Harbours Act 1964

4 (1) Where the proper notices concerning an application for the making of a harbour revision order have been published under paragraph 3 above, and all persons required thereunder to be served in the case of the application with notices and other documents have been properly served therewith, and the time for the due making to [F1 the Secretary of State] of objection to the application has elapsed, the following provisions of this paragraph shall have effect.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) If objections to the application were duly made to [F1 the Secretary of State] and have not been withdrawn, [F1 the Secretary of State], unless he decides that the application shall not proceed further,—

(a) in the case of an objection so far as regards the inclusion in the draft order of a provision authorising the compulsory acquisition of a parcel of land, shall either cause an inquiry to be held with respect to the objection or afford to the objector an opportunity of appearing before and being heard by a person appointed by [F1 the Secretary of State] for the purpose;

(b) in the case of any other objection, shall cause an inquiry to be held with respect thereto, unless he is of opinion that it is frivolous or too trivial to warrant the holding of an inquiry with respect to it,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) Where an objector to the application avails himself of an opportunity of being heard afforded to him in pursuance of sub-paragraph (3)(a) above, [F1 the Secretary of State] shall afford to the applicant, and to any other persons to whom it appears to [F1 the Secretary of State] expedient to afford it, an opportunity of being heard on the same occasion.

(5) [F4 After considering the objections (if any) made and not withdrawn [F5 any information supplied under paragraph 1A above], and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State] unless he decides not to make the order, may make the order applied for in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (6) of this paragraph and by paragraph 6 below) in that form but subject to such modifications as he thinks fit.

(6) Where [F1 the Secretary of State] proposes to make the order applied for with modifications which appear to him substantially to affect the character of the order as applied for, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing the applicant and other persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modifications by the applicant and those other persons as he thinks reasonable has elapsed; nor shall he, unless all persons interested consent, so make the order as to authorise the compulsory acquisition of any land that was not described in the draft submitted to him as being land subject to be acquired compulsorily.

(7) [F1 the Secretary of State] may disregard for the purposes of this paragraph an objection to the application unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the draft order of a provision authorising the compulsory acquisition of land if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.

Textual Amendments

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

F2 Sch. 3 Pt. I paras. 2, 4(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F3 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F4 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(4)

F5 Words inserted (E.W.) by S.I. 1988/1336, reg. 7

Words in Sch. 3 para. 4(5) inserted (S.) (15.7.1992) by S.I. 1992/1421, reg.2

Modifications etc. (not altering text)

C1 Sch. 3 para. 4 excluded by Pilotage Act 1987 (c. 21, SIF 111), s. 32(3), Sch. 1 para. 3(b)