Harbours Act 1964

3 [F1 Where an application for a harbour revision order has been duly made to the Secretary of State], compliance [F2 with the requirements of paragraph 1A above if they are applicable,] with the requirement of sub-paragraph (a) below and with such of the requirements of sub-paragraphs (b) to (d) below as are applicable in the circumstances shall be a condition precedent to the taking by [F3 the Secretary of State] of [F4 any steps (otherwise than under this paragraph)] in the matter of the application, that is to say:—

(a) there must be published by the applicant by Gazette and local advertisement and (if so required by [F3 the Secretary of State]) by such other means as [F3 the Secretary of State] may specify, a notice stating that application has been made to him for the making of the order [F5 and whether information has been supplied under paragraph 1A above and], containing a concise summary of the proposed order and (if provision is proposed to be included therein authorising the execution of works or the compulsory acquisition of land) a general description of the nature of the works and the land on which their execution is proposed to be authorised or, as the case may be, of the land whose compulsory acquisition is proposed to be authorised, naming a place where a copy of the draft of the proposed order [F6 , a copy of any information supplied under paragraph 1A above] and (if the application for the order was accompanied by copies of a map or maps) a copy of that map or, as the case may be, copies of those maps may be seen at all reasonable hours and stating that any person who desires to make to [F3 the Secretary of State] objection to the application should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;

(b) if provision is proposed to be included in the order authorising the compulsory acquisition of land, there must, in the case of each parcel of land whose compulsory acquisition is proposed to be authorised, be served by the applicant on every owner, lessee and occupier (except a tenant for a month or any period less than a month) of that parcel a notice stating that application has been made to [F3 the Secretary of State] for the making of the order with the inclusion therein of provision authorising the compulsory acquisition of that parcel (describing it), naming a place where a copy of the draft of the proposed order and a copy (on the like scale) of the map that accompanied the application therefor on which the boundaries of that parcel are delineated may be seen at all reasonable hours and stating that, if the person served desires to make to [F3 the Secretary of State] objection to the application so far as regards the inclusion in the order of provision authorising the compulsory acquisition of that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him;

[F7 (ba) if provision is proposed to be included in the order extinguishing or diverting a public right of way over a footpath or bridleway, the applicant shall—

(i) serve on every local authority for the area in which the path or way is situated a notice stating the effect of the provision, naming a place where a copy of the draft of the proposed order (and of any relevant map accompanying the application for the order) may be seen at all reasonable hours and stating that, if the local authority desire to make to the Secretary of State objection to the inclusion of the provision in the order, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them;

(ii) cause a copy of the notice to be displayed in a prominent position at the ends of so much of any path or way as would by virtue of the order cease to be subject to a public right of way; and for the purposes of this sub-paragraph, “local authority” means, in England and Wales, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish or community council and a parish meeting of a parish not having a separate parish council and, in Scotland, a regional, islands or district council;]

(c) if the applicant is not the harbour authority, there must be served by the applicant on that authority a copy of the draft order together (if the application for the order was accompanied by copies of a map or maps) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that application has been made to [F3 the Secretary of State] for the making of the order and that, if the authority desire to make to [F3 the Secretary of State] objection to the application, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them;

(d) if [F3 the Secretary of State] so requires, there must, on any person specified by him, [F8 and within such time as may be so specified, be] served by the applicant the like documents as are required to be served in compliance with sub-paragraph (c) above where it applies.

Textual Amendments

F1 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 12(a)

F2 Words inserted (E.W.) by S.I. 1988/1336, reg. 5(a)

Words in Sch. 3 para. 3 inserted (S.) (15.7.1992) by S.I. 1992/1421, reg.2

F3 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

F4 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 12(b)

F5 Words inserted (E.W.) by S.I. 1988/1336, reg. 5(b)(i)

Words in Sch. 3 para. 3(a) inserted (S.) (15.7.1992) by S.I. 1992/1421, reg.2

F6 Words inserted (E.W.) by S.I. 1988/1336, reg. 5(b)(ii)

Words in Sch. 3 para. 3(a) inserted (S.) (15.7.1992) by S.I. 1992/1421, reg.2

F7 Sch. 3 para. 3(ba) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 10(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F8 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 12(c)

Modifications etc. (not altering text)

C1 Sch. 3 para. 3 excluded by Pilotage Act 1987 (c. 21, SIF 111), s. 32(3), Sch. 1 para. 3(b)