Legislation
Legislation
St Andrews Harbour, and the Trust that manages it, are both defined, empowered
and governed by various pieces of Legislation.
The Physical Harbour and Land.
On 15th July 1897 the Pier and Harbour Orders Confirmation (No 1) Act 1897 came into force, on 1st September 1897 it transferred the harbour and its assets to the newly formed St Andrews Harbour Trust (A Trust Port Authority)
The Trust Port Authority
The “General Pier and Harbour Act 1861” was the framework for the Royal Burgh of St Andrews to draw up an Order setting up St Andrews Harbour Trust, initially a vehicle to process funding to extend the main pier. This Order was the Pier and Harbour Orders Confirmation (No 1) Act 1897 it not only transferred the harbour and its assets to the newly formed St Andrews Harbour Trust (Trust Port Authority) but also empowered the Authority.
Over the years the knowledge of the extent of these powers was lost and it was over 100 years before the Trust rediscovered its standing and powers.
The UK Port Marine Safety Code (PMSC) was developed in 2000 and offers a national standard for port safety in the UK with the aim to "improve safety for those who use or work in ports, their ships, passengers and cargoes, and the environment". All Harbour Authorities and as such St Andrews Harbour, a Trust Port Authority are expected to comply with the Code. As the Code is not statutory, failure to comply is not an offence in itself, but the Code does set out references to legal duties that do exist and not adhering to it may be indicative of a breach of those duties.
On 18th August 1614 the land and assets of St Andrews along with rights were granted to the people of St Andrews by Archbishop Gladstone, this included the harbour.
(“Charter by Archbishop Gladstone in favour of the burgh, St Andrews” St Andrews Uni Library, Ref B65/23/402c)
On 28th February 1620, Archbishop Gladstone’s Charter was ratified by Malcolm the Maydin, King of Scots, in favour of the burgesses and citizens of St Andrews. Again this included the harbour, the land had now passed from the Crown Estate to the Royal Burgh of St Andrews.
("Royal Charter of St Andrews” St Andrews Uni Library, Ref B65/23/414c)
On 15th July 1897 the Pier and Harbour Orders Confirmation (No 1) Act 1897 came into force, on 1st September 1897 it transferred the harbour and its assets to the newly formed St Andrews Harbour Trust (A Trust Port Authority)
The “General Pier and Harbour Act 1861” was the framework for the Royal Burgh of St Andrews to draw up an Order setting up St Andrews Harbour Trust, initially a vehicle to process funding to extend the main pier. This Order was the Pier and Harbour Orders Confirmation (No 1) Act 1897 it not only transferred the harbour and its assets to the newly formed St Andrews Harbour Trust (Trust Port Authority) but also empowered the Authority.
Over the years the knowledge of the extent of these powers was lost and it was over 100 years before the Trust rediscovered its standing and powers.
The “Harbours Act 1964” a framework for Harbour Revision and Empowerment Orders allowed St Andrews Harbour Trust to draw up the “St Andrews Harbour Revision (Constitution) Order 2010” which brought the selection of Trustees up to date. It also updated the Power to levy Harbour Charges, plus Borrowing Powers.
