Schedules

Schedule 21Amendments of the Harbours Act 1964

Procedure for dealing with applications for harbour orders

I15

1

In Schedule 3 (procedure for making harbour revision and empowerment orders), paragraph 18 (which provides for the holding of an inquiry or public hearing when an objection is made) is amended as follows.

2

For sub-paragraph (1) substitute—

1

This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn.

1A

This paragraph does not apply if—

a

the appropriate authority decides that the application is not to proceed further,

b

the appropriate 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.

1B

Before deciding the application under paragraph 19, the appropriate 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 appropriate authority.

1C

If the objection—

a

was made by the Welsh Ministers to the Secretary of State, and

b

is not an objection regarding compulsory acquisition of a parcel of land,

the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a).

1D

If, in a case where sub-paragraph (1C) does not apply,—

a

the objection was made by a person within sub-paragraph (1E), and

b

that person makes a request in writing to the appropriate authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b),

the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine.

1E

The persons within this sub-paragraph are—

a

in the case of an application to the Secretary of State, the Welsh Ministers;

b

any local authority for an area in which the harbour (or any part of it) is situated;

c

the relevant conservation body;

d

if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.

3

In sub-paragraph (2)—

a

for “sub-paragraph (1)(a)” substitute “ sub-paragraph (1B)(b) ”,

b

for “Secretary of State” substitute “ appropriate authority ”, and

c

for “he” substitute “ the authority ”.

4

In sub-paragraph (3)—

a

for “Secretary of State” substitute “ appropriate authority ”,

b

omit paragraph (a), and

c

in paragraph (b), for “he” substitute “ the appropriate authority ”.

5

After sub-paragraph (3) insert—

4

In this paragraph—

  • “the appropriate authority” means—

    1. a

      in a case where the application was made to the Secretary of State, the Secretary of State;

    2. b

      in a case where the application was made to the Welsh Ministers, the Welsh Ministers;

  • “local authority” means—

    1. a

      in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council, and

    2. b

      in Wales, a county council, a county borough council and a community council;

  • “the relevant conservation body” means—

    1. a

      if the harbour (or any part of it) is situated in England, Natural England, and

    2. b

      if the harbour (or any part of it) is situated in Wales, the Countryside Council for Wales.