Harbours Act 1964

[F1 PART II E+W+S ORDERS MADE BY THE SECRETARY OF STATE OF HIS OWN MOTION

Textual Amendments

F1 Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3

Notices E+W+S

26 (1) Where the Secretary of State proposes to make a harbour revision order of his own motion, he shall first— E+W+S

(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 E+W+S

27 (1) The following paragraphs in this Part have effect where— E+W+S

(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28 E+W+S [F2 If an objection to the proposal was made to the Secretary of State and has not been withdrawn he shall cause an inquiry to be held, unless—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.]

[F2 (1) 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 [F3 or by the harbour authority]; and

(b) the council [F4 or 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.]

Textual Amendments

F2 Sch. 3 para. 28 substituted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(1), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F3 Words in Sch. 3 para. 28(4)(a) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(i), 30(4); S.S.I. 2007/516, art. 2

F4 Words in Sch. 3 para. 28(4)(b) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(ii), 30(4); S.S.I. 2007/516, art. 2

The decision E+W+S

29 (1) The Secretary of State shall consider— E+W+S

(a) any objections made and not withdrawn, [F5 and]

(b) the report of any person who held an inquiry [F6 and of any person appointed for the purpose of hearing an objector] under paragraph 28[F7 ; and

(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.

Textual Amendments

F5 Word in Sch. 3 para. 29(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F6 Words in Sch. 3 para. 29(1)(b) inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(a), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

F7 Sch. 3 para. 29(1)(c) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(b), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

The order E+W+S

30 E+W+S 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— E+W+S

(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[F8 —

(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]

[F8 contain the information specified in paragraph 24(2)].

[F9 (3) As soon as possible after the Scottish Parliament has decided whether or not to approve under section 54A(4)(b) of this Act a statutory instrument containing a harbour revision order made by the Scottish Ministers of their own motion, those Ministers shall publish by Gazette and local advertisement a notice containing the information specified in head (a) of sub-paragraph (3) of paragraph 24 and, if appropriate, that specified in head (b) of that sub-paragraph.]]

Textual Amendments

F8 Words in Sch. 3 para. 31(2) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(n), 30(4); S.S.I. 2007/516, art. 2

F9 Sch. 3 para. 31(3) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(o), 30(4); S.S.I. 2007/516, art. 2