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Version Superseded: 02/02/2017
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Harbours Act 1964, Paragraph 24 is up to date with all changes known to be in force on or before 03 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F124(1)As soon as possible after a harbour revision order has been made[F2, or where (by virtue of section 54A(4) of this Act) the order is subject to the affirmative procedure a draft statutory instrument containing it has been laid before the Scottish Parliament], the applicant shall—E+W+S
(a)publish a notice by Gazette and local advertisement,
(b)serve on the harbour authority (unless the applicant is the harbour authority) a copy of the order and a copy of any map annexed to it,
(c)serve a copy of the order and of any map annexed to it on each local authority on whom, in compliance with a requirement imposed by virtue of paragraph 12, a notice was served, and
(d)serve a copy of the order and of any map annexed to it on each person on whom, in compliance with a requirement imposed by virtue of paragraph 14, a copy of the draft order was served.
(2)The notice mentioned in sub-paragraph (1)(a) must—
(a)state that the order has been made[F3, or as the case may be that a draft statutory instrument containing it has been laid before the Scottish Parliament],
(b)name a place where a copy of the order and any map annexed to it may be inspected at all reasonable hours, [F4and
(c)state, in the case of an order which is not subject to special parliamentary procedure, the date on which it comes into operation.]
[F4(c)if subsection (4) of section 54A of this Act does not apply to the statutory instrument containing the order, give information regarding—
(i)the date on which the order comes into operation, and
(ii)the right to challenge the validity of the order and the procedure for doing so, and
[F5(d)if that subsection does apply to the order, state that the order cannot be made unless the Scottish Parliament, by resolution, approves the draft statutory instrument containing it.]]
[F6(3)[F7Where a harbour revision order is subject to the affirmative procedure by virtue of section 54A(4) of this Act, as soon as possible after the order has been made or the Scottish Parliament has decided not to approve the draft statutory instrument containing it], the applicant for that order shall publish by Gazette and local advertisement a notice—
[F8(a)stating that the order has been made, or as the case may be that the Scottish Parliament has decided not to approve the draft statutory instrument containing it, and]
(b)where [F9the order has been made], providing information regarding—
(i)the place where a copy of the order and any map annexed to it may be inspected at all reasonable hours,
(ii)the date on which the order comes into operation, and
(iii)the right to challenge the validity of the order and the procedure for doing so.]]
Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
F2Words in Sch. 3 para. 24(1) inserted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 7(b) (with arts. 8, 9)
F3Words in Sch. 3 para. 24(2)(a) inserted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 7(c)(i) (with arts. 8, 9)
F4Sch. 3 para. 24(2)(c)(d) substituted (S.) for Sch. 3 para. 24(2)(c) and preceding word (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(k), 30(4); S.S.I. 2007/516, art. 2
F5Sch. 3 para. 24(2)(d) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 7(c)(ii) (with arts. 8, 9)
F6Sch. 3 para. 24(3) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(l), 30(4); S.S.I. 2007/516, art. 2
F7Words in Sch. 3 para. 24(3) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 7(d)(i) (with arts. 8, 9)
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