Harbours Act 1964

Legislation Crest

Harbours Act 1964

1964 CHAPTER 40

An Act to establish a National Ports Council; to provide for the control of harbour development and for giving financial assistance for the improvement of harbours; to make other provision respecting the construction, improvement, maintenance and management of harbours; to make provision with respect to charges of certain harbour authorities and lighthouse authorities; and for purposes connected with the matters aforesaid.

[10th June 1964]

Modifications etc. (not altering text)

C2So far as may be necessary for the purposes of any amendment by Transport Act 1981 (c. 56, SIF 58) references in this Act to the Minister shall be construed as references to the Secretary of State: Transport Act 1981 (c. 56, SIF 58), ss. 15–17, 18(4), Sch. 5 para. 4(1)(b).

C4Act amended (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 13(1)

Certain functions of the Act transferred (8.2.1993) by S.I. 1993/321, arts. 1(2). 3(1).

Act: functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2(1)(b), 3

Commencement Information

I1Act partly in force at Royal Assent see s. 63(4); Act wholly in force at 1.10.1964

The National Ports CouncilE+W+S

1—8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Textual Amendments

Control of harbour DevelopmentE+W+S

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Textual Amendments

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Textual Amendments

Exchequer Assistance for Execution of harbour Works, &c.E+W+S

11 Loans for execution of harbour works, &c. E+W+S

(1)Subject to the provisions of this section, the Minister, with the approval of the Treasury . . . F4 may, out of moneys which, by virtue of the following provisions of this Act, are issued to him for the purpose out of the [F5National Loans Fund,] give to a harbour authority assistance by way of loan—

(a)in respect of expenses incurred by them—

(i)in executing, at a harbour which in the exercise and performance of statutory powers and duties they are engaged in improving, maintaining or managing, works for the improvement, maintenance or management of the harbour;

(ii)in acquiring plant or equipment required for the carrying out at the harbour of harbour operations;

(iii)in acquiring land required for the purposes of the harbour or an extension thereof;

(b)to enable them to repay the whole or part of the principal of, or to pay the whole or part of a sum due by way of the payment of interest on, a loan made to them by virtue of the foregoing paragraph,

provided that, in the case of assistance in respect of expenses incurred, he is satisfied that the expenses are such as ought properly to be regarded as being of a capital nature.

(2)Assistance given under the foregoing subsection in respect of expenses incurred in the execution of any works may include a sum in respect of costs in, or in connection with, the preparation of plans and specifications of the works, reports with respect thereto and estimates of the expenses to be incurred for the purposes of the execution thereof and a sum in respect of the remuneration of any architect, engineer or other person employed in an advisory or supervisory capacity in connection with the execution of the works.

(3)No assistance shall be given under subsection (1) of this section for the repayment of any such part of the principal of a loan as falls due for repayment more than five years from the date on which the loan was made or for the payment of interest on a loan for any period beginning more than five years from that date.

(4)No assistance shall at any time be given under subsection (1) of this section by the Minister to a harbour authority in respect of expenses incurred by them in relation to a harbour or to enable them to repay the principal of, or to pay interest on, a loan unless at that time the harbour is neither a fishery harbour nor a marine work.

Textual Amendments

Modifications etc. (not altering text)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S

Textual Amendments

13 Maximum amount of loans and grants under sections 11 and 12, and cesser of certain other powers to give financial assistance.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2)No advance shall be made after the passing of this Act under section 17(1) of the M1Ministry of Transport Act 1919 by the Minister for the construction, improvement or maintenance of a harbour, dock or pier, and no advance or loan shall be made—

(a)under section 3 of the M2Harbours and Passing Tolls, &c. Act 1861 . . . F8by the Public Works Loan Commissioners for carrying any shipping purpose into effect at a harbour which is not for the time being a fishery harbour or marine work;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

unless those Commissioners have agreed before the passing of this Act to make it.

Textual Amendments

F8Words repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13,SIF 99:3), Sch. 6 Pt. II

F9S. 13(2)(b) repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. II

Marginal Citations

Harbour Revision and Empowerment OrdersE+W+S

14 Ministers’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, &c. E+W+S

(1)Subject to the provisions of this section and to the following provisions of this Act, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, be made by the appropriate Minister an order (in this Act referred to as a “harbour revision order”) for achieving all or any of the objects specified in Schedule 2 to this Act.

[F10(1A)Subsection (1) is subject to—

(a)section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);

(b)section 120(9) of that Act (exclusion of power to include ancillary provision in orders).]

(2)Subject to the next following section, a harbour revision order shall not be made in relation to a harbour by the appropriate Minister—

(a)except upon written application in that behalf made to him by the authority engaged in improving, maintaining or managing it or by a person appearing to him to have a substantial interest or body representative of persons appearing to him to have such an interest; and

(b)unless the appropriate Minister is satisfied that the making of the order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea [F11or in the interests of the recreational use of sea-going ships].

F12[(2A)The objects for achieving all or any of which a harbour revision order may be made in relation to a harbour include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour; and subsection (2)(b) of this section does not apply to an order in so far as it is made for objects mentioned in this subsection.]

F13[(2B)Nothing in subsection (2)(b) of this section shall prevent the making of an order for facilitating—

(a)the closing of part of the harbour,

(b)a reduction in the facilities available in the harbour, or

(c)the disposal of property not required for the purposes of the harbour,

if the appropriate Minister is satisfied that the making of the order is desirable on grounds other than those specified in that subsection.]

(3)A harbour revision order may include all such provisions as appear to the appropriate Minister to be requisite or expedient for rendering of full effect [F14any other provision of the order]and any [F15supplementary, consequential or incidental] provisions appearing to him to be requisite or expedient for the purposes of [F16, or in connection with,] the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for [F17excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing] any statutory provision of local application affecting the harbour to which the order relates; but no penal provision of a harbour revision order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—

(a)on his being summarily convicted, of the infliction on him of a penalty other than a fine or of [F18 —

(i)in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the M3Magistrates’ Courts Act 1980 or section 289B of the M4 Criminal Procedure (Scotland) Act 1975;

(ii)in the case of an offence triable only summarily, the infliction on him of a fine exceeding [F19level 4 on the standard scale] or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;]

(b)on his being convicted on indictment, of the infliction on him of [F20 a penalty other than a fine].

(4)In the case of a harbour revision order that provides for the establishment of a body as the harbour authority for the harbour to which the order relates in lieu of the existing one, references in paragraphs 2 to 17 of Schedule 2 to this Act to the authority (except in the case of the reference in paragraph 3 the references, other than the second, in paragraph 5 and the second reference in paragraph 11) shall be construed as referring to the body established by the order as the harbour authority, and in the said excepted case shall be construed as referring to the existing one.

F21[(4A)Where two or more harbours are being improved, maintained or managed by the same harbour authority or by harbour authorities which are members of the same group, a harbour revision order may relate to more than one of the harbours; and for this purpose two authorities are members of the same group if one is a subsidiary (within the meaning of [F22the Companies Acts (see section 1159 of the Companies Act 2006)]) of the other or both are subsidiaries of another company (within the meaning of [F23that section]).]

(5)Where a harbour revision order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a [F24map of a scale not less than 1:2500] on which the boundaries of that parcel are plainly delineated.

F25[(5A)Where a harbour revision order includes provision for extinguishing or diverting a public right of way over a footpath [F26or bridleway][F26, bridleway or restricted byway], there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.]

F27(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section and in Schedule 2 to this Act “the appropriate Minister”, in the case of an order to be made in relation to a harbour not being a fishery harbour or a marine work means the Minister, in the case of an order to be made in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of an order to be made in relation to a marine work means the Secretary of State.

Textual Amendments

F10S. 14(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 9 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F11Words in s. 14(2)(b) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F13S. 14(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F14Words in s. 14(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(a); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F16Words in s. 14(3) inserted (15.7.1992) by Transport and Works 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(b); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F17Words in s. 14(3) expressed to be substituted (15.7.1992) for the words 'repealing and amending' by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(c); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F21S. 14(4A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(5); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F24Words in s. 14(5) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(6); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F25S. 14(5A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(7); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F26Words in s. 14(5A) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F27S. 14(6) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981

Modifications etc. (not altering text)

C9Functions of Minister of Agriculture, Fisheries and Food under s. 14 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2 Sch. 1

C10S. 14 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Marginal Citations

M41975 c. 21 (39:1).

15 Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, &c. E+W+S

(1)If, with respect to a harbour, the appropriate Minister is satisfied, . . . F28 that a harbour revision order ought to be made for the purpose of achieving, in relation to the harbour, either or both of the following objects, namely,—

(a)reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution; and

(b)regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority;

he may, if he is satisfied as mentioned in subsection (2)(b) of the last foregoing section, make the order despite the fact that no application to him for the making of it is forthcoming from the authority engaged in improving, maintaining or managing the harbour or from any such person or representative body as is mentioned in subsection (2)(a) of that section.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(3)In this section “the appropriate Minister”, in relation to a harbour not being a fishery harbour or a marine work means the Minister, in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in relation to a marine work means the Secretary of State.

Textual Amendments

Modifications etc. (not altering text)

C13Functions of Minister of Agriculture, Fisheries and Food under s. 15 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2 Sch. 1

C14S. 15: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F3015A Ministers’ powers to make orders about port appointments.E+W+S

(1)Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority—

(a)so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or

(b)so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order.

(2)No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from ex officio and co-opted members, are appointed by him.

(3)An order under this section—

(a)may relate to more than one harbour authority; and

(b)may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient;

and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members.

(4)A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit.

(5)In this section “the Ministers” means the Secretary of State and the Minister of Agriculture, Fisheries and Food.]

Textual Amendments

Modifications etc. (not altering text)

C15S. 15A: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

16 Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, &c., of harbours. E+W+S

(1)In a case where a person is desirous of securing the achievement of any of the following objects, namely,—

(a)the improvement, maintenance or management of a harbour (whether natural or artificial) navigated by sea-going ships (not being a fishery harbour or a marine work) or of a port, haven, estuary, tidal or other river or inland waterway so navigated (not being a fishery harbour or a marine work);

(b)the construction of an artificial harbour navigable by sea-going ships or an inland waterway so navigable, other than a harbour or waterway which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and

(c)the construction, improvement, maintenance or management of a dock elsewhere than at a fishery harbour or marine work or of a wharf elsewhere than at such a harbour or work;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister for the making by him of an order conferring on the applicant, some other designated person or a body to be constituted for the purpose by the order (according as may be specified in the application) all such powers (including, in particular, power to acquire land compulsorily and to levy charges other than ship, passenger and goods dues) as are requisite for enabling that object to be achieved.

(2)In a case where a person is desirous of securing the achievement of either or both of the following objects, namely,—

(a)the improvement, maintenance or management of a fishery harbour; and

(b)the construction, improvement, maintenance or management of a dock at a fishery harbour or of a wharf at such a harbour;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister of Agriculture, Fisheries and Food for the making by him of such an order as aforesaid.

(3)In a case where a person is desirous of securing the achievement of any of the following objects, namely,—

(a)the improvement, maintenance or management of a marine work, being a harbour (whether natural or artificial) navigated by sea-going ships or being a port, haven, estuary, tidal or other river or inland waterway so navigated;

(b)the construction of an artificial harbour navigable by sea-going ships which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work or an inland waterway so navigable which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and

(c)the construction, improvement, maintenance or management of a dock at a marine work or of a wharf at such a work;

but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Secretary of State for the making by him of such an order as is mentioned subsection (1) of this section.

[F31(3A)Subsections (1) to (3) are subject to—

(a)section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);

(b)section 120(9) of that Act (exclusion of power to include ancillary provision in orders).]

(4)An order under this section is in this Act referred to as a “harbour empowerment order”.

(5)Neither the Minister, nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour empowerment order unless he is satisfied that the making thereof is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea [F32or in the interests of the recreational use of sea-going ships].

(6)A harbour empowerment order may include all such provisions as appear to the Minister of the Crown by whom it is made to be requisite or expedient for giving full effect to any provision included in the order by virtue of the foregoing provisions of this section and any [F33supplementary, consequential or incidental] provisions appearing to him to be requisite or expedient for the purposes of, or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment [F34and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act)] [F35and for repealing any statutory provision of local application affecting the area in relation to which the powers are intended to be exercised]; but no penal provision of a harbour empowerment order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—

(a)on his being summarily convicted, of the infliction on him of a penalty other than a fine or of [F36—

(i)in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the M5Magistrates’ Courts Act 1980 or section 289B of the M6Criminal Procedure (Scotland) Act 1975;

(ii)in the case of an offence triable only summarily, the infliction on him of a fine exceeding [F37level 4 on the standard scale] or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;]

(b)on his being convicted on indictment, of the infliction on him of [F38a penalty other than a fine].

(7)Where a harbour empowerment order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a [F39map of a scale not less than 1:2500] on which the boundaries of that parcel are plainly delineated.

F40[(7A)Where a harbour empowerment order includes provision for extinguishing or diverting a public right of way over a footpath [F41or bridleway] [F41, bridleway or restricted byway], there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F31S. 16(3A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 10 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F32Words in s. 16(5) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F34Words in s. 16(6) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F35Words in s. 16(6) inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 2(2); S.I. 2009/3345, art. 2, Sch. para. 26

F39Words in s. 16(7) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(4); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F40S. 16(7A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(5); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F41Words in s. 16(7A) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F42S. 16(8) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981

Modifications etc. (not altering text)

C16Functions of Minister of Agriculture, Fisheries and Food under s. 16 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art.2, Sch. 1

C17S. 16: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C18S. 16 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

C19References in s. 16(1)(b), (3)(b) to Minister and Secretary of State to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland: S.I. 1970/1681, Sch. 3 para. 11(1)

Marginal Citations

M61975 c. 21 (39:1).

17 Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders.E+W+S

(1)The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—

(a)Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to [F43the Secretary of State];

(b)Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by [F43the Secretary of State] of his own motion;

(c)—(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(g)Part I of that Schedule shall, subject to the modifications specified in Part [F45III] thereof, have effect with respect to the procedure for the making of harbour empowerment orders by [F43the Secretary of State];

(h), (i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

[F47and the said Parts I, II and [F45III] shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution F48. . . of references to him for references to the Secretary of State.]

(2)Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.

F49[(2A)Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath [F50or bridleway] [F50, bridleway or restricted byway] unless he is satisfied—

(a)that an alternative right of way has been or will be provided, or

(b)that the provision of an alternative right of way is not required.

(2B)Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath [F50or bridleway] [F50, bridleway or restricted byway] unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion.]

[F51(2C)In this section and in Schedule 3 to this Act (except in paragraph 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a fishery harbour in Wales, as references to the National Assembly for Wales, and in relation to Scotland, as references to the Scottish Ministers.]

F52(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45Words in s. 17(1) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(a)

F48Words in S. 17(1) omitted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(b)

F49S. 17(2A)(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 3; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F50Words in s. 17(2A)(2B) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F51S. 17(2C) added (1.2.2000) by S.I. 1999/3445, reg. 15(2)

F52S. 17(3)(4) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

Modifications etc. (not altering text)

C22S. 17 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

[F53Harbour closure orders E+W+S

Textual Amendments

17APower to make closure orderE+W+S

(1)The Secretary of State may make an order under this section in respect of a harbour (a “closure order”)—

(a)on the application of the harbour authority,

(b)with the consent of the harbour authority, or

(c)if the Secretary of State has consulted the harbour authority and is satisfied that they are unlikely to object.

(2)The Secretary of State must publish guidance about the circumstances in which a closure order will be made. The guidance—

(a)must require the Secretary of State to have regard to the underlying purpose, and

(b)must be reviewed and (if appropriate) revised from time to time.

(3)In this section—

(a)“the underlying purpose” means the purpose of permitting or requiring harbour authorities to cease to maintain harbours which are no longer commercially viable or necessary;

(b)“the harbour authority” in relation to a harbour means any harbour authority which has statutory duties to manage, maintain or improve the harbour.

17BContent of closure orderE+W+S

(1)A closure order must relieve the harbour authority of—

(a)all statutory functions in respect of the harbour, or

(b)specified statutory functions in respect of the harbour.

(2)A closure order may transfer specified functions of the harbour authority to a specified body (with the body's consent).

(3)A closure order must include transitional provision about the cessation of the harbour authority's functions (including provision about rights and liabilities in relation to the performance of functions before the closure order takes effect).

(4)A closure order may—

(a)permit or require the harbour authority to carry out works in respect of the harbour;

(b)permit the Secretary of State to carry out works in respect of the harbour;

(c)require a harbour authority to pay for works carried out under paragraph (b);

(d)confer on the harbour authority or the Secretary of State power to acquire (whether by agreement or compulsorily) land described in the order as the site of works to be carried out under paragraph (a) or (b).

17CHarbour closure orders: property etcE+W+S

(1)A closure order may include provision for the transfer of property, rights and liabilities of the harbour authority.

(2)In particular, a closure order may include provision—

(a)transferring things that would otherwise not be capable of being transferred;

(b)creating interests, rights or liabilities in relation to things transferred or in connection with a transfer;

(c)for enforcement of rights or liabilities (whether transferred or created by the order);

(d)about the transfer of rights and liabilities in relation to employment (including provision for deemed continuity);

(e)about pension schemes (including provision for amending schemes, winding them up, transferring their administration, and saving rights existing before a transfer takes effect);

(f)terminating appointments;

(g)for compensation for loss of employment (or office).

(3)A closure order may include provision—

(a)extinguishing liabilities to the Secretary of State;

(b)about the winding up of the harbour authority's affairs;

(c)about the winding up of any company wholly owned by the harbour authority;

(d)about the dissolution of the harbour authority.

(4)A provision of a closure order transferring property, rights or liabilities may—

(a)make the transfer subject to a condition (such as the grant of an interest in favour of a third party), and

(b)include provision about the effect of failure to comply with the condition.

(5)Provision under this section may confer a function on the Secretary of State.

17DHarbour closure orders: procedureE+W+S

(1)Part 1 of Schedule 3 has effect in relation to closure orders as in relation to harbour revision orders.

(2)In relation to closure orders made otherwise than on the application of the harbour authority Part 1 of Schedule 3 has effect with any necessary modifications, in particular—

(a)ignore paragraphs 3, 5, 6, 7, 9, 13 and 14,

(b)treat a reference to the applicant as a reference to the Secretary of State,

(c)treat a reference to the application for an order as a reference to the proposal to make an order,

(d)treat a reference to being notified of a proposed application as a reference to proposing to make an order, and

(e)paragraph 8 applies if the Secretary of State decides that the order would relate to a project which falls within Annex I or II to the Directive and is a relevant project, in which case—

(i)the Secretary of State must prepare the environmental statement, having consulted bodies with environmental responsibilities, and

(ii)the statement must include the information specified in sub-paragraph (2) (and may include other information).

(3)Section 44 applies in relation to closure orders as in relation to harbour revision orders.

17EHarbour closure orders: devolutionE+W+S

(1)In relation to fishery harbours in Wales—

(a)the power to make closure orders vests in the Welsh Ministers, and

(b)a reference in this group of sections to the Secretary of State is to be treated as a reference to the Welsh Ministers.

(2)In relation to harbours in Scotland—

(a)the power to make closure orders vests in the Scottish Ministers,

(b)a reference in this group of sections to the Secretary of State is to be treated as a reference to the Scottish Ministers, and

(c)the reference in section 17D(1) to Schedule 3 is a reference to that Schedule as it has effect in relation to Scotland.

17FSupplementalE+W+S

(1)A closure order may include incidental, consequential, transitional or saving provisions.

(2)In particular, a closure order—

(a)may amend, repeal or revoke an enactment of local application, and

(b)may disapply or modify the application of any other enactment.

(3)A closure order—

(a)may make provision generally or only for specified purposes, and

(b)may make different provision for different purposes.]

Harbour Reorganisation SchemesE+W+S

18 Harbour reorganisation schemes. E+W+S

(1)With a view to securing the efficient and economical development of a group of harbours each of which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, a scheme (in this Act referred to as a “harbour reorganisation scheme”) with respect to the group, providing for all or any of the matters mentioned in subsection (2) below, may be submitted to the Minister . . . F54 by all or any of the authorities who between them are engaged, in the exercise and performance of statutory powers and duties, in improving, maintaining or managing the several harbours comprised in the group (hereafter in this section referred to as “the relevant authorities”).

[F55(1A)If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of the matters for which provision may be made by such a scheme, he may by order make a harbour reorganisation scheme providing for those matters.]

(2)The said matters are the following, that is to say,—

(a)transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities for the purpose of, or in connection with, the improvement, maintenance or management of a harbour comprised in the group to another of those authorities or to a body constituted by the scheme;

(b)transferring interests of any of the relevant authorities in fixed or movable property used by them for the purposes of the harbour in question and rights or liabilities enjoyed or incurred by them for those purposes to another of those authorities or to such a body as aforesaid;

(c)transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities (other than powers or duties falling within paragraph (a) above), or powers or duties so conferred or imposed in relation to a harbour comprised in the group on a local lighthouse authority who are not one of the relevant authorities, to another person (whether one of those authorities or not) or to such a body as aforesaid;

(d)transferring interests of any of the relevant authorities or of a local lighthouse authority in fixed or movable property used by them for the purposes of, or in connection with, the exercise or performance of any powers or duties transferred by a provision of the scheme having effect by virtue of paragraph (c) above to the person to whom the powers or duties are transferred, and transferring to that person rights or liabilities enjoyed or incurred by the authority from whom the powers or duties are transferred in, or in connection with, the exercise or performance of the transferred powers or duties;

(e)transferring to any of the relevant authorities or to a body constituted by the scheme interests of a person in fixed or movable property used by him for carrying out harbour operations at a harbour that is comprised in the group or is adjacent to any of the harbours so comprised, not being a person engaged in improving, maintaining or managing that harbour in the exercise and performance of statutory powers and duties;

(f)transferring to the service of a person or body to whom any powers, duties, interests, rights or liabilities are transferred by a provision of the scheme having effect by virtue of any of the foregoing paragraphs officers or servants employed by the person from whom the powers, duties, interests, rights or liabilities are transferred;

(g)dissolving any body of constables maintained by any of the relevant authorities, and transferring—

(i)the members of that body to another such body or bodies (whether or not maintained by another or other of those authorities or by a body constituted by the scheme);

(ii)property, rights or liabilities vested for the purposes of the dissolved body in the authority by whom it was maintained to an authority by whom is or is to be maintained a body of constables to which any of the members of the dissolved body are transferred;

(h)preserving (with or without adjustment) [F56or otherwise securing] the rights, as respects pensions, gratuities or other like benefits, of persons transferred by the scheme and their spouses[F57, civil partners] and dependents and of persons who are determined in accordance with the scheme to be such as would have been transferred thereby had they been serving when it comes into operation and their spouses[F57, civil partners] and dependents;

(i)making such provision as appears to the Minister necessary of expedient for rendering of full effect any provision of the scheme having effect by virtue of any of the foregoing paragraphs and such other [F58supplementary, consequential or incidental] provision as appears to him necessary or expedient for any of the purposes of the scheme, including, but without prejudice to the generality of the foregoing words, provision for repealing or amending any statutory provision of local application affecting the group or any of the harbours comprised therein.

(3)Where a harbour reorganisation scheme provides for transferring interests in land, there must, in the case of each parcel of land interests in which are proposed to be transferred, be annexed to the scheme a [F59map of a scale not less than 1:2500] on which the boundaries of that parcel are plainly delineated.

[F60(4)The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes—

(a)Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State;

(b)Part 1 of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion;

[F61and a harbour reorganisation scheme as confirmed or made by the Secretary of State shall be subject to special parliamentary procedure].]

(5)The Minister shall not confirm [F62or make] a harbour reorganisation scheme containing such provision as is authorised by subsection (2)(e) above unless it also includes provision for the payment of compensation in respect of the transfer of the interests in question.

(6)The Minister shall not confirm [F62or make] a harbour reorganisation scheme if any harbour comprised in the group to which the scheme relates is a fishery harbour or marine work.

(7)If at any time it appears to the Minister that any such provision of a harbour reorganisation scheme having effect by virtue of subsection (2)(h) above as adjusts the rights of a person operates or is likely to operate so as to put that person in a worse position than he would have been in had the provision not been included in the scheme, he may by order amend the scheme in such manner as appears to him to secure that that person is or will be in no such worse position.

Textual Amendments

F59Words in s. 18(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para.4; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

Modifications etc. (not altering text)

C25S. 18(2)(i) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), ss. 42(4)(a), 43(3); explained by ibid; s. 45

Compensation for Loss of Office, &c.E+W+S

19 Compensation for loss of office, &c., in consequence of orders and schemes under foregoing provisions. E+W+S

(1)The Minister shall by regulations make provision requiring such person or body, being a person or body subject to any of the provisions of a harbour reorganisation scheme, as may be determined by or under the regulations to pay, subject to such exceptions or conditions as may be prescribed by the regulations, compensation to, or in respect of, persons who are or, but for any national service of theirs would be, the holders of any such situation, place or employment as may be so prescribed and suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the scheme.

(2)Where it is proposed to make a harbour revision order or a harbour empowerment order, the Minister of the Crown by whom the order is to be made shall consider whether any person, who is, or but for any national service of his would be, holder of any situation, place or employment with a person or body subject to any of the provisions of the order, might if the order were made, suffer any loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the order; and if it appears to that Minister that such a person who is or would be the holder of such a situation, place or employment might suffer any such loss or diminution in consequence as aforesaid and that, if he does, compensation should be paid in respect thereof, that Minister shall not make the order unless he is satisfied that it secures that there will be paid to or in respect of that person, if he suffers any such loss or diminution in consequence as aforesaid, compensation corresponding, as near as may be, to that payable by virtue of regulations made under subsection (1) of this section to or in respect of the holder in similar circumstances of a similar situation, place or employment, in respect of similar loss or diminution suffered in consequence of any of the provisions of a harbour reorganisation scheme.

(3)Different regulations may be made under subsection (1) of this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person other than a harbour authority in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.

(4)Regulations made under subsection (1) of this section may include provision as to the manner in which, and the person to whom, any claim to compensation is to be made, and for the determination of all questions arising under the regulations.

(5)In this section “national service” means any such service in any of Her Majesty’s forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under subsection (1) of this section.

Modifications etc. (not altering text)

Control of Movement of Ships in HarboursE+W+S

20—25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63E+W+S

Textual Amendments

Harbour ChargesE+W+S

26 Repeal of provisions limiting discretion of certain harbour authorities as to ship, passenger and goods dues charged by them. E+W+S

(1)Subject to the following provisions of this Act, any statutory provision made with respect to a particular harbour authority shall cease to have effect in so far as (otherwise than by way of expressly providing for freedom from dues or in any other manner prohibiting the levying of a due) it limits the discretion of the authority as to the ship, passenger and goods dues chargeable by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (whether by specifying, or providing for specifying, the dues to be levied, or fixing or providing for fixing, dues, or otherwise).

(2)Subject to the following provisions of this Act and to any such statutory provision made with respect to them in particular as expressly provides for freedom from dues or in any other manner prohibits the levying of a due, a harbour authority shall have power to demand, take and recover such ship, passenger and goods dues as they think fit at such a harbour as aforesaid.

(3)Any such provision of the M7Harbours, Docks and Piers Clauses Act 1847 as incorporated in a statutory provision made with respect to a harbour authority as refers to rates shall, with any necessary modifications, apply to charges imposed by virtue of this section by that authority as if they were rates payable under a statutory provision made with respect to them, and any such enactment of a statutory provision made with respect to a harbour authority as refers (in whatever terms) to charges payable to them under a statutory provision made with respect to them or to charges so payable of a specified class shall (in so far as it does not cease to have effect by virtue of subsection (1) of this section) apply with any necessary modifications to charges imposed by that authority by virtue of this section or, as the case may be, to charges so imposed of that class as if they were charges so payable or, as the case may be, charges so payable of that class.

(4)Any ship, passenger and goods dues in force immediately before this section comes into operation which are exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, being dues imposed or deemed to have been imposed by or by virtue of a statutory provision made with respect to the authority, shall be deemed to have been imposed by virtue of this section.

(5)In this section “harbour authority” does not include—

(a)any of the Boards [F64or Canal & River Trust];

(b)a person carrying on an inland waterway undertaking to which provisions of section 43 of the M8Transport Act 1962 apply by virtue of section 52(2) of that Act;

(c)a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together;

and “statutory provision” includes an order made under Regulation 56 of the Defence (General) Regulations 1939 or under an order confirmed by the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the M9Fishery Harbours Act 1915.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

27 Certain charges of certain harbour authorities to be reasonable.E+W+S

(1)In place of any limitation imposed, by a statutory provision made with respect to them in particular, on the discretion of a harbour authority as to charges (of any kind other than excepted charges) that may be made by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (not being a limitation by way of expressly providing for freedom from charges or in any other manner prohibiting the making of a charge or by way of providing, by what form of words soever, that the charges shall be such as may be reasonable), there shall, by virtue of this subsection, be imposed the limitation that the charges shall be such as may be reasonable.

(2)For the purposes of the foregoing subsection the following shall be excepted charges, namely,—

(a)ship, passenger and goods dues;

(b)charges ascribable to the running of a ferry service in or from a harbour;

(c)contributions which, by virtue of a provision included in an order [F65section 28 of the M10Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act][F66under section 142 of the Water Resources Act 1991], fall to be assessed on several fisheries or the owners or occupiers thereof;

(d)duties on licences granted under [F67section 25 of the said Act of 1975] to fish;

(e)charges in respect of licences under [F68the M11Water Resources Act 1963 ][F68Chapter II of Part II of the Water Resources Act 1991] to abstract water or in respect of water authorised by such licences to be abstracted.

(3)In this section “harbour authority” has the same meaning as in the last foregoing section.

Textual Amendments

F66Words in s. 27(2)(c) substituted (E.W.) (1.12.1991) for the words "section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act" by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2) Sch. 1 para. 13(2)(a)

Modifications etc. (not altering text)

Marginal Citations

[F6927A Combined charges.E+W+S

(1)Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision—

(a)to levy ship, passenger and goods dues or equivalent dues; and

(b)to make other charges,

the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made.

(2)A harbour authority may not make a combined charge in any case where—

(a)the person who would be liable to pay the charge objects to paying a combined charge; or

(b)a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge:

but without prejudice to the power of the authority to make separate charges in such a case.

(3)A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority.

(4)In this section “equivalent dues” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour.]

Textual Amendments

28 Repeal of provisions limiting discretion of nationalised transport bodies as to ship, passenger and merchandise dues chargeable at certain harbours owned or managed by them.E+W+S

Schedule 9 to the M12Transport Act 1962 shall cease to have effect in so far as it limits the discretion of the Boards as to the ship, passenger and merchandise dues chargeable by them at the harbours specified in that Schedule.

Marginal Citations

29 Repeal of provisions limiting discretion of local lighthouse authorities as to local light dues.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70 statutory provision made with respect to a local lighthouse authority shall,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71, cease to have effect in so far as it limits the discretion of the authority as to the charges to be made by them.

F72(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any dues fixed by virtue of the said section 655(1) or by virtue of any other statutory provision, being dues that are in force immediately before the coming into operation of this section and are to be paid to a local lighthouse authority who are not a harbour authority, shall, so far as they could be imposed by virtue of this section, be deemed to have been so imposed.

Textual Amendments

F72S. 29(2)(3) repealed (1.1.1996) by 1995 c.21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

30 Duty of harbour and local lighthouse authorities to make available for inspection, and to keep for sale, copies of lists of certain charges. E+W+S

(1)A list showing the ship, passenger and goods dues for the time being exigible—

(a)by virtue of section 26 of this Act by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing; F73...

[F74(b)by virtue of section 43 of the M13Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are . . . F75F76. . . the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act;] [F77or

(c)by virtue of section 43 of the Transport Act 1962 by Canal & River Trust at a harbour specified in Schedule 9 to that Act;]

shall be kept at the harbour office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale at that office at a price not exceeding [F785p] for each copy.

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)No ship, passenger or goods due exigible as mentioned in paragraph [F80(a), (b) or (c)] of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned [F81or by Canal & River Trust] if, at the time at which it is exigible, the authority or Board [F82or Canal & River Trust] are in default in compliance with the requirement of subsection (1) of this section with respect to the keeping of a list of dues at the harbour office or the due is not shown in the list kept there at that time in compliance with that requirement; F79. . .

(4)A copy of a list which, in pursuance of subsection (1) of this section, is for the time being kept by a harbour authority . . . F83at the office of a harbour which is not a fishery harbour or marine work . . . F83or, in pursuance of subsection (2) of this section, is for the time being kept by a local lighthouse authority at their office, shall be supplied by them to [F84the Secretary of State] without charge; a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a fishery harbour shall be supplied by them to the Minister of Agriculture, Fisheries and Food [F85or, if the fishery harbour is in Wales, to the Secretary of State] without charge; and a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a harbour which is a marine work shall be supplied by them to the Secretary of State without charge.

[F86(5)Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act.

(6)References in this section to the dues or charges exigible by an authority or Board [F87or by Canal & River Trust,] are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.]

Textual Amendments

F76Words in s. 30(1)(b) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I

F79S.30(2), and words in s.30(3) repealed (1.1.1996) by 1995 c.21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

F84Words substituted by Transport Act 1981 (c. 56, SIF 58), 10(1)(3)

Modifications etc. (not altering text)

C32Functions of Minister of Agriculture, Fisheries and Food under s. 30 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1978/272, art. 2, Sch. 1

C33S. 30 applied (with modifications) (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii), s. 39(1).

S. 30 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1), 6.

S. 30: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 30 restricted (S.)(23.12.1999) by S.S.I. 1999/202, art. 27(2)

S. 30 excluded (10.7.2001) by S.S.I. 2001/262, art. 32(2)

C34S. 30 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

C38S. 30 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)

Marginal Citations

31 Right of objection to ship, passenger and goods dues. E+W+S

(1)Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues [F88other than combined charges within the meaning of section 27A of this Act; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed].

(2)Subject to subsections (10) to (12) below . . . F89 the provisions of subsections (3) to (6) below shall have effect where written objection to a charge to which this section applies imposed by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, is lodged with [F90the Secretary of State] by—

(a)a person appearing to [F90him] to have a substantial interest; or

(b)a body representative of persons so appearing;

and the objection is expressed to be made on all or any of the following grounds, namely,—

(i)that the charge ought not to be imposed at all;

(ii)that the charge ought to be imposed at a rate lower than that at which it is imposed;

(iii)that, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified;

(iv)that, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others.

(3)[F90The Secretary of State] shall, forthwith after the objection is lodged, send a copy thereof to the authority and shall give notice to the objector that, as a condition precedent to the taking by [F90the Secretary of State] of further steps in the matter of the objection, he must publish in specified newspapers a notice (which, if a form therefor is specified, must be in that form)—

(a)stating that he has lodged with [F90him] an objection to the charge (and specifying the ground or grounds on which it is expressed to be made); and

(b)stating that any such person or body as the following who desires to make to [F90the Secretary of State] representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing within the time specified in the notice (which shall not be less than forty-two days from the publication or first publication thereof).

(4)Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection), [F90the Secretary of State] shall, unless the objection has been withdrawn before the expiration of that time and no written representations in the matter have been made to [F90him] by any such person or body as is mentioned in subsection (3)(b) above before the expiration of that time, proceed to consideration of the charge and any representations made and, unless [F90he is] satisfied that [F90he] can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.

(5)Where written representations are made as mentioned in subsection (4) above, [F90the Secretary of State] shall send copies thereof to the authority and (except where the objection has been withdrawn) to the objector, and shall not proceed to consideration of the charge until such period for consideration of, and comment upon, the representations by the authority and by the objector (if the objection has not been withdrawn) as [F90the Secretary of State thinks] reasonable has elapsed.

(6)[F90the Secretary of State], after effect has been given to subsection (4) above, shall either—

(a)approve the charge but set a limit (not being later than the expiration of twelve months from the date on which [F90he approves it] to the period during which the approval is to be of effect, and give to the authority written notice that [F90he has approved it], stating the limit set; or

(b)give to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made).

(7)A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it.

(8)If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding [F91level 4 on the standard scale].

(9)Forthwith after complying on any occasion with subsection (6) above, [F90the Secretary of State] shall publish, in the newspapers in which was published notice of the lodging of the objection the lodging whereof gave rise to the proceedings that resulted in the compliance on that occasion, the notice or direction given by [F90him] to the harbour authority concerned.

(10)Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.

(11)Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with [F90the Secretary of State] of an objection to a charge and a further objection to that charge is lodged with [F90the Secretary of State] subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.

(12)If it appears to [F90the Secretary of State] that [F92the Sea Fish Industry Authority] are, or may be, concerned with a charge, [F90the Secretary of State] shall not give effect to subsection (6) above in relation to that charge without having consulted [F92the Authority].

(13)In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to [F90the Secretary of State], of references to the Minister of Agriculture, Fisheries and Food, . . . F89

Textual Amendments

Modifications etc. (not altering text)

C46Functions of Minister of Agriculture, Fisheries and Food under s. 31 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1969/388, art. 3, Sch. 2 and 1978/272, art. 2, Sch. 1

C47S. 31 applied (with modifications) (25.07.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. ii, SIF 200), s. 39(1).

S. 31 applied (with modifications) (12.6.1993) by S.I. 1993/1592, arts. 1(1),6.

S. 31 applied (5.11.1993) by 1993 c. 42, s. 15(4).

S.31 applied (with modifications)(1.1.1996) by 1995 c. 21, s. 210(8), 216(2) (with s. 132(1))

S.31 modified (1.1.1996) by 1995 c. 21, ss. 210, 216(2) Sch. 10 (with s. 132(1))

S. 31: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C48S. 31 applied (with modifications) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

C50S. 31 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)

C52S. 31(2)–(11) extended with modifications by Greater London Council (General Powers) Act 1973 (c. xxx), s. 8(5)(a)(b)

C53S. 31(2)–(12) applied (with modifications) by Pilotage Act 1987 (c. 21, SIF 111), s. 10(6)

32—34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93E+W+S

Textual Amendments

F93Ss. 32–34 repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II (both as originally enacted and as applied by any enactment)

F9435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F94S.35 repealed (1.1.1996) by 1995 c. 21, ss.314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

36

Sections 31 F95. . . of this Act shall not apply to charges—

(a)imposed by [F96 . . . F97F98. . . the British Waterways Board] [F99or Canal & River Trust] at a harbour not specified in Schedule 9 to the M14Transport Act 1962;

(b)imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or

(c)imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together [F100or by the Scottish Ministers].

Textual Amendments

F98Words in s. 36(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I

F100Words in s. 36(c) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 34

Marginal Citations

37 Special provisions with respect to certain aviation charges.E+W+S

Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under [F101section 60 of the M15Civil Aviation Act 1982] as has effect by virtue of paragraph (o) (regulation of charges for use of licensed aerodromes and for services provided thereat) of [F101subsection (3) of that section], have effect subject to that provision; and sections 27 and 31 . . . F102 of this Act shall not apply to any charges so regulated.

Textual Amendments

Marginal Citations

38 Repeal of certain enactments relating to harbour charges.E+W+S

(1)The following provisions shall cease to have effect, namely,—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

(b)any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104 any other statutory provision applying to a harbour authority in so far as (however it is expressed) it prohibits the authority from discriminating in the matter of charges imposed as aforesaid against any person in favour of any other person.

(2)In the foregoing subsection “harbour authority” does not include any such person as is mentioned in section 26(5)(c) of this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

Textual Amendments

Modifications etc. (not altering text)

39 Amendments of Acts consequential on sections 26 to 37.E+W+S

(1)In the definition of “inland waterway undertaking” in section 13(1) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954, after the word “navigation” there shall be inserted the words “not navigated by sea-going ships” and after the word “water” there shall be added the words “not so navigated”.

(2)In section 12(7) of the Milford Haven Conservancy Act 1958, for the words “charges under section seven of the Transport Charges &c. (Miscellaneous Provisions) Act 1954” there shall be substituted the words “charges in respect of the aircraft”.

(3)For paragraph 5 of Schedule 9 to the Transport Act 1962 there shall be substituted the following paragraph :—

“5(1)The charges made by any of the Boards for the use of services or facilities provided in, or in connection with, a harbour specifed in this Schedule (other than ship, passenger and goods dues, charges for the carriage of goods or passengers on any railway, charges for the use of a railway or charges in respect of railway wagons) shall be such as may be reasonable.

(2)In this paragraph the expression “ship, passenger and goods dues” has the same meaning assigned to it by section 57(1) of the Harbours Act 1964” ;

and in paragraph 6(2) of that Schedule for the words “for which the charges are regulated by” there shall be substituted the words “specified in”.

(4)An order under section 21(8) of the M16Sea Fish Industry Act 1951 declaring that a harbour has become or has ceased to be a fishery harbour may make such provision with respect to proceedings under the provisions of this Act relating to charges at the harbour which are uncompleted when the order is made and to the effect of any order or scheme made under those provisions with respect to any such charges as [F106the Secretary of State thinks] requisite or expedient in view of the change of status of the harbour.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

Textual Amendments

F106Words in s. 39(4) substituted (3.12.2001) by S.I. 2001/3503, art. 5, Sch. para. 2

Modifications etc. (not altering text)

C57The text of s. 39(1)(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

Conditions as to Use of harbour Services and Facilities provided by certain harbour AuthoritiesE+W+S

40 Conditions as to use of harbour services and facilities provided by certain harbour authorities. E+W+S

(1)A harbour authority shall have power to make the use of services and facilities provided by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing subject to such terms and conditions as they think fit except with respect to charges as to which their discretion is limited by a statutory provision (whether by specifying, or providing for specifying, charges to be made, or fixing or providing for fixing charges, or otherwise).

(2)In this section “harbour authority” has the same meaning as in section 26 of this Act.

Modifications etc. (not altering text)

C59S. 40 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

[F108Harbour directions E+W+S

Textual Amendments

40ADirectionsE+W+S

(1)A designated harbour authority may give directions (“harbour directions”) in respect of ships—

(a)within their harbour, or

(b)entering or leaving their harbour.

(2)A harbour direction may relate to—

(a)the movement of ships;

(b)mooring or unmooring;

(c)equipment (including nature and use);

(d)the manning of ships.

(3)A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.

(4)“Designated harbour authority” means—

(a)a harbour authority for a fishery harbour in Wales who are designated by order of the Welsh Ministers,

(b)a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and

(c)a harbour authority for a harbour in Scotland who are designated by order of the Scottish Ministers.

(5)A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).

(6)A harbour authority may not give a harbour direction which conflicts with an enactment.

(7)An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—

(a)inconsistent with the power to give harbour directions, or

(b)unnecessary as a result of the power.

40BProcedureE+W+S

(1)Harbour directions must be in writing.

(2)Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.

(3)A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.

(4)A harbour authority must—

(a)make harbour directions available for inspection, and

(b)supply a copy to anyone who requests it.

(5)A harbour authority may charge for the supply of copies.

(6)As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—

(a)stating that a harbour direction has been given, and

(b)giving details of the arrangements for the inspection and supply of copies of harbour directions.

40CEnforcementE+W+S

(1)The master of a ship must ensure that harbour directions are complied with.

(2)Breach of subsection (1) without reasonable excuse is an offence.

(3)A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

40DSupplementalE+W+S

(1)Harbour directions—

(a)may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and

(b)may make different provision for different circumstances, areas, periods or descriptions of ship.

(2)Harbour directions may be varied or revoked by subsequent harbour directions.

(3)In section 40A—

  • “mooring” includes casting anchor, and

  • “unmooring” includes weighing anchor.]

Furnishing of InformationE+W+S

41 Power of Council to obtain information and forecasts.E+W+S

(1)For the purpose of obtaining information and forecasts reasonably required by [F109the Secretary of State] for the exercise and performance of [F109his functions] under this Act, it shall be lawful for [F109the Secretary of State],—

(a)by notice in writing served on a person engaged in improving, maintaining or managing a harbour, to require him to furnish to [F109the Secretary of State] such information or forecasts . . . F110 as may be specified in the notice; and

(b)by notice in writing served on a person carrying out at a harbour, harbour operations of a particular description, not being the person engaged in improving, maintaining or managing that harbour, to require him to furnish to [F109the Secretary of State] such information or forecasts relating to harbour operations of that description carried out by him at that harbour as may be so specified;

and any such notice may require any such information or forecasts to be furnished in such manner and within such time as may be specified in the notice, and either periodically or on one occasion or more.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

(3)A person who fails to satisfy an obligation to which he is subject by virtue of subsection (1) above shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F112level 4 on the standard scale].

(4)No notice shall be served under subsection (1) above requiring a person to furnish information or forecasts concerning anything done or to be done at a fishery harbour or marine work; and a notice served under that subsection on a person requiring him to furnish any information or forecasts concerning anything done or to be done at a harbour shall, if the harbour becomes a fishery harbour or marine work, thereupon cease to have effect except in so far as it requires any information or forecast to be furnished before the date on which the harbour becomes a fishery harbour or marine work.

Textual Amendments

[F11342 Accounts and reports relating to harbour activities and associated activities. E+W+S

(1)It shall be the duty of every statutory harbour undertaker to prepare an annual statement of accounts relating to the harbour activities and to any associated activities carried on by him.

[F114(2)Where a statutory harbour undertaker is a parent undertaking with subsidiary undertakings which carry on harbour activities or any associated activities, then, it shall be the duty of the company also to prepare group accounts relating to the harbour activities and associated activities carried on by it and its subsidiary undertakings.]

(3)The requirements of subsection (1) or subsection (2) above are not satisfied by the preparation of a statement of accounts which relates to other matters in addition to harbour activities and associated activities.

(4)Where provision is made for the auditing of accounts prepared by any person otherwise than under this section which relate to harbour activities carried on by him (whether or not they relate to other matters) that provision shall apply also to any statement prepared by him under this section.

(5)It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section—

(a)to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and

(b)to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement.

(6)Subject to any regulations made under the next following subsection, the provisions of the F115... [F116the Companies Act 2006] as to the form and contents of accounts and reports required to be prepared under [F117that Act] shall apply to accounts and reports required to be prepared under this section, as follows—

(a)the provisions relating to [F118individual company accounts] shall apply to statements prepared in accordance with subsection (1) above;

(b)the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and

(c)the provisions relating to the directors’ report . . . F119shall apply to reports prepared in accordance with subsection (5)(b) above.

(7)The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section—

(a)prescribing cases in which the provisions of the [F120the Companies Act 2006] referred to in subsection (6) above are not to apply;

(b)modifying those provisions;

(c)prescribing requirements additional to those imposed by those provisions.

(8)Where a statutory harbour undertaker is obliged by a statutory provision of local application to prepare accounts, then, so far as those accounts relate to harbour activities or associated activities, any requirements of the statutory provision of local application as to the form and contents of the accounts shall be treated as satisfied by the preparation of accounts in the same manner that is required for a statement under this section.

(9)In this section—

  • “associated activities”, in relation to any harbour activities means such activities as may be prescribed in relation to those activities by regulations made by the Secretary of State;

  • “harbour activities” means activities involved in carrying on a statutory harbour undertaking or in carrying out harbour operations;

  • [F121 “parent undertaking” and “subsidiary undertaking” have the same meaning as in [F122the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006)];]

  • “statutory harbour undertaking” means an undertaking or part of an undertaking, whose activities consist wholly or mainly of the improvement, maintenance or management of a harbour in the exercise and performance of statutory powers and duties, and “statutory harbour undertaker” shall be construed accordingly.

(10)Regulations under subsection (7) or (9) above may be made so as to apply to all undertakers, to a class of undertakers or to a particular undertaker.

(11)This section does not apply to—

(a)the Boards [F123or Canal & River Trust];

(b)a statutory harbour undertaker the activities of whose undertaking consist wholly or mainly in the improvement, maintenance or management of a fishery harbour or marine work;

(c)a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.]

Textual Amendments

F121Definitions substituted by Companies Act 1989 (c. 40), s. 23, Sch. 10 para. 26(4) (subject to savings in S.I. 1990/355, art. 8, Sch. 3, para. 1)

Modifications etc. (not altering text)

C61S. 42 extended by Pilotage Act 1987 (c. 21), s. 14(1)

C62S. 42(2)-(9) applied (with modifications) (6.3.1992) by S.I. 1992/546, arts. 1, 2, Sch. para. 4(3)

S. 42(2)-(9) applied (25.3.1997) by S.I. 1997/948, art. 2(2), Sch. para. 5(3)

[F124Delegation of certain functions E+W

Textual Amendments

F124Ss. 42A, 42B and cross-heading inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 3(1); S.I. 2009/3345, art. 2, Sch. para. 26

42APower to make orders delegating functionsE+W

(1)The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order.

(2)An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”).

(3)The delegate—

(a)must comply with the order, and

(b)is to be taken to have all the powers necessary to do so.

(4)For so long as an order under subsection (1) remains in force, the functions designated in the order—

(a)are exercisable by the delegate acting on behalf of the authority, and

(b)are not exercisable by the authority.

This subsection is subject to subsections (5) and (6).

(5)The delegate must obtain the consent of the relevant authority before exercising any function under—

(a)section 15;

(b)section 15A;

(c)section 18.

(6)Subsection (4)(b) does not apply to any function under—

(a)section 15;

(b)section 15A;

(c)section 18.

(7)If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person.

(8)An order under subsection (1) may make different provision for different cases, different areas or different persons.

(9)The delegable functions are functions under the following sections—

(a)section 14 (making harbour revision orders, except as mentioned in paragraph (b) below);

(b)section 15 (making harbour revision orders for limited purposes for securing harbour efficiency);

(c)section 15A (making orders varying powers of appointment in the constitutions of harbour authorities);

(d)section 16 (making harbour empowerment orders);

(e)section 18 (confirming or making harbour reorganisation schemes);

(f)section 60 (making orders amending Acts of local application).

(10)In this section “the relevant authority”, in relation to any delegable function, means the authority by whom (apart from any order under subsection (1)) the function is exercisable.

42BDirections as to performance of delegated functionsE+W

(1)This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 42A by a relevant authority.

(2)The authority may from time to time give directions to the person with respect to the performance of the functions.

(3)A person to whom directions are given under this section must comply with the directions.

(4)An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.]

[F12542CConsent of Welsh Ministers required for certain orders and schemesE+W

(1)This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a)any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales;

(b)any instrument made under that Act by the Welsh Ministers;

(c)any statutory provision of local application made by the Welsh Ministers.

(2)This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers.

(3)The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies.

(4)The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme.

(5)In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.

Textual Amendments

F125Ss. 42C, 42D inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 4; S.I. 2009/3345, art. 2, Sch. para. 26

42DConsent of Secretary of State required for certain orders and schemesE+W

(1)This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a)any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England;

(b)any instrument made under that Act by the Secretary of State;

(c)any statutory provision of local application made by the Secretary of State.

(2)This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Secretary of State.

(3)The Welsh Ministers must notify the Secretary of State of any intention to make an order or scheme to which this section applies.

(4)The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Secretary of State refuses consent to the inclusion of that provision in the order or scheme.

(5)In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.]

Textual Amendments

F125Ss. 42C, 42D inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 4; S.I. 2009/3345, art. 2, Sch. para. 26

Miscellaneous and GeneralE+W+S

43 Provisions with respect to loans made under this Act by the Minister.E+W+S

(1)Any loans which the Minister makes under section . . . F126 11 of this Act shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.

(2)The Treasury may issue out of the [F127National Loan Fund] to the Minister such sums as are necessary to enable him to make loans under section . . . F126 11 of this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

(4)Any sums received by the Minister under subsection (1) of this section shall be paid into the [F127National Loan Fund] . . . F129

(5)The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under this section and of the sums to be paid into the [F127National Loan Fund] under subsection (4) of this section and of the disposal by him of those sums respectively, and send it to the Comptroller and Auditor General not later than the end of November following the year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.

Textual Amendments

F128S. 43(3) repealed by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. I but not so as to affect any money borrowed before 1.4.1968, or any requirement as respects any account or statement for the year ending on 31.3.1968 or any earlier year

F129Words repealed by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. I but not so as to affect any money borrowed before 1.4.1968 or any requirement as respects any account statement for the year ending on 31.3.1968 or any earlier year

Modifications etc. (not altering text)

[F13044 Limitation of right to challenge harbour revision orders, &c., in legal proceedings.E+W+S

(1)A person who desires to question any such order as follows, namely, a harbour revision or empowerment order [F131(not being one confirmed by Act of Parliament under section [F1324 or] 6 of the M17Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act)] [F133or an order under section 15A of this Act,] on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, . . . F134 may, within six weeks from the date on which the order becomes operative . . . F134 make an application for the purpose to the High Court or the Court of Session, as the case may be.

(1A)On an application under the foregoing subsection . . . F134, the court—

(a)may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and

(b)if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(3)Except as provided by this section, a harbour revision or empowerment order [F136, or an order under section 15A of this Act,] shall not, either before or after it is made, be questioned in any legal proceedings whatever, . . . F134.

(4)The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed [F137or made] by the Minister as they apply to a harbour revision order, with the substitution [F137, in relation to a harbour reorganisation scheme confirmed by the Secretary of State,] for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.

(5)In relation to proceedings in Scotland, subsections (1A)(a) . . . F134 of this section shall have effect as if the words “by interim order” were omitted.

[F138(6)In relation to any challenge to an order to which subsection (7) below applies, an organisation mentioned in the definition of “the public concerned” in Article 1(2) of the Directive is deemed for the purposes of—

(a)sub-paragraph (a) of Article 10a of that Directive to have an interest; and

(b)sub-paragraph (b) of Article 10a to have rights capable of being impaired.

(7)This subsection applies to a harbour revision or empowerment order authorising a project which—

(a)falls within Annex I to the Directive; or

(b)falls within Annex II to the Directive and is a relevant project.

(8)In this section, “the Directive”, “project” and “relevant project” have the meanings assigned by paragraph 1 of Schedule 3 to this Act.]

[F139(6)In the case of an order falling within subsection (7), an environmental organisation is, in accordance with Article 10a of the Directive, to be deemed to have sufficient interest to make an application under subsection (1).

(7)An order is within this subsection if the decision to make it was subject to the public participation provisions of the Directive.

(8)For the purposes of subsections (6) and (7)—

(a)“the Directive” has the meaning given in Schedule 3;

(b)an “environmental organisation” is a non-governmental organisation promoting environmental protection; and

(c)“the public participation provisions” has the same meaning as in the Directive.]

[F140(9)Section 17D(3) applies this section to closure orders.]]

Textual Amendments

F130S. 44 substituted by virtue of Docks and Harbours Act 1966 (c. 28), s. 44, Sch. 2

F138S. 44(6)-(8) added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(2), 30(3) (with s. 30(5))

Marginal Citations

M171945 c. 18. (9 & 10 Geo. 6)

45 Penalisation of furnishing false information.E+W+S

A person who—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141in purported compliance with a requirement imposed under section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14241 of this Act, gives any information which he knows to be false in a material particular or makes a statement which he knows to be so false or recklessly gives any information which is so false or recklessly makes any statement which is so false;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

shall be guilty of an offence and shall be liable—

(i)on summary conviction, to imprisonment for a term not exceeding [F145six months] or to a fine not exceeding £100, or to both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Textual Amendments

46 Restriction of disclosure of information.E+W+S

(1)No person shall disclose any information furnished to him in pursuance of a requirement imposed under section . . . F14641 of this Act . . . F147except—

(a)with the consent of the person by whom it was furnished or, as the case may be, carrying on the undertaking to which related the books, records or other documents from which it was obtained; or

(b)in the form of a summary of information so furnished by, or so obtained from documents relating to undertakings carried on by, a number of persons, being a summary so framed as not to enable particulars relating to the business of individual persons to be ascertained therefrom; or

(c)for the purpose of enabling . . . F146 the Minister to discharge . . . F146 his functions under this Act; or

(d)for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid;

and no person shall disclose anything contained in a forecast furnished to him in pursuance of a requirement under the said section 41 except with the consent of the person by whom the forecast was furnished, in the form of a summary of forecasts so furnished by a number of persons (being a summary framed as mentioned in subsection (1)(b) above), for such a purpose as is mentioned in subsection (1)(c) above or for such purposes as are mentioned in subsection (1)(d) above.

(2)If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding [F148six months] or to a fine not exceeding £100, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Textual Amendments

Modifications etc. (not altering text)

C64S. 46(1): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 2

47 Provisions as to inquiries and hearings.E+W+S

(1)[F149Subsections (2) to (5) of section 250 of the M18Local Government Act 1972] (which provides for the holding of inquiries for the purposes of that Act)—

(a)shall apply to an inquiry caused by the Minister or the Minister of Agriculture, Fisheries and Food to be held in England or Wales under any provision of this Act as they apply to an inquiry held under the said [F149section 250], subject to the following modifications, namely,—

(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

(ii)subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; . . . F151

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

and [F149subsections (4) and (5) of the said section 250] shall, with the like modifications as those specified in paragraph (a) . . . F151(ii) above, apply to any hearing caused by the Minister or the Minister of Agriculture, Fisheries and Food to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.

F153[(1A)The power to make an order as to costs under section 250(5) of the Local Government Act 1972 as applied by subsection (1) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.]

(2)[F154Subsections (3) to (8) of section 210 of the M19Local Government (Scotland) Act 1973] (provisions as to local inquiries) shall, subject to the provisions of the next following subsection, apply to an inquiry caused by the Minister or the Secretary of State to be held in Scotland under any provision of this Act as they apply in relation to local inquiries under that section, . . . F151 subject to the following modifications, namely—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

(b)[F154subsection (7)] shall have effect as if references to the payment of expenses by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown, had been omitted;

and [F154subsections (7) and (8) of the said section 210] shall, with the like modification in the case of [F154subsection (7)] as is specified in paragraph (b) above, apply to any hearing caused by the Minister or the Secretary of State to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.

F156[(2A)The power to make an award as to expenses under section 210(8) of the Local Government (Scotland) Act 1973 as applied by subsection (2) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.]

(3)[F157In relation to Scotland, any inquiry [F158into an order subject to the provisions of paragraph 4B of Schedule 3] to this Act shall, if the Minister or the Secretary of State so directs, be held by Commissioners under the M20Private Legislation Procedure (Scotland) Act 1936; and where any direction is so given—

(a)it shall be deemed to have been given under section 2 as read with section 10 of the M21Statutory Orders (Special Procedure) Act 1945;

(b)the publication and service of the proper notice required in connection with the making of the order or, as the case may be, the confirmation [F159or making] of the scheme which is the subject of the inquiry shall be deemed to be sufficient compliance with the requirements of the said section 2 with regard to the giving of notice by advertisement;

(c)the last foregoing subsection shall not apply to such an inquiry; and

(d)the said paragraphs shall have effect as if for any references therein to an inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.]

Textual Amendments

F153S. 47(1A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F156S. 47(2A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(3); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

F158Words in s. 47(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 5(4); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

Marginal Citations

48 Service of documents.E+W+S

(1)Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by post by means of the recorded delivery service.

(2)Any such document required or authorised to be given to or served on an authority or body being a corporation shall be duly given or served if it is given to or served on the secretary or clerk of the authority or body.

(3)For the purposes of this section and of [F160section 7 of the M22Interpretation Act 1978] in its application to this section, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served, subject, however, to this qualification, that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed, furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.

(4)If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Textual Amendments

Marginal Citations

M221978 c. 30 (115:1).

[48AF161 Environmental duties of harbour authorities.E+W+S

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to—

(a)the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;

(b)the desirability of preserving for the public any freedom of access to places of natural beauty; and

(c)the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.]

Textual Amendments

F161S. 48A inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 6; S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

49 Provisions as to ecclesiastical property.E+W+S

(1)Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the [F162Diocesan Board of Finance for the diocese in which the land is situated].

(2)[F163Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant], it shall be treated for the purposes of an application to the Minister or the Minister of Agriculture, Fisheries and Food for any of the following orders in which provision for the compulsory acquisition of the property is proposed to be included, namely, a harbour revision order, a harbour empowerment order, . . . F164 and of a compulsory acquisition of the property in pursuance of a provision for the compulsory acquisition thereof included in any such order, as being vested in the [F162Diocesan Board of Finance for the diocese in which the land is situated], and (in the case of such an acquisition as aforesaid) any notice to treat shall be served accordingly.

(3)Where provision for the compulsory acquisition of land is included in such an order as aforesaid, the order must be so framed as to secure—

(a)that if, at the time of the acquisition of any land in pursuance of that provision, the land is ecclesiastical property, any sum agreed upon or awarded for the acquisition of the fee simple of the land shall be paid to the [F162Diocesan Board of Finance for the diocese in which the land is situated]; and

(b)that any sum to be paid by way of compensation for damage sustained by reason of severance or injury affecting land that is ecclesiastical property (being severance or injury arising from the acquisition of land in pursuance of that provision) shall be so paid.

(4)Any sum which, in pursuance of a provision included in an order in compliance with the last foregoing subsection, is paid to the [F162Diocesan Board of Finance for the diocese in which the land is situated] with reference to any land shall, if the land is not consecrated, be applied by [F165it] for the purposes for which the proceeds of a sale by agreement of the fee simple of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by [F165it] [F165as if the land had been sold under the Pastoral Measure 1983].

(5)In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.

Textual Amendments

F162Words in s. 49 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(a); Instrument 2006 No. 2 made by the Archbishops

F163Words in s. 49(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(b); Instrument 2006 No. 2 made by the Archbishops

F165Words in s. 49(4) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(c); Instrument 2006 No. 2 made by the Archbishops

50 Reckoning of periods.E+W+S

For the purposes of this Act, in reckoning any period which is therein, or in an order thereunder, expressed to be a period from a given date, that date shall be excluded.

51 Modification of Harbours, Piers and Ferries (Scotland) Act 1937.E+W+S

(1)On coming into operation of this section, for the definition of “marine work” in section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 there shall be substituted the following definition—

““marine work” means a marine work as defined in the Harbours Act 1964”.

(2)Where a harbour owing to the operation of the foregoing subsection has ceased to be a marine work the provisions of the two next following subsections shall have effect in relation to that harbour.

(3)Sections 16 and 18 of the M23Harbours, Piers and Ferries (Scotland) Act 1937 (deficiency in revenue and levying of rates to meet deficiency) shall continue to apply as they apply to a marine work; and in relation to any works duly authorised for that harbour before the coming into operation of this section, Parts II, III and IV of the said Act of 1937 shall continue so to apply.

(4)Until the coming into operation of an order under this Act of corresponding effect to any provision of Parts II, III and IV of the said Act of 1937, that provision shall continue to apply.

Modifications etc. (not altering text)

C65The text of s. 51(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

52 Application of Act to Crown. E+W+S

(1)An interest in land in which there is a Crown or Duchy interest may, if the appropriate authority consent to the acquisition thereof, be acquired compulsorily by virtue of this Act, and a power (other than one to acquire land compulsorily) may, if the appropriate authority consent to its being so conferred, be conferred by a harbour revision or empowerment order in relation to land in which there is a Crown or Duchy interest.

(2)In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” has the same meaning as in [F166subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section] as to the determination of questions shall apply for the purposes of this section.

(3)In the application of this section to Scotland—

(a)in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;

(b)subsection (2) shall not apply; and

(c)“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a goverment department, and the “appropriate authority”—

(i)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown estate means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land; and

(ii)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.

(4)If any question arises as to what authority is the appropriate authority in relation to any land for the purposes of the last foregoing subsection, that question shall be referred to the Treasury, whose decision shall be final.

Textual Amendments

Modifications etc. (not altering text)

[F16753 Saving for telegraphic lines. E+W+S

Paragraph 23 of the [F168electronic communications code] (which provides a procedure for certain cases where works involve the alteration of [F169electronic communications apparatus]) shall apply, for the purposes of works in pursuance of a harbour revision order and works authorised by a harbour empowerment order, to the person authorised to execute those works.]

Textual Amendments

F168Words in s. 53 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 30(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F169Words in s. 53 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 30(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

54 Orders and regulations.E+W+S

(1)Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.

(2)A statutory instrument containing an order under section F170... , 9(1), [F17115A], 18(7), F170... or 60 of this Act or regulations under section 19, F170... or 42 thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F172(3)Subsection (4) applies to any statutory instrument containing—

(a)an order made under section 42A by a relevant authority in relation to a delegable function, or

(b)an order made by any person, by virtue of an order under that section, in the exercise of a delegable function under section 14, 15, 16 or 18.

(4)A statutory instrument to which this subsection applies—

(a)if the relevant authority in relation to the delegable function is the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)if the relevant authority in relation to the delegable function is the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

[F173(5)A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

(6)A statutory instrument containing an order under section 40A—

(a)if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

(b)if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F172S. 54(3)(4) inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 3(2); S.I. 2009/3345, art. 2, Sch. para. 26

[F17454A“Developments of national significance” etc.: special procedureS

[F175(1)Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.]

(2)[F176An order] falls within this subsection if—

(a)[F177it] authorises the carrying out of work which would constitute a national development; or

(b)[F178it] is the subject of a direction by the Scottish Ministers under this paragraph.

(3)In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

[F179(4)The order is subject to the affirmative procedure.]

(5)[F180An order (“the new order”)] which revokes, amends or re-enacts an [F181order (“the old order”) which was subject to the affirmative procedure by virtue] of subsection (4) above is subject to the procedure in that subsection only if—

(a)the [F182new] order authorises the carrying out of work which would constitute a national development (other than a national development to which the [F183old order] relates); or

(b)the Scottish Ministers so direct.]

Textual Amendments

55 Offences by corporations.E+W+S

(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

(2)In the foregoing subsection, the expression “director” in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184E+W+S

Textual Amendments

57 Interpretation.E+W+S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F186“Act” means an Act of Parliament or an Act of the Scottish Parliament;]

  • “the Boards” means F187. . . F188. . . the British Waterways Board [F189and includes F190. . ., the Scottish Transport Group and any subsidiary within the meaning of the M24Transport Act 1968 of any of those Boards or of that . . . F190 Group;]

  • [F191“bridleway”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in Part III of the Countryside (Scotland) Act 1967;]

  • “charges” includes fares, rates, tolls and dues of every description;

  • [F192“closure order” has the meaning given by section 17A;]

  • “the Consolidated Fund” means the Consolidated Fund of the United Kingdom;

  • F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “district board” has the same meaning as in the Salmon and Freshwater Fisheries (Protection) M25(Scotland) Act 1951;

  • “dock” means a dock used by sea-going ships;

  • F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F186“enactment” includes an Act of the Scottish Parliament or an instrument made under such an Act;]

  • “first local advertisement” means, in relation to the publication of a notice as respects a harbour or group of harbours, the first publication of the notice in a local newspaper circulating in the locality where the harbour or group is situate;

  • “fish” includes molluscs and crustaceans;

  • “fishery harbour” has the same meaning as in section 21 of the M26Sea Fish Industry Act 1951;

  • [F194“footpath”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984;]

  • “functions” includes powers and duties;

  • “Gazette and local advertisement” means, in relation to an application, proposed order, order or scheme relating to a harbour or group of harbours, publication in the Gazette and, in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour or group is situate;

  • “the Gazette” means—

    (a)

    in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; and

    (b)

    in relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette;

  • “goods” includes fish, livestock and animals of all descriptions;

  • “harbour”, except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes a dock, a wharf, and in Scotland a . . . F195boatslip being a marine work, and, where used with reference to such an authority, has the [F196same meaning as in the Merchant Shippping Act 1995]

  • “harbour authority” means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour;

  • “harbour empowerment order” has the meaning assigned to it by section 16(4) of this Act;

  • “harbour land” means land adjacent to a harbour and occupied wholly or mainly for the purposes of activities there carried on;

  • “harbour operations” means,—

    (a)

    the marking or lighting of a harbour or any part thereof;

    (b)

    the berthing or dry docking of a ship;

    (c)

    the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf;

    (d)

    the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land;

    (e)

    in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)—

    (i)

    the towing, or moving of a ship which is in or is about to enter or has recently left the harbour;

    (ii)

    the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto;

    (iii)

    the lighterage or handling of goods in the harbour; and

    (f)

    in relation to a wharf,—

    (i)

    the towing or moving of a ship to or from the wharf;

    (ii)

    the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship;

  • “harbour revision order” has the meaning assigned to it by section 14(1) of this Act;

  • “harbour reorganisation scheme” has the meaning assigned to it by section 18(1) of this Act;

  • “improvement committee” has the meaning assigned to it by section 3(1) of the M27Land Drainage (Scotland) Act 1958;

  • “land” includes land covered by water;

  • F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “lighthouse” has the [F196same meaning as in the Merchant Shipping Act1995]

  • “local lighthouse authority” means any person having by law or usage authority over local lighthouses, buoys or beacons;

  • “marine work” [F198means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the M28Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of [F199section 1159 of the Companies Act 2006] of that Group)];

    (a)

    which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, or

    (b)

    which, being situated in one of the following [F198areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute] is, in the opinion of the Secretary of State and the Minister, principally used or required for the fishing or agricultural industries or the maintenance of communications between any place in those [F198areas] counties and any other place in Scotland;

  • [F200“master”, in relation to a ship, means the person who has command or charge of the ship for the time being;]

  • “the Minister” means [F201the Secretary of State for Transport];

  • “owner”, in relation to any land, other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years, and in relation to any land in Scotland—

    (a)

    unless the land is held on a long lease, means F202... the owner of the land;

    (b)

    if the land is held on a long lease, means the lessee under that lease; and

    (c)

    includes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking;

    and “long lease” means a lease which has been, or is capable of being, [F203registered in the Land Register of Scotland or] recorded in the General Register of Sasines under the M29Registration of Leases (Scotland) Act 1857;

  • “plant or equipment” includes vessels;

  • “port”, where used with reference to a local lighthouse authority, includes place;

  • “provisional order” means an order confirmed by an Act, by the Board of Agriculture and Fisheries, the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the M30Fishery Harbours Act 1915 or by the Secretary of State in pursuance of section 5(5)(ii) of the M31Harbours, Piers and Ferries (Scotland) Act 1937;

  • [F204“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;]

  • [F205“river purification authority” has the meaning assigned to it by section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951;]

  • “river works duties” means duties imposed by an Act to do things of the kinds authorised to be done in exercise of river works powers;

  • “river works powers” means powers conferred by [F206section 17 of the M32Land Drainage Act 1976] or corresponding provisions of a local Act [F207or under section 67 or by section 69 of the M33Water Resources Act 1963] or by an improvement order under section 1 of the M34Land Drainage (Scotland) Act 1958 or by section 13 as read with section 41 of the M35Salmon Fisheries (Scotland) Act 1868 F208... or by any local enactment relating to Scotland which confers powers corresponding to the powers conferred by an improvement order or which contains provisions corresponding to the provisions of the said Acts of 1868 F209...;

  • “ship”, where used as a noun, includes every description of vessel used in navigation, seaplanes on the surface of the water and [F210hovercraft within the meaning of the M36Hovercraft Act 1968];

  • “ship, passenger and goods dues” means, in relation to a harbour, charges (other than any exigible by virtue of section 29 of this Act) of any of the following kinds, namely,—

    (a)

    charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour;

    (b)

    charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); and

    (c)

    charges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried);

  • “statutory duties” means, in relation to a harbour authority, duties vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works duties;

  • “statutory powers” means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers;

  • “statutory provision” means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act;

  • “wharf” means any wharf, quay, pier, jetty or other place at which sea-going ships can ship or unship goods or embark or disembark passengers.

(2)References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.

(3)Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.

(4)Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.

(5)Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

[F211(6)Any reference in this Act to Canal & River Trust shall be construed as including a reference to any company that is a subsidiary (within the meaning of the Companies Act 2006) of Canal & River Trust.]

Textual Amendments

F188S. 57(1): words in the definition of “the Boards” repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3, Sch. 2 Pt. I

F191Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(2); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F193Definition in s. 57(1) omitted (1.2.2000) by virtue of S.I. 1999/3445, reg. 15(3)

F194Definition in s. 57(1) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 7(3); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F196Words in definitions of “harbour” and “lighthouse” in s. 57(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para.33 (with s. 312(1))

F197Definition in s. 57(1) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

F201Words substituted by virtue of S.I. 1981/238, arts. 2(2), 3(4)

F204Words in s. 57(1) inserted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F205Definition of "river purification authority" in s. 57(1) ceases to have effect (S.) (1.4.1996) by virtue of S.I. 1996/973, reg. 2, Sch. para. 2(2)

Modifications etc. (not altering text)

C69References to Minister and Secretary of State in definition of “marine work” to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland: S.I. 1970/1681, Sch. 3 para. 11(1)

Marginal Citations

58 Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers.E+W+S

For the purposes of this Act neither an internal [F212drainage board, the Environment Agency, the Natural Resources Body for Wales, a water] [F213[F214undertaker], [F215the Scottish Environment Protection Agency] a district board nor an improvement committee] shall be taken to be a harbour authority if, apart from this provision, they would only be taken to be such by reason of the fact that river works powers or duties are vested in them; and any reference in this Act to functions of a harbour authority relating to a harbour shall be construed as not including a reference to such powers or duties.

Textual Amendments

F215Words in s. 58 substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 2(3)

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216E+W+S

Textual Amendments

60 Power to amend Acts of local application. E+W+S

(1)The appropriate Minister may, subject to the provisions of this section, by order repeal or amend any provision relating to a harbour which is contained in a local Act passed before this Act or in a provisional order confirmed or made before this Act or any provision in the M37Milford Haven Conservancy Act 1958, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.

(2)The appropriate Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted, or in a provisional order which was applied for, by a harbour authority or by any body who became a harbour authority by virtue of the Act or order or whose functions under the Act or order have became exercisable by a harbour authority, except on the application of that authority.

(3)Before making an order under this section the appropriate Minister shall consult with any harbour authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.

(4)An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.

(5)In this section “the appropriate Minister”, except in the case of the repeal or amendment of a provision relating to a fishery harbour or marine work, means the Minister, in the case of the repeal or amendment of a provision relating to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of the repeal or amendment of a provision relating to a marine work means the Secretary of State.

Modifications etc. (not altering text)

C70Functions of Minister of Agriculture, Fisheries and Food under s. 60 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: S.I. 1978/272, art. 2, Sch. 1

C71S. 60: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

61 Expenses.E+W+S

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.

F21762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F217S. 62 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), ss. 63(1), 68(1), Sch. 3 para.8, Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.(with art. 4) (subject as mentioned in art. 3)

63†Short title, extent, repeal and commencement.E+W+S

(1)This Act may be cited as the Harbours Act 1964.

(2)This Act . . . F218 shall not extend to Northern Ireland.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

(4)Sections 26 to 40 of this Act, and the last foregoing subsection, shall come into operation on such day as the Minister may by order appoint.

Textual Amendments

Modifications etc. (not altering text)

C72Unreliable marginal note

C73Power of appointment under s. 63(4) fully exercised: 1.10.1964 appointed under s. 63(4) by S.I. 1964/1424

SCHEDULES

F220F220SCHEDULE 1E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 14.

SCHEDULE 2E+W+S Objects for whose Achievement Harbour Revision Orders may be made

Modifications etc. (not altering text)

1E+W+SReconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution, or establishing, as the harbour authority, in lieu of the existing one, an existing body designated in that behalf or a body constituted for the purpose.

2E+W+SRegulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority.

3E+W+SVarying or abolishing duties or powers imposed or conferred on the authority by a statutory provision of local application affecting the harbour, being duties or powers imposed or conferred for the purpose of—

(a)improving, maintaining or managing the harbour;

(b)marking or lighting the harbour, raising wrecks therein or otherwise making safe the navigation thereof; or

(c)regulating the carrying [F221on by others of activities relating to the harbour or of] activities on harbour land.

Textual Amendments

F221Words in Sch. 2 para. 3(c) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 9(2); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)

4E+W+SImposing or conferring on the authority, for the purpose aforesaid, duties or powers (including powers to make byelaws), either in addition to, or in substitution for, duties or powers imposed or conferred as mentioned in paragraph 3 above.

5E+W+STransferring from the authority to another or to the authority from another all or any of the property vested in, as the case may be, the authority or that other and held for the purposes of the harbour and, so far as they relate to the transferred property, all or any of the duties and powers imposed and conferred on, as the case may be, the authority or that other by a statutory provision of local application affecting the harbour.

6E+W+SSettling (either for all purposes or for limited purposes) the limits within which the authority are to have jurisdiction or altering (either for all purposes or for limited purposes) such limits as previously settled.

7E+W+SConferring on the authority power to acquire (whether by agreement or compulsorily) land described in the order, being land required by them for the purpose of its being used as the site of works that they have, or will by virtue of the order have, power to execute or for some other purpose of the harbour.

[F2227AE+W+S Extinguishing or diverting public rights of way over footpaths [F223or bridleways][F223, bridleways or restricted byways] for the purposes of works described in the order or works ancillary to such works.]

Textual Amendments

F222Sch. 2 paras. 7A, 7B inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 9(3); S.I. 1992/1347, art. 2, Sch.(subject as mentioned in art. 3)

F223Words in Sch. 2 para. 7A substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Modifications etc. (not altering text)

C75Sch. 2 para. 7A applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

F2247BE+W+S Extinguishing public rights of navigation for the purposes of works described in the order or works ancillary to such works, or permitting interference with the enjoyment of such rights for the purposes of such works or for the purposes of works carried out by a person authorised by the authority to carry them out.

Textual Amendments

8E+W+SAuthorising justices of the peace to appoint, on the nomination of the authority, persons to act as constables within any limits within which the authority have jurisdiction in relation to the harbour and within one mile outside any such limits, and to dismiss persons appointed by virtue of this paragraph, and conferring on persons so appointed, while acting within any such limits as aforesaid or within one mile outside any such limits, the powers which a constable has within his constablewick.

[F2258AE+W+S Enabling the authority to close part of the harbour or to reduce the facilities available in the harbour.]

Textual Amendments

9E+W+SEmpowering the authority to dispose of property vested in them and held for the purposes of the harbour which is no longer required for those purposes.

[F2269AE+W+S Empowering the authority (alone or with others) to develop land not required for the purposes of the harbour with a view to disposing of the land or of interests in it, and to acquire land by agreement for the purpose of developing it together with such land.]

Textual Amendments

F2279BE+W+S Empowering the authority to delegate the performance of any of the functions of the authority except—

(a)a duty imposed on the authority by or under any enactment;

(b)the making of byelaws;

(c)the levying of ship, passenger and goods dues;

(d)the appointment of harbour, dock and pier masters;

(e)the nomination of persons to act as constables;

(f)functions relating to the laying down of buoys, the erection of lighthouses and the exhibition of lights, beacons and sea-marks, so far as those functions are exercisable for the purposes of the safety of navigation.

Textual Amendments

F227Sch. 2 paras. 9A, 9B inserted (15.7.1992) by Transport and Works Act 1992 (c .42), s. 63(1), Sch. 3 para. 9(5); S.I. 1992/1347, art. 2, Sch. (subject as mentioned in art. 3)

10E+W+SEmpowering the authority to borrow money, with or without limitation with respect to the amount that may be borrowed or the time or manner in which the power may be exercised.

11E+W+SEmpowering the authority to levy at the harbour charges other than ship, passenger and goods dues or varying or abolishing charges (other than as aforesaid) levied by them at the harbour.

12E+W+SSecuring the efficient collection of charges levied by the authority at the harbour and specifying the times at which and the persons by whom such charges are to be paid.

13E+W+SRegulating the application of moneys in the nature of revenue received by the authority and securing that the financial affairs of the authority are properly managed.

14E+W+SVarying or extinguishing any exemption from charges levied by the authority at the harbour or any other right or privilege enjoyed thereat.

15E+W+SSecuring the welfare of the authority’s officers and servants and empowering the authority to provide, or secure the provision of, pensions, gratuities and other like benefits for or in respect of their officers and servants.

16E+W+SExtending the time within which anything is required or authorised by a statutory provision of local application affecting the harbour to be done in relation to the harbour by the authority or fixing a time within which anything authorised by the order to be so done must be done.

[F22816AE+W+S Imposing or conferring on the authority duties or powers (including powers to make byelaws) for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features.]

Textual Amendments

17E+W+SAny object which, though not falling within any of the foregoing paragraphs, appears to the appropriate Minister to be one the achievement of which will conduce to the efficient functioning of the harbour.

Sections 17, 47

[F229SCHEDULE 3E+W+S PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Textual Amendments

Modifications etc. (not altering text)

C76Sch. 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

PART IE+W+S ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

IntroductoryE+W+S

1E+W+SIn this Part of this Schedule—

  • “the Directive" means Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC [F230and Council Directive 2003/35/EC] [F231and by Directive 2003/35/EC of the European Parliament and of the Council];

  • “EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • “EEA State" means a State which is a Contracting Party to the EEA Agreement;

  • “environmental statement" means a statement which includes the information mentioned in paragraph 8(2) and such additional information as the Secretary of State may require under paragraph 8(3);

  • “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951;

  • “project" means—

    (a)

    the execution of construction works or other installations or schemes, and

    (b)

    other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

  • “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

  • “selection criteria" means the criteria set out in Annex III to the Directive;

  • “sensitive area" means any of the following—

    (a)

    [F232land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);]

    [F233land within a site of special scientific interest;]

    (b)

    [F233land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect;]

    (c)

    [F234land declared to be a national nature reserve under section 35 of that Act;]

    (d)

    [F234an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies;]

    (e)

    [F234a National Park within the meaning of the National Parks and Access to the Countryside Act 1949;]

    (f)

    [F234the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988;]

    (g)

    a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;

    (h)

    a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;

    (i)

    [F234an area of outstanding natural beauty designated by order under [F235section 87 of the National Parks and Access to the Countryside Act 1949][F235section 82 of the Countryside and Rights of Way Act 2000] (designation of areas of outstanding natural beauty);]

    (j)

    [F236a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994;]

    [F236a European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8);]

    (k)

    an area designated F237... [F238as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997];

    (l)

    [F239 an area designated as a national park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000].

Textual Amendments

F230Words in Sch. 3 para. 1 added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(i), 30(3) (with s. 30(5))

F232Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

F233Words in Sch. 3 para. 1 substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(a) (with s. 55(2)); S.S.I. 2004/495, art. 2 (para (b) had previously been repealed for E.W. (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p))

F234Words in Sch. 3 para. 1 repealed (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(ii), 30(3) (with s. 30(5))

F235Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)

F237Words in Sch. 3 para. 1 repealed (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(b) (with s. 55(2)); S.S.I. 2004/495, art. 2

F239Words in Sch. 3 para. 1 added (S.) (14.5.2007) by virtue of Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(a)(iii), 30(3) (with s. 30(5))

2E+W+SA project shall be treated for the purposes of this Part as not falling within Annex II to the Directive unless—

(a)the area of the works comprised in the project exceeds 1 hectare,

(b)any part of the works is to be carried out in a sensitive area, or

(c)the Secretary of State determines that the project shall be treated for the purposes of this Part as falling within that Annex.

Pre-application procedureE+W+S

3E+W+SA person may not make an application for a harbour revision order which, directly or indirectly, authorises any project unless—

(a)he has given the Secretary of State notice of his intention to make the application, and

(b)the Secretary of State has responded under paragraph 5 or 6(3).

4E+W+SWhere the Secretary of State is notified of a proposed application under paragraph 3(a) he shall decide—

(a)whether the application relates to a project which falls within Annex I or II to the Directive, and

(b)if it relates to a project which falls within Annex II, whether, taking into account the selection criteria, the project is a relevant project.

5E+W+SIf the Secretary of State decides that the application—

(a)does not relate to a project which falls within Annex I or II to the Directive, or

(b)relates to a project which falls within Annex II but is not a relevant project,

he shall inform the proposed applicant in writing of his decision.

6(1)If the Secretary of State decides that the application relates to a project which falls within Annex I or within Annex II to the Directive and is a relevant project—E+W+S

(a)he shall in writing inform the proposed applicant of the decision, and give him the reasons for his decision,

(b)sub-paragraph (2) shall apply, and

(c)if the applicant makes the application, paragraph 8 shall apply.

(2)Where this sub-paragraph applies the Secretary of State shall give an opinion to the proposed applicant about the extent of the information referred to in Annex IV to the Directive which the proposed applicant would be required under paragraph 8(1) to supply in an environmental statement.

(3)In giving an opinion under sub-paragraph (2), the Secretary of State shall take into account the extent to which he considers—

(a)information to be relevant to his decision under paragraph 19 and to the specific characteristics of the project to which the proposed application relates and of the environmental features likely to be affected by it; and

(b)that (having regard in particular to current knowledge and methods of assessment) the proposed applicant may reasonably be required to compile the information.

(4)The Secretary of State shall not give an opinion under sub-paragraph (2) until he has consulted the proposed applicant and such bodies with environmental responsibilities as he thinks appropriate.

The applicationE+W+S

7E+W+SAn application for a harbour revision order must be accompanied by—

(a)[F240six copies of] a draft of the proposed order,

(b)[F240six copies of] any map which, if the order is made in the form of the draft, will be annexed to it, and

(c)such fee as the Secretary of State may determine.

Textual Amendments

F240Words in Sch. 3 para. 7(a)(b) repealed (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 2(2), 3

8(1)Where this paragraph applies pursuant to paragraph 6(1), the Secretary of State shall direct the applicant to supply him with an environmental statement in such form as he may specify.E+W+S

(2)The environmental statement shall include the following information—

(a)a description of the project comprising information on its site, design and size;

(b)a description of the measures which the applicant proposes to take in order to prevent, reduce or remedy significant adverse effects;

(c)data required to identify and assess the main effects which the project is likely to have on the environment;

(d)an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and

(e)a non-technical summary of the information mentioned in paragraphs (a) to (d).

(3)The Secretary of State may require the applicant to include in the environmental statement specified information in addition to the information listed in sub-paragraph (2) (whether or not specified in the opinion given under paragraph 6(2)).

(4)The Secretary of State may specify information under sub-paragraph (3) only if it is information of a type set out in Annex IV to the Directive and he considers that—

(a)it is relevant to his decision under paragraph 19 and to the specific characteristics of the project to which the application relates and of the environmental features likely to be affected by it; and

(b)(having regard in particular to current knowledge and methods of assessment) the applicant may reasonably be required to compile the information.

9E+W+SThe Secretary of State shall not consider an application for a harbour revision order unless the applicant complies with any direction under paragraph 8(1) and with any relevant requirements of paragraphs 10 to 14.

NoticesE+W+S

10(1)An applicant shall arrange for a notice to be published—E+W+S

(a)by Gazette and local advertisement, and

(b)in such other ways as the Secretary of State may direct.

(2)The notice must—

(a)state that an application has been made for the order,

(b)state the Secretary of State’s decision under paragraph 4 and any reasons given under paragraph 6(1),

(c)state whether an environmental statement has been supplied under paragraph 8(1),

(ca)[F241where such a statement has been supplied—

(i)provide an address from which a copy of the statement can, until the expiry of the period referred to in paragraph (f), be obtained and information as to the amount of any charge for the provision of such a copy, and

(ii)state whether paragraph 16 applies,]

[F242where such a statement has been supplied—

(i)provide an address from which a copy of the statement can, until the expiry of the period referred to in head (f), be obtained and information as to the amount of any charge for the provision of such a copy,

(ii)provide an address from which further information about the works proposed to be authorised can, until the expiry of that period, be obtained, and

(iii)state whether paragraph 16 applies,]

(d)contain a concise summary of the draft order,

(e)give a general description of any land proposed for compulsory acquisition and of the nature of any works proposed to be authorised, F243F244...

(f)state that any person who desires to object to the application [F245or to make representations in relation to any environmental statement supplied under paragraph 8(1)][F246or to make representations in relation to any environmental statement supplied under paragraph 8(1)] should do so in writing to the Secretary of State, specifying [F247(where relevant)][F248(where relevant)] the grounds of the objection, before the expiry of the period of 42 days starting with a date specified in the notice, [F249and

(g)provide details of the procedure under this Schedule for dealing with any objection or representations made under head (f)] [F250and

(g)provide details of the procedure under this Schedule for dealing with any objection or representations made as mentioned in the notice].

[F251(2A)Any charge imposed as mentioned in sub-paragraph (2)(ca)(i) must be reasonable.]

(3)The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper.

(4)The notice must also specify a place where copies of the following documents can [F252, until the expiry of the period referred to in sub–paragraph (2)(f),][F253, until the expiry of the period referred to in sub-paragraph (2)(f),] be inspected at all reasonable hours—

(a)the draft order,

(b)the decision of the Secretary of State referred to in sub-paragraph (2)(b),

(c)any environmental statement supplied under paragraph 8(1), and

(d)any map accompanying the application.

(5)The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map.

Textual Amendments

F242Sch. 3 para. 10(2)(ca) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(i), 30(3) (with s. 30(5))

F243Word in Sch. 3 para. 10(2)(e) repealed (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(ii), 30(3) (with s. 30(5))

F246Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iii), 30(3) (with s. 30(5))

F248Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iv), 30(3) (with s. 30(5))

F249Sch. 3 para. 10(2)(g) and preceding word added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(v), 30(3) (with s. 30(5))

F253Words in Sch. 3 para. 10(4) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(c), 30(3) (with s. 30(5))

10A[F254(1)This paragraph applies where—

(a)a notice has been published under paragraph (10)(1) which states that an environmental statement has been supplied under paragraph 8(1), and

(b)prior to the Secretary of State making a decision under paragraph 19(2)—

(i)he is supplied by the applicant or any other person with further information; and

(ii)he is of the view that that information requires to be considered in order properly to assess the likely environmental effects of the proposed project.

(2)Subject to sub-paragraph (3), where this paragraph applies the Secretary of State must publish a notice, or direct another person to publish a notice, which—

(a)states that further information of the sort referred to in paragraph (b) has been received,

(b)specifies a place where a copy of the information can, until the expiry of the period referred to in paragraph (d), be inspected at all reasonable hours,

(c)provides an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and

(d)states that any person who desires to make representations in relation to the information should do so in writing to the Secretary of State before the expiry of the period of 42 days starting with a date specified in the notice.

(3)The Secretary of State is not required to publish, or direct the publication of, a notice under sub-paragraph (2) if he considers that the information will be made publicly available at an inquiry or hearing under paragraph 18.

(4)The notice must be published —

(a)by Gazette and local advertisement, and

(b)in such other ways, if any, as seem to the Secretary of State appropriate.

(5)Any charge imposed as mentioned in sub-paragraph (2)(c) must be reasonable.

(6)The date specified in accordance with sub–paragraph (2)(d) must be the date on which the notice first appears in a local newspaper.]

[F255(1)This paragraph applies where—

(a)an environmental statement has been supplied under paragraph 8(1), and

(b)prior to the Scottish Ministers making a decision under paragraph 19(2), they are supplied by the applicant or any other person with further information falling within sub-paragraph (2).

(2)Information falls within this sub-paragraph if—

(a)the Scottish Ministers are of the view that it requires to be considered in order properly to assess the likely environmental effects of the proposed project, and

(b)it is not information required for the purposes of an inquiry or hearing held under paragraph 18.

(3)The applicant shall arrange for a notice to be published—

(a)by Gazette and local advertisement, and

(b)in such other ways as seem to the Scottish Ministers appropriate.

(4)The notice must—

(a)state that further information of the sort referred to in sub-paragraph (2)(a) has been received,

(b)specify a place where a copy of the information can, until the expiry of the period referred to in head (d), be inspected at all reasonable hours,

(c)provide an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and

(d)state that any person who desires to make representations in relation to the information should do so in writing to the Scottish Ministers before the expiry of the period of 42 days starting with a date specified in the notice.

(5)The date specified in accordance with sub-paragraph (4)(d) must be the date on which the notice first appears in a local newspaper.]

Textual Amendments

F255Sch. 3 para. 10A added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(d), 30(3) (with s. 30(5))

11E+W+SIf the order will authorise the compulsory acquisition of land the applicant shall, in respect to each parcel of land, serve a notice on [F256every owner, lessee and occupier other than a tenant for a month or any period less than a month] [F256every owner, lessee, tenant (whatever the tenancy period) and occupier]—

(a)stating that an application has been made to the Secretary of State for the making of an order which will authorise the compulsory acquisition of the parcel,

(b)naming a place where a copy of the draft order may be inspected at all reasonable hours,

(c)naming a place where a copy of any relevant map accompanying the application, drawn to the same scale and delineating the boundaries of the parcel, may be inspected at all reasonable hours, and

(d)stating that if the person on whom the notice is served wishes to object to the application so far as regards the compulsory acquisition of the parcel he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.

Textual Amendments

12(1)If the order will result in the extinguishment or diversion of a public right of way over a footpath [F257or bridleway] [F257, bridleway or restricted byway], the applicant shall—E+W+S

(a)serve a notice on every local authority for the area in which the footpath or bridleway is situated, and

(b)cause a copy of the notice to be displayed in a prominent position at each end of the part of the footpath or bridleway which would by virtue of the order cease to be subject to the public right of way.

(2)The notice mentioned in sub-paragraph (1) must—

(a)state that an application has been made to the Secretary of State for the making of an order which will result in the extinguishment or diversion of the public right of way over the footpath or bridleway,

(b)name a place where a copy of the draft order may be inspected at all reasonable hours,

(c)name a place where a copy of any relevant map accompanying the application, drawn to the same scale, may be inspected at all reasonable hours, and

(d)state that any person who desires to object to the application, so far as regards the extinguishment or diversion of the public right of way, should do so in writing to the Secretary of State, specifying the grounds of the objection, before the expiry of the period of 42 days starting with—

(i)in the case of a local authority served with a notice under paragraph 12(1)(a), the date on which the notice is served on them, or

(ii)in the case of any other person, the date specified in the notice displayed under paragraph 12(1)(b).

(3)In this paragraph “local authority" means—

(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,

(b)in Wales, a county council, a county borough council and a community council, and

(c)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Textual Amendments

F257Words in Sch. 3 para. 12 substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

Modifications etc. (not altering text)

C77Sch. 3 para. 12 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))

13(1)If the applicant is not the harbour authority, the applicant shall serve on that authority a copy of the draft order and of any map accompanying the application together with a notice stating—E+W+S

(a)that the application has been made to the Secretary of State, and

(b)that if the authority wish to object to the application is should do so in writing to the Secretary of State, specifying the grounds of its objection, before the expiry of the period of 42 days starting with the date on which the notice is served on it.

(2)The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map.

14E+W+SThe Secretary of State may require the applicant to serve on any specified person within any specified period of time the documents required to be served under paragraph 13.

ConsultationE+W+S

15E+W+SBefore the Secretary of State determines an application he shall—

(a)consult, and

(b)send any environmental statement supplied to him under paragraph 8(1) [F258and any further information by virtue of the supply of which paragraph 10A applies] [F259and any further information falling within paragraph 10A(2)] to,

such bodies likely to have an interest in the project by reason of their environmental responsibilities as he thinks appropriate.

Textual Amendments

F259Words in Sch. 3 para. 15(b) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(e), 30(3) (with s. 30(5))

16(1)This paragraph applies where—E+W+S

(a)an application for a harbour revision order relates to a project which is proposed to be carried out in Great Britain,

(b)the Secretary of State decides under paragraph 6(1)—

(i)that the application relates to a project which falls within Annex I or II to the Directive, and

(ii)in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project, and

(c)it comes to the attention of the Secretary of State that the project is likely to have significant effects on the environment in another EEA State, or another EEA State requests particulars of the project.

(2)The Secretary of State shall—

(a)publish in the Gazette the particulars mentioned in sub-paragraph (3) in a notice with an indication of where further information is available,

(b)serve on the other EEA State as soon as possible and no later than the date of publication of that notice, the particulars mentioned in sub-paragraph (3) and, if he thinks fit, the information mentioned in sub-paragraph (4), and

(c)give the other EEA State a reasonable time in which to indicate whether it wishes to be consulted in accordance with sub-paragraph (6).

(3)The particulars referred to in sub-paragraph (2)(a) and (b) are—

(a)a description of the project, together with any available information on its possible significant effects on the environment in the other EEA State; and

(b)information about the nature of the decision which may be taken under this Part.

(4)The information to be served on an EEA State which indicates, in accordance with sub-paragraph (2)(c), that it wishes to be consulted in accordance with sub-paragraph (6) is—

(a)a copy of the application,

(b)the environmental statement supplied to the Secretary of State under paragraph 8(1) [F260and any further information falling within paragraph 10A(2)], and

(c)information regarding the procedure under this Part,

but only to the extent that such information has not already been provided to the EEA State in accordance with [F261sub-paragraph (2)(b)].

(5)The Secretary of State shall also—

(a)arrange for the information referred to in sub-paragraphs (3) and (4) to be made available, within a reasonable time, to the authorities likely to have an interest in the project by reason of their environmental responsibilities, and the public concerned, in the territory of the EEA State concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity, before he decides whether to make the harbour revision order in relation to the project, to send to the Secretary of State their opinion on the information.

(6)The Secretary of State shall—

(a)consult the EEA State concerned about the project generally and, in particular, about the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b)endeavour to agree with the EEA State a reasonable period of time for the duration of the consultation period.

(7)Where an EEA State has been consulted in accordance with sub-paragraph (6), on the determination of the application the Secretary of State shall inform the EEA State of the decision and send it a statement giving—

(a)the content of the decision whether or not to make the order and any conditions attached to the decision;

(b)the main reasons and considerations on which the decision is based;

(ba)[F262details of what provision was made for public participation in the making of the decision;]

[F263details of what provision was made for public participation in the making of the decision;]

(c)a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects; and

(d)confirmation that any opinion sent to the Secretary of State in accordance with sub-paragraph (5)(b) has been taken into consideration in reaching the decision.

Textual Amendments

F260Words in Sch. 3 para. 16(4)(b) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(f)(i), 30(3) (with s. 30(5))

F261Words in Sch. 3 para. 16(4) substituted (2.10.2000) by S.I. 2000/2391, reg. 2(d)

F262Sch. 3 para. 16(7)(ba) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(f)(ii), 30(3) (with s. 30(5))

ObjectionsE+W+S

17E+W+S— The following paragraphs in this Part have effect where—

(a)all relevant notices concerning an application for the making of a harbour revision order have been published under paragraph 10(1)[F264, 10A] or 16(2)(a),

(b)all notices and other documents which are required to be served under paragraph 11, 12(1), 13(1), 14 or 16(2)(b) have been served, and

(c)every period for the making of objections [F265or representations][F266or representations] to the Secretary of State in respect of the application has expired.

Textual Amendments

F266Words in Sch. 3 para. 17(c) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(g), 30(3) (with s. 30(5))

18[F267(1)This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn.E+W+S

(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.]

[F268(1)This paragraph applies if an objection to the application was made to the Scottish Ministers and has not been withdrawn.

(1A)It does not apply, however, if—

(a)the Scottish Ministers decide that the application is not to proceed further;

(b)they consider 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 making their decision under paragraph 19, the Scottish Ministers may—

(a)cause an inquiry to be held; or

(b)give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them.

(1C)Where—

(a)the objection referred to in sub-paragraph (1) is made by a person within sub-paragraph (1D); and

(b)the person informs the Scottish Ministers in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b),

the Scottish Ministers shall, before making their decision under paragraph 19, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (1B)(b).

(1D)The persons within this sub-paragraph are—

(a)any council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated; and

[F269(aa)the harbour authority;]

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

(2)Where an objector is heard in accordance with [F270sub-paragraph (1B)(b)][F271sub-paragraph (1B)(b)], the [F272Secretary of State][F272appropriate authority] shall allow the applicant and such other persons as [F273he][F273the authority] thinks appropriate to be heard on the same occasion.

(3)The [F274Secretary of State][F274appropriate authority] may disregard an objection—

F275F276(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of an objection about compulsory acquisition, if [F277he][F277the appropriate authority] is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.

[F278(4)In this paragraph—

  • “the appropriate authority” means—

    (a)

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

    (b)

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

  • “local authority” means—

    (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

    (b)

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

  • “the relevant conservation body” means—

    (a)

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

    (b)

    if the harbour (or any part of it) is situated in Wales, [F279the Natural Resources Body for Wales].]

Textual Amendments

F267Sch. 3 para. 18(1)-(1E) substituted for Sch. 3 para. 18(1) (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(2) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F268Sch. 3 para. 18(1)-(1D) substituted (S.) for Sch. 3 para. 18(1) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(2), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F269Sch. 3 para. 18(1D)(aa) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(h), 30(4); S.S.I. 2007/516, art. 2

F270Words in Sch. 3 para. 18(2) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(3)(a) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F271Words in Sch. 3 para. 18(2) substituted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(3), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F272Words in Sch. 3 para. 18(2) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(3)(b) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F273Words in Sch. 3 para. 18(2) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(3)(c) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F274Words in Sch. 3 para. 18(3) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(4)(a) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F275Sch. 3 para. 18(3)(a) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(4), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F276Sch. 3 para. 18(3)(a) repealed (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(4)(b), Sch. 22 Pt. 6 (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. paras. 2627(c)

F277Words in Sch. 3 para. 18(3)(b) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(4)(c) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F278Sch. 3 para. 18(4) inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(5) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

The decisionE+W+S

19(1)The Secretary of State shall consider—E+W+S

(a)any environmental statement supplied under paragraph 8(1) [F280and any further information by virtue of the supply of which paragraph 10A applies][F281and any further information falling within paragraph 10A(2)];

(b)the result of any consultations under paragraph 15;

(c)any opinion sent under paragraph 16(5)(b) and the result of any consultations with other EEA States under paragraph 16(6)(a);

(d)any objections made and not withdrawn; F282F283...

(da)[F284any representations made under paragraph 10(2)(f) or 10A(4)(d);]

[F285any representations made as specified in a notice published under paragraph 10 or 10A; and]

(e)the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 18[F286; and

(f)any written representations submitted to the Scottish Ministers by the applicant or any objector in elaboration of the application or, as the case may be, objection.]

(2)Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—

(a)not to make the order applied for,

(b)to make it in the form of the draft submitted to him, or

(c)to make it with modifications.

Textual Amendments

F281Words in Sch. 3 para. 19(1)(a) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(i), 30(3) (with s. 30(5))

F282Word in Sch. 3 para. 19(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F284Sch. 3 para. 19(1)(da) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(i)(ii), 30(3) (with s. 30(5))

F286Sch. 3 para. 19(1) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

20(1)This paragraph applies where the Secretary of State decides under paragraph 6(1)—E+W+S

(a)that the application relates to a project which falls within Annex I or II to the Directive, and

(b)in the case of an application relating to a project which falls within Annex II to the Directive, that the project is a relevant project.

(2)The Secretary of State shall publish [F287by Gazette and local advertisement][F288by Gazette and local advertisement] the following information—

(a)the content of the decision whether or not to make the order and any conditions attached to the decision,

(b)the main reasons and considerations on which his decision is based,

[F289(ba)details of what provision was made for public participation in the making of the decision,

(bb)a statement regarding the right to challenge the validity of the decision and the procedures for doing so,]

[F290(ba)details of what provision was made for public participation in the making of the decision,

(bb)a statement regarding the right to challenge the validity of the decision and the procedures for doing so,]

(c)a description, where necessary, of the main measures to prevent, reduce or offset the major adverse effects, and

(d)a statement that the matters referred to in paragraph 19(1) have been taken into consideration.

Textual Amendments

F288Words in Sch. 3 para. 20(2) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(i), 30(3) (with s. 30(5))

F289Sch. 3 para. 20(2)(ba)(bb) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(j)(ii), 30(3) (with s. 30(5))

The orderE+W+S

21(1)Where the Secretary of State proposes to make the order applied for with modifications which appear to him substantially to affect the character of the order he—E+W+S

(a)shall take such steps as appear to him to be sufficient and reasonably practicable for informing the applicant and other persons likely to be concerned, and

(b)shall not make the order [F291or, if the order is subject to the affirmative procedure by virtue of section 54A(4) of this Act, lay before the Scottish Parliament a draft statutory instrument containing it,] until such period for consideration of, and comment upon, the proposed modifications by the applicant and those other persons as he thinks reasonable has expired.

(2)The Secretary of State shall not make the order with a modification authorising the compulsory acquisition of land that was not described in the draft submitted to him as land subject to be acquired compulsorily, unless all persons interested consent.

Textual Amendments

22(1)This paragraph applies where the Secretary of State makes an order which authorises the compulsory purchase of land and is—E+W+S

(a)a harbour revision order relating to a harbour in England or Wales, or

(b)a harbour empowerment order relating to a harbour or to works to be carried out in England or Wales.

(2)The order shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 18 or 19 of the Acquisition of Land Act 1981 or paragraph 5 or 6 of Schedule 3 to that Act (National Trust land, commons etc), if it were an order under section 2(1) of that Act.

F29223E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

24(1)As soon as possible after a harbour revision order has been made[F293, or where (by virtue of section 54A(4) of this Act) the order is subject to the affirmative procedure a draft statutory instrument containing it has been laid before the Scottish Parliament], the applicant shall—E+W+S

(a)publish a notice by Gazette and local advertisement,

(b)serve on the harbour authority (unless the applicant is the harbour authority) a copy of the order and a copy of any map annexed to it,

(c)serve a copy of the order and of any map annexed to it on each local authority on whom, in compliance with a requirement imposed by virtue of paragraph 12, a notice was served, and

(d)serve a copy of the order and of any map annexed to it on each person on whom, in compliance with a requirement imposed by virtue of paragraph 14, a copy of the draft order was served.

(2)The notice mentioned in sub-paragraph (1)(a) must—

(a)state that the order has been made[F294, or as the case may be that a draft statutory instrument containing it has been laid before the Scottish Parliament],

(b)name a place where a copy of the order and any map annexed to it may be inspected at all reasonable hours, [F295and

(c)state, in the case of an order which is not subject to special parliamentary procedure, the date on which it comes into operation.]

[F295(c)if subsection (4) of section 54A of this Act does not apply to the statutory instrument containing the order, give information regarding—

(i)the date on which the order comes into operation, and

(ii)the right to challenge the validity of the order and the procedure for doing so, and

[F296(d)if that subsection does apply to the order, state that the order cannot be made unless the Scottish Parliament, by resolution, approves the draft statutory instrument containing it.]]

[F297(3)[F298Where a harbour revision order is subject to the affirmative procedure by virtue of section 54A(4) of this Act, as soon as possible after the order has been made or the Scottish Parliament has decided not to approve the draft statutory instrument containing it], the applicant for that order shall publish by Gazette and local advertisement a notice—

[F299(a)stating that the order has been made, or as the case may be that the Scottish Parliament has decided not to approve the draft statutory instrument containing it, and]

(b)where [F300the order has been made], providing information regarding—

(i)the place where a copy of the order and any map annexed to it may be inspected at all reasonable hours,

(ii)the date on which the order comes into operation, and

(iii)the right to challenge the validity of the order and the procedure for doing so.]

Textual Amendments

F295Sch. 3 para. 24(2)(c)(d) substituted (S.) for Sch. 3 para. 24(2)(c) and preceding word (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(k), 30(4); S.S.I. 2007/516, art. 2

Statutory undertakers’ landE+W+S

25(1)This paragraph applies where application is made to the Secretary of State for a harbour revision order which will authorise the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking.E+W+S

(2)If on a representation made to it the appropriate authority is satisfied—

(a)that any of the said land is used for the purposes of the carrying on of the statutory undertakers’ undertaking, or

(b)that an interest in any of the said land is held for those purposes,

the order shall not be so made as to authorise the acquisition of any such land unless sub-paragraph (3) applies.

(3)This sub-paragraph applies where that authority certifies that the nature and situation of the land are such—

(a)that, without serious detriment to the carrying on of the undertaking, it can be acquired and not replaced, or

(b)that, if acquired, it can, without such detriment as aforesaid, be replaced by other land belonging to, or available for acquisition by, the undertakers.

(4)The representation mentioned in sub-paragraph (2) must be made before the expiry of the period of 42 days starting with the date on which the notice that the application has been made for the order first appears in a local newspaper.

(5)In this paragraph “statutory undertakers" means any person authorised by an Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to carry on any of the following undertakings—

(a)a railway, light railway, tramway or road transport undertaking;

(b)an undertaking the activities of which consist in—

(i)the maintenance of a canal;

(ii)the conservation or improvement of a river or other inland navigation;

(iii)the improvement, maintenance or management of a harbour (whether natural or artificial), port, haven or estuary, a dock (whether used by sea-going ships or not) or a wharf, quay, pier, jetty or other place at which ships (whether sea-going or not) can ship or unship goods or embark or disembark passengers; or

(iv)the provision and maintenance of a lighthouse; or

(c)an undertaking for the supply of hydraulic power.

(6)In this paragraph, “the appropriate authority" means—

(a)in relation to a statutory undertaker authorised to carry on an undertaking whose activities consist in the improvement, maintenance or management of—

(i)a fishery harbour in England, the Minister of Agriculture, Fisheries and Food; or

(ii)a fishery harbour in Wales, the National Assembly for Wales;

(b)in relation to a statutory undertaker authorised to carry on an undertaking in Scotland, and in relation to whom the relevant Ministerial function has been transferred to the Scottish Ministers under the Scotland Act 1998, the Scottish Ministers; and

(c)in relation to any other statutory undertaker, the Secretary of State.

PART IIE+W+S ORDERS MADE BY THE SECRETARY OF STATE OF HIS OWN MOTION

NoticesE+W+S

26(1)Where the Secretary of State proposes to make a harbour revision order of his own motion, he shall first—E+W+S

(a)publish a notice by Gazette and local advertisement and in such other ways as he thinks appropriate, and

(b)serve on the harbour authority, and on any other person who he thinks ought to have notice of the proposal, a copy of the draft order and a notice.

(2)The notice mentioned in sub-paragraph (1)(a) must—

(a)state that the Secretary of State proposes to make the order,

(b)contain a concise summary of the draft order,

(c)name a place where a copy of the draft order may be inspected at all reasonable hours, and

(d)state that any person who desires to object to the proposal should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date specified in the notice.

(3)The date specified in accordance with sub-paragraph (2)(d) must be the date on which the notice first appears in a local newspaper.

(4)The notice mentioned in sub-paragraph (1)(b) must—

(a)state that the Secretary of State proposes to make the order, and

(b)state that if the harbour authority or other person served desires to object to the proposal he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.

ObjectionsE+W+S

27(1)The following paragraphs in this Part have effect where—E+W+S

(a)all notices concerning a proposal of the Secretary of State to make a harbour revision order have been published under paragraph 26(1)(a),

(b)all notices and other documents which are required to be served under paragraph 26(1)(b) have been served, and

(c)every period for the making of objections to the Secretary of State in respect of the proposal has expired.

28[F301(1)This paragraph applies if an objection to the proposal was made to the proposing authority and has not been withdrawn.E+W+S

(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—

    (a)

    the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order;

    (b)

    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.]

[F302(1)This paragraph applies if an objection to the proposal was made to the Scottish Ministers and has not been withdrawn.

(2)It does not, however, apply if—

(a)the Scottish Ministers decide that the proposal is not to proceed further;

(b)they consider 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 making their decision under paragraph 29, the Scottish Ministers may—

(a)cause an inquiry to be held; or

(b)give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them.

(4)Where—

(a)the objection referred to in sub-paragraph (1) is made by a council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated [F303or by the harbour authority]; and

(b)the council [F304or the authority] informs the Scottish Ministers in writing that it wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),

the Scottish Ministers shall, before making their decision under paragraph 29, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (3)(b).

(5)Where an objector is heard in accordance with sub-paragraph (3)(b), the Scottish Ministers shall allow such other persons as they think appropriate to be heard on the same occasion.]

Textual Amendments

F301Sch. 3 para. 28 substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 6(1) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F302Sch. 3 para. 28 substituted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(1), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F303Words in Sch. 3 para. 28(4)(a) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(i), 30(4); S.S.I. 2007/516, art. 2

F304Words in Sch. 3 para. 28(4)(b) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(ii), 30(4); S.S.I. 2007/516, art. 2

The decisionE+W+S

29(1)The Secretary of State shall consider—E+W+S

(a)any objections made and not withdrawn, [F305and]

(b)the report of any person who held an inquiry [F306and of any person appointed for the purpose of hearing an objector][F307and of any person appointed for the purpose of hearing an objector] under paragraph 28[F308; and

(c)any written representations submitted to the Scottish Ministers by an objector in elaboration of the objection.]

(2)Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—

(a)not to make the order proposed,

(b)to make the order in the form of the draft, or

(c)to make it with modifications.

Textual Amendments

F305Word in Sch. 3 para. 29(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F306Words in Sch. 3 para. 29(1)(b) inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 6(2) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

F307Words in Sch. 3 para. 29(1)(b) inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(a), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F308Sch. 3 para. 29(1)(c) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(b), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

The orderE+W+S

30E+W+SWhere the Secretary of State proposes to make the order with modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he—

(a)shall take such steps as appear to him to be sufficient and reasonably practicable for informing persons likely to be concerned, and

(b)shall not make the order [F309or, if the order is subject to the affirmative procedure, lay before the Scottish Parliament a draft statutory instrument containing it,] until a reasonable period for consideration of, and comment upon, the proposed modifications by those persons has expired.

Textual Amendments

31(1)As soon as possible after a harbour revision order has been made by the Secretary of State of his own motion he shall—E+W+S

(a)publish a notice by Gazette and local advertisement, and

(b)serve a copy of the order on each person on whom notice was served under paragraph 26(1)(b).

(2)The notice mentioned in sub-paragraph (1)(a) must[F310—

(a)state that the order has been made, and

(b)name a place where a copy of the order may be inspected at all reasonable hours]

[F310contain the information specified in paragraph 24(2)].

[F311(2A)Sub-paragraphs (2B) and (3) apply in relation to a harbour revision order where—

(a)the Scottish Ministers have proposed to make the order of their own motion, and

(b)the order is subject to the affirmative procedure by virtue of section 54A(4) of this Act.

(2B)The reference in sub-paragraph (1) to the order having been made by the Secretary of State of his own motion is to be read as a reference to a draft statutory instrument containing the order having been laid before the Scottish Parliament.]

[F312(3)As soon as possible after the [F313order is made or the Scottish Parliament has decided not to approve a draft statutory instrument containing the order, the Scottish] Ministers shall publish by Gazette and local advertisement a notice containing the information specified in head (a) of sub-paragraph (3) of paragraph 24 and, if appropriate, that specified in head (b) of that sub-paragraph.]

Textual Amendments

F310Words in Sch. 3 para. 31(2) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(n), 30(4); S.S.I. 2007/516, art. 2

PART IIIE+W+S HARBOUR EMPOWERMENT ORDERS: MODIFICATIONS OF PART I

32(1)The modifications subject to which Part I of this Schedule is, by virtue of section 17(1)(g) of this Act, to have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State are those set out in this paragraph.E+W+S

(2)For references to a harbour revision order there shall be substituted references to a harbour empowerment order.

(3)For paragraphs 13 and 14 there shall be substituted—

“13—

(1)The Secretary of State may require the applicant to serve on any specified person within any specified period of time a copy of the draft order and of any map accompanying the application together with a notice stating—

(a)that the application has been made to the Secretary of State, and

(b)that, if the person wishes to object to the application he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.

(2)The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map. "”

[F314(3A)Paragraph 18(1D)(aa) shall be omitted.]

(4)Paragraph 24(1)(b) shall be omitted, and for the reference, in paragraph 24(1)(d), to paragraph 14, there shall be substituted a reference to paragraph 13(1).]

Textual Amendments

Sections 18 and 47.

SCHEDULE 4E+W+S[F315Procedure for Confirming and Making Harbour Reorganisation Schemes]

Textual Amendments

Modifications etc. (not altering text)

Part IE+W+S Procedure for Submission and Confirmation of Harbour Reorganisation Schemes

1E+W+SThe submission to the Minister of a harbour reorganisation scheme shall be effected by depositing with him [F316not less than six copies][F316a copy] of the scheme together with [F316not less than six copies][F316a copy] of any map or maps which, if the scheme is confirmed in the form submitted, will be required to be annexed to it.

Textual Amendments

F316Words in Sch. 4 para. 1 substituted (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 2(3), 3

2E+W+SWhere a harbour reorganisation scheme is submitted to the Minister he shall take it into consideration and, if he decides that it should proceed,—

(a)he shall publish by Gazette and local advertisement and by such (if any) other means as he thinks fit a notice stating that the scheme has been submitted to him, containing a concise summary of it and, if it provides for transferring interests in land, a general description of the land interests in which are to be transferred, naming a place where a copy of the scheme and (if copies of a map or maps were deposited with it) a copy of that map or, as the case may be, copies of those maps may be seen at all reasonable hours and stating that any person who desires to make to him objection to the scheme should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement; and

(b)if provision is included in the scheme for transferring interests in land, he shall, in the case of each parcel of land interests in which are to be transferred, serve on the owner of each interest to be transferred a notice stating that the scheme has been submitted to the Minister and includes provision transferring the interest in that parcel (describing it) of the person served, naming a place where a copy of the scheme and a copy (on the like scale) of the map deposited therewith on which the boundaries of that parcel are delineated may be seen at all reasonable hours, and stating that, if the person served desires to make to the Minister objection to the scheme so far as regards the inclusion therein of provision transferring his interest in that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him; and

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F317

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F318, he shall on each (if any there be) of the harbour authorities who between them are engaged in improving, maintaining or managing the several harbours comprised in the group and are not parties to the submission of the scheme, and, if [F319a local lighthouse auithority who are not a harbour authority] are affected by the scheme, on them, contemporaneously serve [F319a copy of the scheme, together (if copies of a map or maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them].

Textual Amendments

Modifications etc. (not altering text)

3(1)Where effect has been given to paragraph 2 above in the case of a harbour reorganisation scheme submitted to the Minister and the time for the due making to the Minister of objection to the scheme has elapsed, the following provisions of this paragraph shall have effect.E+W+S

F320(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If F321... objections thereto that were duly made to the Minister have not been withdrawn, he shall, unless he decides that the scheme shall not proceed further [F322and subject to sub-paragraph (5A) below], cause [F323an inquiry to be held with respect to] each objection so made and not withdrawn [F324to be considered—

(a)at an inquiry;

(b)at a hearing before a person appointed by the Scottish Ministers; or

(c)by way of written representations,]

unless, in his opinion, it is frivolous or too trivial to warrant [F325the holding of an inquiry with respect thereto] [F325being considered in any of these ways] F321... .

[F326(5A)The Scottish Ministers are not to cause to be considered by way of written representations under sub-paragraph (5)(c) above an objection made by a harbour authority on whom a copy of the scheme was served under paragraph 2(d) above.]

(6)[F327After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State] if he then decides to confirm the scheme, may by order confirm it without modifications or (subject to the restrictions imposed by sub-paragraph (7) below) with such modifications as he thinks fit.

(7)Where the Minister proposes to confirm the scheme with modifications which appear to him substantially to affect the character of the scheme as submitted to him, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing them that submitted the scheme to him, and other persons likely to be concerned, and shall not confirm the scheme until such period for consideration of, and comment upon, the proposed modifications by them that submitted the scheme and those other persons as he thinks reasonable has elapsed; nor shall he confirm the scheme subject to a modification that results in its including provision transferring an interest of a person in property that was not described in the scheme as submitted to him as being property in which interests of that person were subject to be transferred unless that person consents to its being so confirmed.

(8)The Minister may disregard for the purposes of this paragraph an objection to the scheme unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the scheme of a provision transferring interests of a person in any property if he is satisfied that the objection relates exclusively to matters in respect of which compensation falls to be provided under the scheme and that the scheme is so framed as to enable those matters to be properly dealt with.

Textual Amendments

F320Sch. 4 para. 3(2)–(4) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F322Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(i), 30(4); S.S.I. 2007/516, art. 2

F323Words in Sch. 4 para. 3(5) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(ii), 30(4); S.S.I. 2007/516, art. 2

F324Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iii), 30(4); S.S.I. 2007/516, art. 2

F325Words in Sch. 4 para. 3(5) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iv), 30(4); S.S.I. 2007/516, art. 2

Modifications etc. (not altering text)

4E+W+SSo soon as may be after a harbour reorganisation scheme has been confirmed by the Minister, he shall publish by Gazette and local advertisement a notice stating that it has been confirmed and naming a place where a copy of it in the form in which it was confirmed (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) may be inspected at all reasonable hours, and shall serve a copy of the scheme in the form aforesaid (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) on each authority on whom a copy of the scheme as submitted to the Minister was served in compliance with a requirement imposed by paragraph 2 . . . F328(d) above . . . F328.

Textual Amendments

[F329Part IIE+W+S Modifications subject to which Part I has effect with Respect to Procedure for Making of Harbour Reorganisation Schemes by the Secretary of State of His Own Motion.

Textual Amendments

5E+W+SReferences to confirming a scheme shall be construed as references to making a scheme.

6E+W+SParagraph 1 shall be ommitted.

7E+W+SIn paragraph 2—

(a)for the opening words down to “proceed” there shall be substituted “Where the Secretary of State proposes to make, of his own motion, a harbour reorganisation scheme”;

(b)for the words “has been submitted to” wherever occurring there shall be substituted the words “is proposed to be made by” and in sub-paragraph (d) the words “and are not parties to the submission of the scheme” shall be ommitted;

(c)for any reference in sub-paragraph (a), (b) or (d) to a map deposited with the scheme there shall be substituted a reference to a map to be annexed to the scheme.

8E+W+SIn paragraph 3—

(a)in sub-paragraph (1) for the words “submitted to” there shall be substituted the words “proposed to be made by”;

(b)in sub-paragraph (7) for the words “as submitted to him” there shall be substituted the words “as served under paragraph 2(d) above on the authorities there mentioned”, and there shall be omitted the words “that submitted the scheme to him” and the words “that submitted the scheme”.

9E+W+SIn paragraph 4 for the words “submitted to” there shall be substituted the words “proposed to be made by.”]

SCHEDULE 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F330E+W+S

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Textual Amendments

SCHEDULE 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F331E+W+S

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Textual Amendments