Transport and Works Act 1992

10 (1) Schedule 3 (procedure for making harbour orders) shall be amended as follows. E+W+S

(2) After paragraph 1A there shall be inserted—

“1B Such fees as may be determined by the Secretary of State shall be payable on the making of an application for a harbour revision order.”

(3) In paragraph 3, after sub-paragraph (b) there shall be inserted—

“(ba) if provision is proposed to be included in the order extinguishing or diverting a public right of way over a footpath or bridleway, the applicant shall—

(i) serve on every local authority for the area in which the path or way is situated a notice stating the effect of the provision, naming a place where a copy of the draft of the proposed order (and of any relevant map accompanying the application for the order) may be seen at all reasonable hours and stating that, if the local authority desire to make to the Secretary of State objection to the inclusion of the provision in the order, 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;

(ii) cause a copy of the notice to be displayed in a prominent position at the ends of so much of any path or way as would by virtue of the order cease to be subject to a public right of way;

and for the purposes of this sub-paragraph, “local authority” means, in England and Wales, 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 or community council and a parish meeting of a parish not having a separate parish council and, in Scotland, a regional, islands or district council; ”.

(4) In paragraph 4A, in sub-paragraph (1) for the words “is opposed” there shall be substituted the words “ authorises the compulsory purchase of land ”, and for sub-paragraphs (2) to (4) there shall be substituted—

“(2) Where this paragraph has effect in relation to an order, it 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 by virtue of paragraph 5 or 6 of Schedule 3 to that Act) (National Trust land, commons etc), if the purchase were authorised by an order under section 2(1) of that Act.”

(5) For paragraph 4B there shall be substituted—

“4B – (1) The provisions of this paragraph apply to—

(a) a harbour revision order relating to a harbour in Scotland, or

(b) a harbour empowerment order relating to a harbour or to works to be carried out in Scotland,

where the order authorises the compulsory purchase of land.

(2) Where this paragraph applies to an order, the order shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 1(2)(b) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (land forming part of a common or open space or held inalienably by the National Trust for Scotland), if the purchase were authorised by an order under section 1(1) of that Act.”

(6) In paragraph 5(a), for the words from “to which” to “so affected” there shall be substituted the words “ which is not subject to special parliamentary procedure, ”.

(7) Paragraphs 8A and 8B shall be omitted.

(8) In paragraph 14(3), for the words “(b) and (c)” there shall be substituted the words “ (b) to (c) ”.

Commencement Information

I1 Sch. 3 wholly in force at 15. 7. 1992 see s. 70 and S.I. 1992/1347, art. 2, Sch.