Harbours Act 1964

Part II E+W+S Procedure for the Making of Harbour Revision Orders by [F1 the Secretary of State] of his own Motion . . . F2

Textual Amendments

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

F2 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

7 Where [F3 the Secretary of State] proposes to make, of his own motion, a harbour revision order, he shall, before doing so—

(a) publish by Gazette and local advertisement and by such (if any) other means as he thinks fit a notice stating that he proposes to make the order, containing a concise summary of the provisions to be embodied in it, naming a place where a copy of the draft of the proposed order may be seen at all reasonable hours and stating that any person who desires to make to him objection to the proposal should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;

(b) serve on the harbour authority and on such (if any) other persons as he thinks ought to have notice of the proposal a copy of the draft of the proposed order together with a notice stating that he proposes to make the order and that if the person served desires to make to [F3 the Secretary of State] objection to the proposal he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him.

Textual Amendments

F3 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

8 (1) Where effect has been given to paragraph 7 above in the case of a proposal of [F4 the Secretary of State] to make, of his own motion, a harbour revision order, and the time for the due making to [F4 the Secretary of State] of objection to the proposal has elapsed, the following provisions of this paragraph shall have effect.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) If objections to the proposal that were duly made to [F4 the Secretary of State] have not been withdrawn, he shall, unless he decides to proceed no further in the matter, cause an inquiry to be held with respect to each objection so made and not withdrawn unless in his opinion it is frivolous or too trivial to warrant the holding of an inquiry with respect thereto . . . F6 .

(4) [F7 After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State], unless he decides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 it in the form of the draft or (subject to the restriction imposed by sub-paragraph (5) below) in that form but subject to such modifications as he thinks fit.

(5) Where [F4 the Secretary of State] proposes to make the order subject to modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he shall take such steps as appear to him to be reasonably practicable for informing persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modifications by those persons as he thinks reasonable has elapsed.

(6) [F4 the Secretary of State] may disregard for the purposes of this paragraph an objection to the proposal unless it states the grounds on which it is made.

Textual Amendments

F4 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

F5 Sch. 3 Pt. II para. 8(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F6 Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F7 Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(4)

[F8 8A (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 8 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

F8 Paras. 8A, 8B inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4 (5)(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

8B A harbour revision order relating to a harbour in Scotland and a harbour empowerment order relating to a harbour or to works to be carried out in Scotland shall in every case be subject to special parliamentary procedure.

9 So soon as may be after a harbour revision order has been made by the Minister of his own motion he shall publish by Gazette and local advertisement a notice stating that the order has been made and naming a place where a copy thereof may be inspected at all reasonable hours [F9 and further stating, in the case of an order to which paragraph 8B above does not apply, whether the order is affected by the provisions of paragraph 8A above and, where it is not so affected, the date on which it came or will come into operation], and shall serve a copy of the order on every person on whom notice of the proposal to make the order was served in compliance with the requirement imposed by paragraph 7(b) above.

Textual Amendments

F9 Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(6)(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

[F10 9A Where an order is affected by the provisions of paragraph 8A above but is not, in the event, subject to special parliamentary procedure, the Secretary of State shall as soon as may be after the expiration of the period (or latest period) of 28 days referred to in sub-paragraph (3) of that paragraph publish by Gazette and local advertisement a notice stating that the order is not so subject and indicating the date on which it came or will come into operation.]

Textual Amendments

F10 Para. 9A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(7)(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