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Miscellaneous and GeneralE+W+S

[F144 Limitation of right to challenge harbour revision orders, &c., in legal proceedings.E+W+S

(1)A person who desires to question any such order as follows, namely, a harbour revision or empowerment order [F2(not being one confirmed by Act of Parliament under section [F34 or] 6 of the M1Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act)] [F4or an order under section 15A of this Act,] on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, . . . F5 may, within six weeks from the date on which the order becomes operative . . . F5 make an application for the purpose to the High Court or the Court of Session, as the case may be.

(1A)On an application under the foregoing subsection . . . F5, the court—

(a)may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and

(b)if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3)Except as provided by this section, a harbour revision or empowerment order [F7, or an order under section 15A of this Act,] shall not, either before or after it is made, be questioned in any legal proceedings whatever, . . . F5.

(4)The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed [F8or made] by the Minister as they apply to a harbour revision order, with the substitution [F8, in relation to a harbour reorganisation scheme confirmed by the Secretary of State,] for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.

(5)In relation to proceedings in Scotland, subsections (1A)(a) . . . F5 of this section shall have effect as if the words “by interim order” were omitted.

[F9(6)In relation to any challenge to an order to which subsection (7) below applies, an organisation mentioned in the definition of “the public concerned” in Article 1(2) of [F10the EIA Directive] is deemed for the purposes of—

(a)sub-paragraph (a) of [F11Article 11(1)(a)] of that Directive to have an interest; and

(b)sub-paragraph (b) of [F12Article 11(1)(a)] to have rights capable of being impaired.

(7)This subsection applies to a harbour revision or empowerment order authorising a project which—

(a)falls within Annex I to [F13the EIA Directive]; or

(b)falls within Annex II to [F14the EIA Directive] and is a relevant project.

(8)In this section, “[F15the EIA Directive]”, “project” and “relevant project” have the meanings assigned by paragraph 1 of Schedule 3 to this Act.]

[F16(6)In the case of an order falling within subsection (7), an environmental organisation is, in accordance with [F17Article 11(1)(a) of the EIA Directive], to be deemed to have sufficient interest to make an application under subsection (1).

(7)An order is within this subsection if the decision to make it was subject to the public participation provisions of [F18the EIA Directive].

(8)For the purposes of subsections (6) and (7)—

(a)“[F19the EIA Directive]” has the meaning given in Schedule 3;

(b)an “environmental organisation” is a non-governmental organisation promoting environmental protection; and

(c)“the public participation provisions” has the same meaning as in [F20the EIA Directive].]

[F21(9)Section 17D(3) applies this section to closure orders.]]

Textual Amendments

F1S. 44 substituted by virtue of Docks and Harbours Act 1966 (c. 28), s. 44, Sch. 2

F2Words in s. 44(1) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2

F3Words in s. 44(1) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 25(9), 35(1); S.I. 2013/1488, art. 3(e) (with art. 8, (3))

F9S. 44(6)-(8) added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(2), 30(3) (with s. 30(5))

Marginal Citations

M11945 c. 18. (9 & 10 Geo. 6)