[F14A(1)The provisions of this paragraph have effect where the Secretary of State makes—
(a)a harbour revision order relating to a harbour in England or Wales; or
(b)a harbour empowerment order relating to a harbour or to works to be carried out in England or Wales,
and, in either case, the order is opposed.
(2)For the purposes of this paragraph an order is opposed if—
(a)an objection to the application for the order has been duly made and not withdrawn, not being an objection which the Secretary of State is entitled to disregard for the purposes of paragraph 4 above or which in his opinion is frivolous or trivial; or
(b)a comment in writing on proposed modifications to the order applied for has been duly made to the Secretary of State and not withdrawn, which in his opinion would if duly raised in connection with a provision of the original draft order have amounted to such an objection as is mentioned in paragraph (a) above;
and references in this paragraph to a person opposing the order shall be construed accordingly.
(3)The Secretary of State shall give notice of the making of the order and its effect to each person opposing the order and the order shall, subject to sub-paragraph (4) below, become operative on the expiration of 28 days from the date of the notice given (or last given) under this sub-paragraph or on such later date as the Secretary of State may appoint.
(4)If within 28 days after the date of a notice given to him under sub-paragraph (3) above a person gives notice to the Secretary of State that he maintains his opposition to the order, and his opposition is not withdrawn within that period, the order shall be subject to special parliamentary procedure.]
Textual Amendments
F1Paras. 4A, 4B inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(2)(8) except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981
Modifications etc. (not altering text)