SCHEDULES

C1C2C3F1SCHEDULE 3 PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Sch. 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

C2

Sch. 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.)

C3

Sch. 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 II ORDERS MADE BY THE SECRETARY OF STATE OF HIS OWN MOTION

Objections

28

F41

This paragraph applies if an objection to the proposal was made to the proposing authority and has not been withdrawn.

2

This paragraph does not apply if—

a

the proposing authority decides that the proposal is not to proceed further,

b

the proposing authority considers that the objection is frivolous or trivial,

c

the objection does not specify the grounds on which it is made, or

d

the objection was not made within the period allowed for making it.

3

Before deciding the application under paragraph 29, the proposing authority may—

a

cause an inquiry to be held, or

b

give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the proposing authority.

4

If the objection was made by the Welsh Ministers to the Secretary of State, the Secretary of State must cause an inquiry to be held under sub-paragraph (3)(a).

5

Where—

a

the objection was made by a person within sub-paragraph (6), and

b

that person makes a request in writing to the proposing authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),

the proposing authority must either cause an inquiry to be held under sub-paragraph (3)(a) or cause the objection to be dealt with in accordance with sub-paragraph (3)(b), as the proposing authority may determine.

6

The persons within this sub-paragraph are—

a

any local authority for an area in which the harbour (or any part of it) is situated, and

b

the relevant conservation body.

7

Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion.

8

In this paragraph—

  • “local authority” has the same meaning as in paragraph 18;

  • “the proposing authority” means—

    1. a

      the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order;

    2. b

      the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;

  • “the relevant conservation body” has the same meaning as in paragraph 18.

F31

This paragraph applies if an objection to the proposal was made to the Scottish Ministers and has not been withdrawn.

2

It does not, however, apply if—

a

the Scottish Ministers decide that the proposal is not to proceed further;

b

they consider the objection is frivolous or trivial;

c

the objection does not specify the grounds on which it is made; or

d

the objection was not made within the period allowed for making it.

3

Before making their decision under paragraph 29, the Scottish Ministers may—

a

cause an inquiry to be held; or

b

give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them.

4

Where—

a

the objection referred to in sub-paragraph (1) is made by a council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated F2or by the harbour authority; and

b

the council F5or the authority informs the Scottish Ministers in writing that it wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),

the Scottish Ministers shall, before making their decision under paragraph 29, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (3)(b).

5

Where an objector is heard in accordance with sub-paragraph (3)(b), the Scottish Ministers shall allow such other persons as they think appropriate to be heard on the same occasion.