Norfolk and Suffolk Broads Act 1988

9 The Navigation Committee. E+W

(1) The Authority shall appoint a committee of the Authority to be known as the Navigation Committee.

(2) The Navigation Committee shall consist of thirteen members appointed by the Authority.

(3) [F1 Five] of the members of the Navigation Committee shall be appointed by the Authority from among the members of the Authority.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Of the other [F3 eight] members of the Navigation Committee, all of whom shall be appointed from among persons who are not members of the Authority—

(a) two shall be appointed after consultation with such bodies appearing to the Authority to represent the owners of pleasure craft available for hire or reward as it considers appropriate;

(b) one shall be appointed after consultation with such bodies appearing to it to represent nationally the owners of private pleasure craft as it considers appropriate;

(c) one shall be appointed after consultation with such bodies appearing to it to represent the owners of private pleasure craft which use any part of the Broads as it considers appropriate;

(d) two shall be appointed after consultation with such bodies appearing to it to represent persons who are likely to be required to pay ship, passenger or goods dues imposed by it as it considers appropriate; F4 ...

(e) one shall be appointed after consultation with such bodies appearing to it to represent other users of the navigation area as it considers appropriate.

[F5 and

(f) one shall be appointed after consultation with the Great Yarmouth Port Authority.)]

[F6 (6) In addition to consulting the Navigation Committee in accordance with requirements imposed by other provisions of this Act, the Authority shall—

(a) consult the Navigation Committee—

(i) before delegating any function of the Authority in relation to the navigation area to any person;

(ii) before appointing any member of the Navigation Committee under this section;

(iii) before proposing, determining or bringing into force any new policy, plan, strategy or procedure or any change to an existing policy, plan, strategy or procedure which may significantly affect the use or enjoyment of the whole or any part of the navigation area;

(iv) before determining any application for planning permission which may significantly affect the use or enjoyment of the whole or any part of the navigation area and which materially conflicts with any policy, plan, strategy or procedure of the Authority;

(v) on the preparation of the annual budget, including in particular any income or expenditure attributable to the navigation area;

(vi) (except in case of urgency) before incurring expenditure which may have a significant effect on the use or enjoyment of the whole or any part of the navigation area and which has not been specifically provided for in the annual budget approved by the Authority;

(vii) before applying for any amendment of or alteration to the Navigation Committee’s constitution as set out in this section or the Authority’s constitution as set out in section 1 of this Act or any change to the functions of the Authority in relation to the navigation area as set out in Part II of and Schedule 5 to this Act and under Parts 2 and 3 of the 2009 Act; and

(b) report to the Navigation Committee upon the exercise of powers in relation to the navigation area by the Authority or any officer of the Authority since the last meeting of the Navigation Committee.]

(7) The Authority shall keep under review the extent to which its functions in relation to the navigation area are delegated to the Navigation Committee.

F7 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (9) In exercising its functions the Authority shall have regard to any representations made to it by the Navigation Committee on matters relating to the navigation area and, where the Authority resolves not to adopt any recommendations made to it by the Navigation Committee, it shall provide full reasons for doing so.]

(10) Schedule 4 to this Act shall have effect for the purposes of supplementing this section.

Textual Amendments

F1 Word in s. 9(3) substituted (1.6.2005) by Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 (S.I. 2005/1067), arts. 1, 4(a)

F2 S. 9(4) omitted (1.6.2005) by virtue of Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 (S.I. 2005/1067), arts. 1, 4(b)

F3 Word in s. 9(5) substituted (1.6.2005) by Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 (S.I. 2005/1067), arts. 1, 4(c)(i)

F4 Word in s. 9(5)(e) omitted (1.6.2005) by virtue of Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 (S.I. 2005/1067), arts. 1, 4(c)(ii)

F5 S. 9(5)(f) and word added (1.6.2005) by Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 (S.I. 2005/1067), arts. 1, 4(c)(ii)

F6 S. 9(6) substituted (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 4(1) (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)

F7 S. 9(8) repealed (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 4(2), 8 Pt. 1 (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)

F8 S. 9(9) substituted (2.7.2009) by Broads Authority Act 2009 (c. i), Sch. 7 para. 4(3) (with ss. 2(3), 3(1), 16(3), 42, Sch. 6 Pts. 2, 3)