SCHEDULES
F1C1SCHEDULE 3 PROCEDURE FOR MAKING HARBOUR REVISION AND EMPOWERMENT ORDERS
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
PART II ORDERS MADE BY THE SECRETARY OF STATE OF HIS OWN MOTION
Notices
26
1
Where the Secretary of State proposes to make a harbour revision order of his own motion, he shall first—
a
publish a notice by Gazette and local advertisement and in such other ways as he thinks appropriate, and
b
serve on the harbour authority, and on any other person who he thinks ought to have notice of the proposal, a copy of the draft order and a notice.
2
The notice mentioned in sub-paragraph (1)(a) must—
a
state that the Secretary of State proposes to make the order,
b
contain a concise summary of the draft order,
c
name a place where a copy of the draft order may be inspected at all reasonable hours, and
d
state that any person who desires to object to the proposal should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date specified in the notice.
3
The date specified in accordance with sub-paragraph (2)(d) must be the date on which the notice first appears in a local newspaper.
4
The notice mentioned in sub-paragraph (1)(b) must—
a
state that the Secretary of State proposes to make the order, and
b
state that if the harbour authority or other person served desires to object to the proposal he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.
Objections
27
1
The following paragraphs in this Part have effect where—
a
all notices concerning a proposal of the Secretary of State to make a harbour revision order have been published under paragraph 26(1)(a),
b
all notices and other documents which are required to be served under paragraph 26(1)(b) have been served, and
c
every period for the making of objections to the Secretary of State in respect of the proposal has expired.
28
F2If an objection to the proposal was made to the Secretary of State and has not been withdrawn he shall cause an inquiry to be held, unless—
a
he decides that the proposal shall not proceed further,
b
he considers the objection is frivolous or too trivial to warrent the holding of an inquiry, or
c
the objection does not specify the grounds on which it is made.
F21
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; and
b
the council 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.
The decision
29
1
The Secretary of State shall consider—
a
any objections made and not withdrawn, F3and
b
c
any written representations submitted to the Scottish Ministers by an objector in elaboration of the objection.
2
Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—
a
not to make the order proposed,
b
to make the order in the form of the draft, or
c
to make it with modifications.
The order
30
Where the Secretary of State proposes to make the order with modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he—
a
shall take such steps as appear to him to be sufficient and reasonably practicable for informing persons likely to be concerned, and
b
shall not make the order until a reasonable period for consideration of, and comment upon, the proposed modifications by those persons has expired.
31
1
As soon as possible after a harbour revision order has been made by the Secretary of State of his own motion he shall—
a
publish a notice by Gazette and local advertisement, and
b
serve a copy of the order on each person on whom notice was served under paragraph 26(1)(b).
2
The notice mentioned in sub-paragraph (1)(a) must—
a
state that the order has been made, and
b
name a place where a copy of the order may be inspected at all reasonable hours.
Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3