Harbours Act 1964

Status:

Point in time view as at 17/02/2021.

Changes to legislation:

Harbours Act 1964, Section 44 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F144 Limitation of right to challenge harbour revision orders, etc., 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.

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

(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 the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1).

(7)An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.

(8)For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.]

[F10(6)In the case of an order falling within subsection (7), an environmental organisation is F11... to be deemed to have sufficient interest to make an application under subsection (1).

[F12(7)An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.

(8)For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.]]

[F13(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))

F4Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(2)(a)

F5Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F6S. 44(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F7Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(2)(b)

F8Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(4)

F9S. 44(6)-(8) substituted (S.) (31.12.2020) by The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/460), regs. 1, 2(3)

F10S. 44(6)-(8) added (E.W.) (10.3.2009) by The Harbour Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009 (S.I. 2009/269), regs. 1(1), 2 (with reg. 1(2))