SCHEDULES

[F1SCHEDULE 3E+W+S PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 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

The decisionE+W+S

19(1)The Secretary of State shall consider—E+W+S

(a)any environmental statement supplied under paragraph 8(1) [F2and 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(d)any objections made and not withdrawn; [F3and]

[F4(da)any representations made under paragraph 10(2)(f) or 10A(4)(d);]

(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[F5; 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

F2Words 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))

F3Word in Sch. 3 para. 19(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(5), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F4Sch. 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))

F5Sch. 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