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The Dover Harbour Revision Order 2006

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PART 3BYELAWS

Procedure for making byelaws

11.—(1) Byelaws made by the Board under the Acts and the 1847 Act and any other power enabling the Board to make byelaws shall be made under the seal of the Board and shall not come into force until they have been confirmed by the Secretary of State.

(2) At least one month before an application for confirmation of byelaws is made by the Board to the Secretary of State, notice of the intention to apply for confirmation and of the place at which and the times during which a copy of the byelaws shall be open to inspection shall be published as follows—

(a)once in the London Gazette;

(b)once in each of two successive weeks in some one and the same weekly newspaper circulated in the area of East Kent.

(3) Not later than the first date on which the notice under paragraph (2) of this article is published, the Board shall send a copy of the notice to the Kent County Council, the Dover District Council and the Dover Town Council.

(4) During a period of at least one month before application is made for confirmation of the byelaws a copy of the byelaws shall be kept at the principal office of the Board and shall at all reasonable hours be open to public inspection without payment.

(5) The Board shall supply a copy of the byelaws or of part of the byelaws to a person who shall apply for it on payment of a reasonable charge.

(6) During the period of one month after completion of the publication of any notice required by paragraph (2) of this article any person may make in writing to the Secretary of State any objection to or representation respecting the byelaws to which the notice relates.

(7) The Secretary of State may confirm the byelaws in the form submitted to him or may subject to paragraph (8) of this article make such modifications as he thinks fit.

(8) Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Board and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification and shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Board and by other persons who have been informed of it.

(9) When confirmed the byelaws shall be published by the Board.

Proof of byelaws

12.  A copy of a byelaw of the Board duly confirmed purporting to be printed by direction of the Board and being authenticated by their seal and the signature of their Register shall for all purposes be prima facie evidence of such byelaw and of the due making and confirmation thereof without proof of such seal or signature.

Additional power to make byelaws

13.  In addition to the powers to make byelaws conferred on the Board by section 83 of the 1847 Act, by section 43 of the 1954 Act and by section 26 of the 1963 Act the Board shall have power to make such byelaws as they think fit for regulating the admission of persons, animals and vehicles on and into the harbour and Board operational premises and for their removal out of and from the same and for the good order and conduct of such persons, animals and vehicles whilst in the harbour and Board operational premises and for the detention, storage, removal and disposal of lost property found in the harbour or on Board operational premises.

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