PART 4

HARBOUR REGULATION

Confirmation of byelaws
21
1
Byelaws made by the Authority under this Order shall not come into operation until they have been confirmed by the Scottish Ministers.
2
Not later than one month before an application for confirmation of byelaws is made by the Authority to the Scottish Ministers, notice of the intention to apply for confirmation and of the place at which and time during which a copy of the byelaws shall be open to inspection shall be published as follows—
a
once in the Edinburgh Gazette,
b
once in each of two successive weeks in a newspaper circulating in the area in which the harbour is situated.
3
Not later than the first date on which the notice under paragraph (2) is published, the Authority shall send a copy of the notice to the Scottish Ministers.
4
For a period of at least one month before an application is made for confirmation of byelaws, the Authority shall keep a copy of the byelaws open to public inspection at their principal office at all reasonable hours and publish a copy of the byelaws in a prominent place on the Authority’s website.
5
The Authority shall supply a copy of the byelaws or of part of the byelaws to a person on request.
6
During the period of one month beginning with the last date of publication of any notice required by paragraph (2), any person may make, in writing to the Scottish Ministers, any objection to or representation about the byelaws to which the notice relates.
7
The Scottish Ministers may confirm the byelaws (with or without modifications) or may refuse to confirm them.
8
Where the Scottish Ministers propose to make a modification that appears to them to substantially affect the character of the byelaws, they shall inform the Authority and require them to take any steps the Scottish Ministers consider necessary for informing persons likely to be concerned with the modification.
9
For the purposes of paragraph (8), the Scottish Ministers shall give the Authority and any person who is to be informed of a proposed modification the opportunity to make representations in writing about that proposed modification during a period determined by the Scottish Ministers and the Scottish Ministers shall take such representations into account before making a decision under paragraph (7).
10
The Authority shall—
a
keep a copy of confirmed byelaws open to public inspection at all reasonable hours, at the Authority’s principal office, and
b
provide a copy of the byelaws to any person on request.