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Part IVMiscellaneous and general

34Orders: procedural provisions

(1)This section applies to any order made under the following sections of this Act:—

(2)The power to make an order under the sections mentioned in subsection (1) above shall be exercisable by statutory instrument.

(3)An order made under any of the sections mentioned in subsection (1) above may contain such transitional, incidental, supplementary or consequential provisions as the Secretary of State considers necessary or expedient.

(4)No order shall be made—

(a)under section 30;

(b)under section 31 so as to include any area of land vested in the port authority; or

(c)under section 32;except with the consent of the port authority.

(e)(a)No order shall be made under section 31 so as to include any land forming part of an inland waterway of the British Waterways Board, or any other land vested in that Board, except with the consent of the said Board.

(b)For the purposes of this subsection, “inland waterway” means any canal or inland navigation belonging to or under the control of the British Waterways Board and includes any works, lands or premises belonging to or under the control of that Board and held or used by them in connection with such canal or inland navigation.

(6)Before making an order under section 31, to include any land within the limits of jurisdiction, or under section 33, to transfer to any person all or any of the functions conferred or imposed on the Corporation by or under this Act, the Secretary of State shall consult the borough council for the area where that land is situated or to which those functions relate.

(7)An order under section 31 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)An order under section 33 shall not be made unless a draft of the order has been laid before Parliament and been approved by a resolution of each House of Parliament.