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

C2Sch. 3: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

C3Sch. 3: power to amend or repeal conferred for specified purposes (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pts. 1, 2 (with s. 247)

PART IE+W+S ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

The decisionE+W+S

[F220(1)This paragraph applies where the Secretary of State makes a decision under paragraph 19(6) in relation to an EIA application.E+W+S

(2)The Secretary of State—

(a)as soon as reasonably practicable after making the decision, must make the information specified in sub-paragraph (3) available on an official website, and

(b)must keep the information available on the website throughout the period of three months beginning with the day on which it is first made available on the website in accordance with this paragraph.

(3)The specified information is—

(a)the content of the decision whether or not to make the order and any conditions attached to it,

(b)the main reasons and considerations on which the decision is based,

(c)a summary of the results of any consultations under paragraph 15 or 16(6)(a),

(d)a copy of any opinion given under paragraph 16(5)(b),

(e)the details of the provision made for public participation in the making of the decision,

(f)a summary of any objections—

(i)made about the likely significant adverse effects of the project on the environment , and

(ii)not withdrawn,

(g)a summary of any representations made under paragraph 10 or 10A about the likely significant adverse effects of the project on the environment,

(h)a copy of the reasoned conclusion,

(i)a description of any features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset, any likely significant adverse effects of the project on the environment,

(j)a summary of how the information mentioned above (and, in particular, any opinion given under paragraph 16(5)(b) or the results of any consultations under paragraph 16(6)(a)) have been taken into account in making the decision, and

(k)a statement regarding the right to challenge the validity of the decision and the procedure for doing so.

(4)A failure to make the specified information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if—

(a)the information was available on the official website for part of that period, and

(b)the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(5)The Secretary of State, as soon as reasonably practicable after making the decision, must also publish by Gazette and local advertisement the following information—

(a)the content of the decision whether or not to make the order and any conditions attached to it,

(b)the main reasons and considerations on which the decision is based,

(c)a statement regarding the right to challenge the validity of the decision and the procedure for doing so,

(d)a statement that the matters referred to in paragraph 19(1) have been taken into consideration, and

(e)details of the official website on which the information referred to in sub-paragraph (2) is made available.

(6)The Secretary of State must also give notice of the information referred to in sub-paragraph (5) to such bodies likely to have an interest in the project by reason of their environmental responsibilities, or their local or regional competencies, as the Secretary of State considers appropriate.]]

Textual Amendments