Coast Protection Act 1949 (c. 74)

SCHEDULES

FIRST SCHEDULE U.K. Procedure for making Orders and Provisions as to the validity of Orders

Part I U.K.

General Provisions U.K.

1 E+W Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a) on the council of every county [F1 county borough,] . . . F2 or county district wholly or partly included in the area affected by the order;

(b) F3 [F4 ... on any sea defence commissioners, coast protection board, internal drainage board], harbour authority, fishery board, [F5 inshore fisheries and conservation authority, ] F6 ... conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

[F7 (ba) on the Environment Agency if any part of the area affected by the order is in England, and on the Natural Resources Body for Wales if any part of the area affected by the order is in Wales;]

(c) on any local . . . F2 authority known to him to be responsible for the maintenance of any highway in the area; and

(d) on the [F8 British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F8 the Board.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words in Sch. 1 para. 1(b) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 13(2) (with Sch. 7)

F4 Words in Sch. 1 para.1(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F5 Words in Sch. 1 para. 1(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 5; S.I. 2011/556, art. 2(2)(k)

F6 Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F7 Sch. 1 para. 1(ba) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 13(3) (with Sch. 7)

F8 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

1 S Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a) on the council of every county [F9 county borough,] . . . F10 or county district wholly or partly included in the area affected by the order;

(b) on any sea defence commissioners, coast protection board, [F11 river authority] or other drainage authority, harbour authority, fishery board, [F5 inshore fisheries and conservation authority, ][F6 local fisheries committee,] conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

[F7 (ba) on the Environment Agency if any part of the area affected by the order is in England, and on the Natural Resources Body for Wales if any part of the area affected by the order is in Wales;]

(c) on any local . . . F10 authority known to him to be responsible for the maintenance of any highway in the area; and

(d) on the [F12 British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F12 the Board.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F5 Words in Sch. 1 para. 1(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 5; S.I. 2011/556, art. 2(2)(k)

F6 Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F7 Sch. 1 para. 1(ba) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 13(3) (with Sch. 7)

F9 Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F10 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F11 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F12 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

2 U.K. —Before making an order the Minister shall consider any objections which may be duly made to the draft order and may in any case cause a local inquiry to be held with respect to any objections to the draft order.

3 (1) In the case of an order which by virtue of the provisions of this Act is required to be made jointly by the Ministers concerned, references in the foregoing paragraphs to the Minister shall be construed as references to the Ministers concerned. U.K.

(2) Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a body mentioned in paragraphs (b) to (d) of paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Ministers concerned instead of by the Minister.

4 U.K. In this Part of this Schedule the expression “the area affected by the order”—

(a) in the case of an order providing for the constitution of a coast protection board, means the area for which the board will be the coast protection authority;

(b) in the case of an order varying the constitution of a coast protection board, but not altering the area for which the board is the coast protection authority, means that area;

(c) in the case of an order altering the area of a coast protection board, means that area and any other area proposed by the order to be included in the area of the board; and

(d) in the case of an order repealing or amending any provision of a local Act, means any area in relation to which any power or duty conferred or imposed by that provision is exercisable;

and the expression “the Ministers concerned” has the meaning assigned to it by subsection (8) of section two of this Act and the power of determination conferred on the Treasury by that subsection shall apply accordingly.