Harbours Act 1964 (c. 40)

SCHEDULES

SCHEDULE 3 E+W+S Procedure for making Harbour Revision and Empowerment Orders

Modifications etc. (not altering text)

C1 Sch. 3 amended by Post Office Act 1969 (c. 48, SIF 96), s. 76, Sch. 4 para. 93(1)(xxii)(2)(K), S.I. 1970/1681, Sch. 3 para. 11(3) and 1974/691, art. 2; extended by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 2 para. 4

C2 Functions of Minister of Agriculture, Fisheries and Food under Sch. 3 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: (except para. 6) S.I. 1978/272. art. 2, Sch. 1; (para. 6) S.I. 1969/388, art. 3, Sch. 2 para. 5(x) and 1978/272, art. 2, Sch. 1

C3 Sch. 3 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xiv), Sch. 8 para. 33 and by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 1(1)(xiv), Sch. 17 para. 33

C4 Sch. 3 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(10)(b), Sch. 8 para. 33, and by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 3(2)(c), Sch. 17 para. 33

C5 Sch. 3 extended (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. 1(2) (xi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 3 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xii); S.I. 1996/218, art. 2

Sch. 3 modified (1.3.1996) by 1995 c. 45 s. 16(1), Sch. 4 para. 2(11)(b); S.I. 1996/218, art. 2

C6 Sch. 3 modified (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. 1(10)(ii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 3: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Part VII E+W+S Modifications subject to which Part I is to have Effect with respect to Procedure for the Making of Harbour Empowerment Orders by [F1 the Secretary of State]

Textual Amendments

F1 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

14 (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 [F2 the Secretary of State] are those set out in the following provisions of this paragraph.

(2) For references to a harbour revision order there shall be substituted references to a harbour empowerment order.

(3) For the reference, in paragraph 3, to the requirements of sub-paragraphs (b) to (d), there shall be substituted a reference to the requirements of sub-paragraphs [F3 (b) to (c)], and for sub-paragraphs (c) and (d) of that paragraph, there shall be substituted the following sub-paragraph:—

“(c) if [F2 the Secretary of State] so requires, there must, on any person specified by him, be served by the applicant a copy of the draft order together (if the application for the order was accompanied by a copy of a map or copies of maps) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that application has been made to [F2 the Secretary of State] for the making of the order and that, if the person served desires to make to [F2 the Secretary of State] objection to the application, 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”.

(4) Sub-paragraph (b) of paragraph 5 shall be omitted, and for the reference, in sub-paragraph (c) of that paragraph, to paragraph 3(d), there shall be substituted a reference to paragraph 3(c).

Textual Amendments

F2 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

F3 Words in Sch. 3 para. 14(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 10(8); S.I. 1992/1347, art. 2,Sch. (subject as mentioned in art. 3)