Schedules
Schedule 21

Amendments of the Harbours Act 1964

Procedure where harbour revision orders are made otherwise than on application
6
1
For paragraph 28 of Schedule 3 (inquiry to be held in most cases where an objection is made) substitute—
28
1
This paragraph applies if an objection to the proposal was made to the proposing authority and has not been withdrawn.
2
This paragraph does not apply if—
a
the proposing authority decides that the proposal is not to proceed further,
b
the proposing authority considers that the objection is frivolous or trivial,
c
the objection does not specify the grounds on which it is made, or
d
the objection was not made within the period allowed for making it.
3
Before deciding the application under paragraph 29, the proposing authority may—
a
cause an inquiry to be held, or
b
give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the proposing authority.
4
If the objection was made by the Welsh Ministers to the Secretary of State, the Secretary of State must cause an inquiry to be held under sub-paragraph (3)(a).
5
Where—
a
the objection was made by a person within sub-paragraph (6), and
b
that person makes a request in writing to the proposing authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),
the proposing authority must either cause an inquiry to be held under sub-paragraph (3)(a) or cause the objection to be dealt with in accordance with sub-paragraph (3)(b), as the proposing authority may determine.
6
The persons within this sub-paragraph are—
a
any local authority for an area in which the harbour (or any part of it) is situated, and
b
the relevant conservation body.
7
Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion.
8
In this paragraph—
- “local authority” has the same meaning as in paragraph 18;
- “the proposing authority” means—
  1. the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order;
  2. the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;
- “the relevant conservation body” has the same meaning as in paragraph 18.
.
2
In paragraph 29 of that Schedule (decision on harbour revision order proposed by Secretary of State), in sub-paragraph (1)(b), after “inquiry” insert “ and of any person appointed for the purpose of hearing an objector ”.
Sch. 21 para. 6 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 26