Conwy Tunnel (Supplementary Powers) Act 1983

8 Provisions supplementary to section 7. U.K.

(1) Part III of Schedule 3 to this Act has effect for the purpose of supplementing the provisions of Parts I and II of that Schedule.

(2) References in any provision of that Schedule to the works and to the area affected by the works shall be read as referring respectively—

(a) in a case where that provision applies by virtue of a direction given under section 7 of this Act, to the tunnel works and to the area specified in the direction in accordance with subsection (2) of that section; and

(b) in a case where that provision applies by virtue of subsection (7) of that section, to any tunnel maintenance works and to the tunnel maintenance area.

(3) Without prejudice to any provision made by a direction under that section, where under or by virtue of that section any prohibition or restriction under Part II of that Schedule applies in any area—

(a) any power, right or duty (whether of the harbour authority or any other person) applicable under or by virtue of any other enactment or by virtue of any rule of law shall be subject to that prohibition or restriction; and

(b) that prohibition or restriction is additional to any prohibition or restriction under any other enactment.

(4) The Secretary of State shall—

(a) publish notice of any direction under section 7 of this Act in a local newspaper circulating in the Conwy area; and

(b) give notice of any such direction to the [F1 the Aberconwy and Colwyn County Borough Council] and to the Corporation of Trinity House of Deptford Strond;

describing the area to which the direction relates and giving such indication of the effect of the direction as appears to him to be appropriate.

(5) The notice required by subsection (4) above in the case of any direction shall be published or given at least seven days before the direction is given, unless the Secretary of State considers it necessary by reason of any emergency to give the direction without complying with the preceding requirement; and in any such case—

(a) the notice required by that subsection shall be published or given as soon as possible after the time by which in accordance with the preceding requirement it should have been published or given; and

(b) where it is not possible to publish or give that notice before the direction is given the Secretary of State shall publish or give such advance notice (if any) of the direction as may be possible in the circumstances.

(6) In relation to any advance notice of a direction under section 7 of this Act required by subsection (5) above, references in subsections (4) and (5) above to any such direction shall be read as references to a proposed direction.

(7) In this Act “the construction period” means the period beginning with the date on which the tunnel works are begun and ending with the date on which the tunnel is first open to public traffic.

Textual Amendments

F1 Words in s. 8(4)(b) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.30 (with ss. 54(5)(7), 55(5), Sch. 7 paras. 22(1), 23(2)); S.I. 1996/396, art.3, Sch. 1