Citation and commencement

1. This Order may be cited as the Stornoway Harbour Revision Order 1995 and shall come into force on 14th March 1995.

Amendment of Stornoway Harbour Order 1976

2.-(1) Section 2(1) of the Stornoway Harbour Order 1976(3) is amended by inserting in the definition of "the burgh" after the word "divisions" where it secondly occurs the words "or on and after 1st April 1996 any electoral wards".

(2) Section 5 of the said Order is amended as follows:-

(a)in subsection (1)(b)-

(i)after the word "divisions" there shall be inserted "or wards"; and

(ii)the words "and so far as possible ratepayers in respect of property within the burgh;" shall be omitted;

(b)in subsection (1)(c)-

(i)after the word "persons" there shall be inserted "of voting age"; and

(ii)the words ", and being ratepayers in respect of property within" and the words "(as evidenced by the Valuation Roll for the time being)," shall be omitted;

(c)in subsection (1)(e)-

(i)after the word "persons" there shall be inserted "of voting age"; and

(ii)the words ", and being ratepayers in respect of property within," shall be omitted; and

(d)after subsection (1) there shall be inserted the following subsection:-

"(1A) For the purposes of subsection (1) of this section a person shall be deemed to be resident within the burgh at the time of a nomination or election thereunder if he is registered on the register for the time being of local government electors for an electoral division or ward comprised within the burgh.".

Explanatory Note

(This note is not part of the Order)

The Abolition of Domestic Rates etc (Scotland) Act 1987 abolished domestic rates from 1st April 1989 and in consequence domestic properties were by section 2 deleted from the Valuation Roll. This limited the class of persons from whom members of the Commission could be nominated by the Stornoway Trust or elected under section 5 of the Stornoway Harbour Order 1976. The introduction of the council tax under the Local Government Finance Act 1992 did not restore domestic properties to the Valuation Roll and, accordingly, the position remains that only persons who are proprietors of business properties are now qualified to be nominated or elected. This Order provides that in place of the restriction to ratepayers the qualification is extended so that all those who are resident within the burgh shall be entitled to be so nominated or elected (as the case may be) provided that they are of voting age and registered on the register for the time being of local government electors for an electoral division (or on and after 1st April 1996 an electoral ward) comprised within the burgh.

The applicant for this Order is the Stornoway Pier and Harbour Commission.