c. 42), schedule 3, paragraph 1. See section 14(7) and 57(1) of the Harbours Act 1964 for the definitions of “the appropriate Minister” and “the Minister”. The functions of the Minister of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
  2. 2
    Schedule 2 was relevantly amended by the Transport and Works Act 1992 (c. 42), schedule 3, paragraph 9.
  3. 3
    Paragraph 4 was substituted by S.I. 2017/1070 and amended by S.I. 2020/460.
  4. 4
    OJ No. L 26, 28.1.2012, p.1, as relevantly amended by Council Directive 2014/52/EU (OJ No. L. 24, 25.4.2014, p. 1).
  5. 5
    Paragraph 5 was substituted by S.I. 2017/1070.
  6. 6
    Paragraph 10 of Schedule 3 was substituted by S.I. 1999/3445 and is amended by the Transport and Works (Scotland) Act 2007 (asp 8), section 25(5)(b) and (c). Schedule 3 is also amended by S.I. 2017/170, schedule 1, paragraph 80.
  7. 7
    Paragraph 19 of schedule 3 was substituted by S.I. 2017/1070.
  8. 8
    1847 c. 27.
  9. 9
    1964 c. 40.
  10. 10
    S.I. 1992/223.
  11. 11
    1995 c. 21.
  12. 12
    1997 c. 8.
  13. 13
    1998 c. 46.
  14. 14
    S.I. 2005/491.
  15. 15
    Schedule 8 was amended by section 55 of the Scotland Act 2016 (c. 11).
  16. 16
    1997 c. 8. “Operational land” is defined in section 215 of the 1997 Act. There are amendments to section 215 which are not relevant to this Order.