PART VIIIROAD FERRIES

Power of Department to carry out works105

1

Subject to paragraphs (2) to (4), the Department may carry out such works as it considers appropriate for the purposes of, or in connection with, a road ferry service or the exercise of its functions under this Part.

2

It shall be the duty of the Department, before carrying out any works within the limits within which a harbour authority may exercise its functions to consult with that authority and to take account of any representations made to the Department by that authority so as to ensure that the carrying out of those works causes the minimum interference to the property of that authority or to the exercise by that authority of its functions.

3

The Department shall not construct, alter or extend any tidal work, except with the consent of—

a

the Secretary of State; and

b

the Crown Estate Commissioners,

and subject to any conditions imposed by the Secretary of State or those Commissioners before the work is begun.

4

Schedule 6 shall have effect in relation to any tidal work which is, or is to be, constructed, altered or extended by the Department.

5

In this Article and Schedule 6—

  • “the Secretary of State” means the Secretary of State concerned with navigation;

  • “tidal work” means any work, or part of any work, which is on, under or over any land which is below the level of mean high water springs.