SCHEDULES

C1C2C3F1SCHEDULE 3 PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2

C2

Sch. 3: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

C3

Sch. 3: power to amend or repeal conferred for specified purposes (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pts. 1, 2 (with s. 247)

PART I ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

Pre-application procedure

F26

1

This paragraph applies if the Secretary of State decides that the proposed application relates to a project which requires an environmental impact assessment.

2

The Secretary of State must—

a

inform the proposed applicant, in writing, of the decision and the reasons for it with reference to the selection criteria (where relevant),

b

publish a notice of the decision which states the reasons for it with reference to the selection criteria (where relevant), and

c

give the proposed applicant an opinion, in writing, about the scope and level of detail of the information which the proposed applicant will be required to supply in an environmental statement, if the application is made.

3

In giving an opinion under sub-paragraph (2)(c), the Secretary of State must have regard to the information provided by the proposed applicant including in particular any information about—

a

the specific characteristics of the project (including its location and technical capacity), and

b

its likely impact on the environment.

4

Before giving the opinion the Secretary of State must consult such bodies with environmental responsibilities or local or regional competencies as the Secretary of State considers appropriate.