SCHEDULES

C1C2SCHEDULE 26 PROCEDURE RELATING TO BYELAWS MADE BY THE F1APPROPRIATE AGENCY

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

Sch. 26 applied (with modifications) by S.I. 1999/1746, arts. 1(1), 4(3) (with art. 2) (the exclusion coming into force immediately before the principal appointed day (1.7.1999 appointed by S.I. 1998/3178, art. 3))

C2

Sch. 26 applied (15.8.2002) by S.I. 2002/1998, art. 17(14) (with art. 33)

Confirmation with or without modifications

2

1

Subject to sub-paragraph (3) below, the relevant Minister, with or without a local inquiry, may refuse to confirm any byelaw submitted to him by the F2appropriate agency for confirmation under this Schedule, or may confirm the byelaw either without or, if the F2appropriate agency consents, with modifications.

2

The F2appropriate agency shall, if so directed by the relevant Minister, cause notice of any proposed modifications to be given in accordance with his directions.

3

A byelaw made by the F2appropriate agency under paragraph 4 of Schedule 25 to this Act shall be confirmed without a local inquiry only if—

a

no written objection to its confirmation has been received by the relevant Minister;

b

every objection to its confirmation which has been so received has been withdrawn; or

c

in the opinion of that Minister the person making the objection has no material interest in the controlled waters to which the byelaw relates;

and in relation to any such byelaw sub-paragraph (1) above shall have effect with the substitution for the words “if the F2appropriate agency consents" of the words “ after consultation with the F2appropriate agency ”.