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Merchant Shipping Act 1979

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This is the original version (as it was originally enacted).

7Procedure connected with making and coming into force of pilotage orders

(1)The Secretary of State may by regulations make provision as to the notices to be given, the other steps to be taken and the payments to be made in connection with an application for a pilotage order, and the regulations must include provision for notice of the application to be advertised and for any person who objects to the application and who appears to the Secretary of State to have a substantial interest in the pilotage services in the area to which the application relates to be given an opportunity of making representations in writing to the Secretary of State about the application.

(2)Where the Secretary of State makes a pilotage order in consequence of such an application, then—

(a)if before the order is made either—

(i)no objection to the application has been made in accordance with regulations made by virtue of the preceding subsection, or

(ii)every objection so made to the application has been withdrawn,

the statutory instrument containing the order shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)if an objection so made to the application has not been withdrawn before the order is made the order shall be subject to special parliamentary procedure, and the Statutory Orders (Special Procedure) Act 1945 shall have effect accordingly but as if—

(i)sections 2 and 10(2) of that Act (which relate to preliminary proceedings) were omitted, and

(ii)that Act extended to Northern Ireland and, in the application of section 7(3) of that Act to Northern Ireland, for any reference to a local authority and the Secretary of State there were substituted respectively a reference to a district council and the Department of the Environment for Northern Ireland.

(3)Subsections (5) and (6) of section 7 of the Pilotage Act 1913 and paragraphs 1 to 6, 8 and 9 of Schedule 1 to that Act (which relate to applications for pilotage orders and contain provisions as to the pilotage orders which do and do not require confirmation by Parliament) shall cease to have effect.

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