SCHEDULES

C1C2C3C4C5C6SCHEDULE 3 Procedure for making Harbour Revision and Empowerment Orders

Annotations:
Modifications etc. (not altering text)
C1

Sch. 3 amended by Post Office Act 1969 (c. 48, SIF 96), s. 76, Sch. 4 para. 93(1)(xxii)(2)(K), S.I. 1970/1681, Sch. 3 para. 11(3) and 1974/691, art. 2; extended by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 2 para. 4

C2

Functions of Minister of Agriculture, Fisheries and Food under Sch. 3 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: (except para. 6) S.I. 1978/272. art. 2, Sch. 1; (para. 6) S.I. 1969/388, art. 3, Sch. 2 para. 5(x) and 1978/272, art. 2, Sch. 1

C5

Sch. 3 extended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2) (xi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 3 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xii); S.I. 1996/218, art. 2

Sch. 3 modified (1.3.1996) by 1995 c. 45 s. 16(1), Sch. 4 para. 2(11)(b); S.I. 1996/218, art. 2

Part I Procedure for making Harbour Revision Orders on Application to F1the Secretary of State(as set out, . . . F2, and for the Making of Harbour Empowerment Orders by F1the Secretary of State (subject to Part VII), . . . F2.

Annotations:
Amendments (Textual)

6

1

Where application is made to F3the Secretary of State for a harbour revision order which includes provision authorising the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the appropriate Minister before the expiration of the period of forty-two days from the date of the first local advertisement of notice that the application has been so made that Minister is satisfied—

a

that any of the said land is used for the purposes of the carrying on of their undertaking, or

b

that an interest in any of the said land is held for those purposes,

the order shall not be so made as to authorise the acquisition of any land as to which that Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

i

that, without serious detriment to the carrying on of the undertaking, it can be acquired and not replaced, or

ii

that, if acquired, it can, without such detriment as aforesaid, be replaced by other land belonging to, or available for acquisition by, the undertakers,

and certifies accordingly.

2

In this paragraph the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “statutory undertakers” means any person authorised by an Act (whether public, general or local) or by any order or scheme made under or confirmed by an Act to carry on any such undertaking as follows, that is to say,—

a

a railway, light railway, tramway or road transport undertaking;

b

an undertaking the activities whereof consist in—

i

the maintenance of a canal;

ii

the conservation or improvement of a river or other inland navigation;

iii

the improvement, maintenance or management of a harbour (whether natural or artificial), port, haven or estuary, a dock (whether used by sea-going ships or not) or a wharf, quay, pier, jetty or other place at which ships (whether sea-going or not) can ship or unship goods or embark or disembark passengers; or

iv

the provision and maintenance of a lighthouse; or

c

an undertaking for the supply of . . . F4, . . . F5, F6hydraulic power or waterF6or hydraulic power;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7