Section 5

SCHEDULE 1Procedures as to general directions

1In this Schedule “the statutory consultees” means—

(a)Associated British Ports;

(b)the Great Yarmouth Port Authority;

(c)the navigation committee;

(d)the British Marine Federation, the Inland Waterways Association and the Royal Yachting Association; and

(e)such other bodies (if any) appearing to the Authority to represent boating interests as the Authority considers appropriate.

2The Authority from time to time following consultation with the statutory consultees shall appoint a suitable person to act as the independent person for the purposes of this Schedule, and references in this Schedule to the independent person are references to the person so appointed.

3The Authority shall consult the statutory consultees upon any proposal to give, amend or revoke a general direction and except in a case of emergency shall do so before giving notice of the proposal under paragraph 4.

4Not less than 42 days before giving, amending or revoking a general direction or in a case of emergency as soon as is reasonably practicable the Authority shall—

(a)publish notice of its intention to do so once in a newspaper circulating in the area of the Broads and on the Authority’s website; and

(b)give notice of its intention to do so to the statutory consultees.

5Any notice published under paragraph 4—

(a)shall state a place where copies of the direction and any proposed amendment to it may be obtained and a place at which such copies may be inspected;

(b)shall state that representations may be made to the Authority in writing during the said period of 42 days or such longer period as may be specified in the notice;

and except in a case of emergency the Authority shall not give, amend or revoke the direction until it has considered all such representations as are made during the period stated in the notice.

6In addition to the requirements of paragraph 4, notice of the giving of a general direction or of the amendment or revocation of a general direction may be given in any manner considered by the Authority to be appropriate.

7If any of the statutory consultees within the period allowed for in accordance with paragraph 5(b) objects to the giving, revoking or amending of a general direction the Authority shall refer the matter to the independent person.

8As soon as reasonably practicable after an objection is referred to the independent person under paragraph 7 the independent person shall invite the Authority and statutory consultee by which the objection was made to put their case by way of written representations.

9Following receipt of any representations made under paragraph 8 the independent person shall as soon as reasonably practicable provide the Authority and the statutory consultee by which the objection has been made with a report containing his conclusions on the direction and on the objection.

10Except in an emergency the Authority shall consider the report of the independent person provided under paragraph 9 before giving, revoking or amending any general direction.