SCHEDULES

SCHEDULE 26E+W PROCEDURE RELATING TO BYELAWS MADE BY THE [F1AGENCY]

Textual Amendments

F1Word in the heading to Sch. 26 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Modifications etc. (not altering text)

C1Sch. 26 applied (with modifications) by S.I. 1999/1746, arts. 1(1), 4(3) (with art. 2) (the exclusion coming into force immediately before the principal appointed day (1.7.1999 appointed by S.I. 1998/3178, art. 3))

C2Sch. 26 applied (15.8.2002) by S.I. 2002/1998, art. 17(14) (with art. 33)

Confirmation with or without modificationsE+W

2(1)Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the [F2Agency] for confirmation under this Schedule, or may confirm the byelaw either without or, if the [F2Agency] consents, with modifications.E+W

(2)The [F2Agency] shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

(3)A byelaw made by the [F2Agency] under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if—

(a)no written objection to its confirmation has been received by the relevant Minister;

(b)every objection to its confirmation which has been so received has been withdrawn; or

(c)in the opinion of that Minister the person making the objection has no material interest in the controlled waters to which the byelaw relates;

and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the [F2Agency] consents" of the words “ after consultation with the [F2Agency] .

Textual Amendments

F2Words in Sch. 26 para. 2 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3