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(1)In section 2 of the Military Lands Act 1900 (sea byelaws)—
(a)in subsection (2), omit paragraph (b) of the proviso;
(b)after subsection (2) insert—
“(2A)Before making any such byelaws the Secretary of State must—
(a)take all reasonable steps to ascertain whether the byelaws would injuriously affect any public rights; and
(b)be satisfied, in relation to every public right that the Secretary of State considers would be injuriously affected by the byelaws—
(i)that a restriction of the right is required for the safety of the public or for the requirements of the military purpose for which the area to which the byelaws apply is used; and
(ii)that the restriction of the right imposed by the byelaws is only to such extent as is reasonable in all the circumstances of the case.”;
(c)omit subsection (3).
(2)In section 17(1) of the Military Lands Act 1892 (notice of byelaws), for the words from “necessary” to the end substitute “ appropriate ”.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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