Harbours Act 1964

17 Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders

(1) The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—

(a) Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to the Minister;

(b) Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by the Minister of his own motion;

(c) Part I of that Schedule shall, subject to the modifications specified in Part III thereof, have effect with respect to the procedure for making harbour revision orders upon application therefor to the Minister of Agriculture, Fisheries and Food;

(d) Part I of that Schedule shall, subject to the modifications specified in Part IV thereof, have effect with respect to the procedure for making harbour revision orders upon application therefor to the Secretary of State;

(e) Part II of that Schedule shall, subject to the modifications specified in Part V thereof, have effect with respect to the procedure for the making of harbour revision orders by the Minister of Agriculture, Fisheries and Food of his own motion ;

(f) Part II of that Schedule shall, subject to the modifications specified in Part VI thereof, have effect with respect to the procedure for the making of harbour revision orders by the Secretary of State of his own motion;

(g) Part I of that Schedule shall, subject to the modifications specified in Part VII thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Minister;

(h) Part I of that Schedule shall, subject to the modifications specified in Part VIII thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Minister of Agriculture, Fisheries and Food;

(i) Part I of that Schedule shall, subject to the modifications specified in Part IX thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State.

(2) Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.

(3) No application under the General Pier and Harbour Act 1861 for a provisional order, being an application made after the end of September 1964, shall be entertained by the Minister or the Minister of Agriculture, Fisheries and Food in a case where he is satisfied that the objects to be achieved by the order could be achieved by a harbour revision or empowerment order or by a harbour revision and a harbour empowerment order combined.

(4) No application for a harbour revision or empowerment order shall be entertained by the Secretary of State where he is satisfied that the objects to be achieved by the order could be achieved by an application for a provisional order under the General Pier and Harbour Act 1861 to which Part II of the Harbours, Piers and Ferries (Scotland) Act 1937 applies.