Coast Protection Act 1949

Part I E+W+S Coast Protection

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-33) saved (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s. 61(1)(e)

Coast protection authorities E+W+S

1 Coast protection authorities. E+W

(1) The council of each maritime . . . F1 district shall, subject to the provisions of any order under the next following section, be the coast protection authority for the . . . F1 district, as the case may be.

(2) A coast protection authority shall have such powers and perform such duties in connection with the protection of land in their area as are conferred or imposed on coast protection authorities by this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Extent Information

E1 This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F2 S. 1(3) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

1 Coast protection authorities. S

[F122 (1) A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 any part of whose area adjoins the sea shall be the coast protection authority for that area.]

(2) A coast protection authority shall have such powers and perform such duties in connection with the protection of land in their area as are conferred or imposed on coast protection authorities by this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

Extent Information

E6 This version of this provision extends to Scotland only; a seperate version has been created for England and Wales only

Textual Amendments

F122 S. 1(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 32(2); S.I. 1996/323, art.4(1)(c)

F123 S. 1(3) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

2 Constitution of coast protection boards. E+W+S

(1) Subject to the provisions of this section, the Minister may, where it appears to him expedient for the protection of land in any area, make an order providing for the constitution of a board, to be known as a coast protection board, which shall be the coast protection authority for that area.

(2) A coast protection board shall consist of representatives of the council of every maritime . . . F3 district any part of which is within the area for which the board is constituted, and, if the order so provides, of representatives of such one or more as may be specified in the order of the following bodies and persons, that is to say—

(a) the council of any county [F4 (other than one in Wales)] any part of which is within the area;

(b) [F5 the National Rivers Authority and any sea defence commissioners, internal drainage board], harbour authority, fishery board,local fisheries committee, conservancy authority or navigation authority having any powers or duties in relation to any part of the area;,harbour authority, fishery board, local fisheries committee, conservancy authority or navigation authority having any powers or duties in relation to any part of the area;

(c) any . . . F3 authority responsible for the maintenance of any highway within the area, being a highway likely to be injuriously affected by the action of the sea;

(d) [F6 the British Railways Board and the British Waterways Board], in the case of any area containing any railway, canal or inland navigation vested in that Commission and likely to be injuriously affected as aforesaid;

(e) any other body or person upon whom any powers or duties relating to the protection of land in the area have been conferred or imposed by or under any enactment other than this Act.

(3) An order under this section may, if it appears expedient to the Minister, be made so as to relate only to such functions under this Act as may be specified in the order, or to the exercise of such functions only in such particular case as may be so specified.

(4) An order under this section which provides for the inclusion in a coast protection board of representatives of any body mentioned in paragraphs (b) to (e) of subsection (2) of this section shall be made jointly by the Ministers concerned, and in relation to such an order the last foregoing subsection shall have effect as if, for the reference to the Minister, there were substituted a reference to the Ministers concerned.

(5) An order made under this section may—

(a) prescribe the representation of the constituent authorities on the board and make provision with respect to the appointment, tenure of office and vacation of office of members and officers and servants of the board, authorise the remuneration of such officers and servants, and make provision with respect to their pension rights;

(b) provide for the incorporation of the board with power to hold land for the purposes of their powers and duties;

(c) authorise the board to defray or contribute to expenses of carrying out coast protection work or of contributing to the cost of such work, being expenses incurred (whether before or after the commencement of this Act) by any of the constituent authorities before the making of the order;

(d) make provision for the raising, by borrowing or otherwise, of any money required by the board for the purposes of their functions and, in particular, provide for the apportionment among the constituent authorities of any expenses of the board, empower the board to issue precepts to those authorities requiring payment of the amounts apportioned to them respectively and provide for the enforcement of such precepts;

(e) contain any incidental or consequential provisions which appear to the Minister, or the Ministers concerned, to be necessary or expedient for the purposes of the order, including, without prejudice to the generality of this paragraph, provisions as to the manner in which the expenses of a constituent authority under the last foregoing paragraph are to be defrayed and provisions applying to the board any enactment which applies to a coast protection authority, not being a coast protection board, by reason that it is a local authority as defined for the purposes of that enactment.

(6) An order revoking an order under this section may contain such provisions for the dissolution of the board constituted by the order revoked, and for the disposal of property, rights and liabilities of that board, as appear expedient to the Minister or the Ministers concerned.

(7) Any order made under this section shall be made in accordance with Part I of the First Schedule to this Act, and Parts II and III of that Schedule shall apply—

(a) as to the said Part II, for the purpose of making the order subject to special parliamentary procedure in the circumstances mentioned in that Part; and

(b) as to the said Part III, with respect to the validity of the order.

(8) In this section the expression “the Ministers concerned”—

(a) [F7 in relation to the National Rivers Authority, an internal drainage board], fishery board (other than the Tweed Commissioners) or local fisheries committee, or a harbour authority for a harbour [F8 which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951] , means the Minister and the [F9 Minister of Agriculture, Fisheries and Food];

(b) in relation to the Tweed Commissioners means the Minister and the Secretary of State;

(c) in relation to any other harbour authority, or a conservancy authority, navigation authority or highway authority, or [F6 the British Railways Board and the British Waterways Board], means the Minister and the [F10 the Secretary of State]; and

(d) in relation to any other body, means the Minister and any other Minister concerned with the exercise by that body of their powers under the relevant enactment.

Any question arising under paragraph (d) of this subsection shall be determined by the Treasury.

(9) Any power conferred by this section to make an order shall be exercisable by statutory instrument.

(10) This section shall not apply to Scotland.

Textual Amendments

F3 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F4 Words in s. 2(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(1); S.I. 1996/396, art. 3, Sch.1

F5 Words in s. 2(2)(b) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para.11(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F6 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

F7 Words in s. 2(8)(a) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(1)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F8 Words in s. 2(8)(a) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 65(2); S.I. 1992/1347, art. 2, Sch

F9 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F10 Words substituted by virtue of S.I. 1970/1681

Modifications etc. (not altering text)

C2 S. 2(2)(d) modified as to power of appointment to replace person appointed before 1.1.1963 by Transport Act 1962 (c. 46), Sch. 2 Pt. I

C3 S. 2(8)(a): functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2, 3

C4 S. 2(8)(a) modified by S.I. 1985/442, art. 4(3)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 S. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Execution of coast protection work E+W+S

4 General powers of coast protection authorities. E+W+S

(1) Subject to the following provisions of this Act, a coast protection authority shall have power to carry out such coast protection work, whether within or outside their area, as may appear to them to be necessary or expedient for the protection of any land in their area.

(2) A coast protection authority may enter into an agreement with any other person for the carrying out by that person or by the authority, on such terms as to payment or otherwise as may be specified in the agreement, of any coast protection work which the authority have power to carry out under this Part of this Act.

(3) A coast protection authority may acquire, whether by way of purchase, feu, lease or exchange, any land, whether within or outside their area, being land—

(a) required by them for the purpose of carrying out thereon any coast protection work which they have power to carry out under this Part of this Act, or

(b) for the protection of which they propose to carry out any such work as aforesaid, not being work of maintenance or repair.

(4) Without prejudice to the powers hereinafter conferred on coast protection authorities, the foregoing provisions of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of such an authority by virtue of its constitution; and the said provisions shall not authorise any act or omission on the part of such an authority which apart from this section is actionable at the suit of any person on any ground other than such a limitation.

5 Objections to, and approval of, proposals to carry out coast protection work. E+W+S

(1) Subject to the provisions of this Act as to works schemes, a coast protection authority proposing to carry out any coast protection work, other than work of maintenance or repair, shall publish in one or more local newspapers circulating in the area of the authority and in such other manner (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct, such notice of that proposal, including an estimate of the cost of the work and containing a sufficient indication of the effect of subsection (3) of this section, as may be so prescribed or as the Minister may so direct, and shall serve a like notice [F12 on any [F13 river authority] or other drainage authority in whose area][F12 on the National Rivers Authority and on any internal drainage board in whose district]any of the work is to be carried out.

(2) Where regulations made by the Minister so prescribe or the Minister in any particular case so directs, a like notice shall be served on such other authorities or persons as may be specified in the regulations or direction.

(3) Where a notice has been published by an authority under subsection (1) of this section, any person may serve on the Minister and on the authority, in the manner and within the period prescribed by regulations made by the Minister, notice of objection to the proposal.

(4) Where notice of objection has been served under the last foregoing subsection and not withdrawn, and the ground of objection is that the proposed work will be detrimental to the protection of any land specified in the notice, or will interfere with the exercise by the objector of his functions under any enactment other than this Act, the Minister shall either cause a local inquiry to be held or shall give to the objector and to all other persons appearing to him to be affected by the proposal an opportunity of being heard by a person appointed by him for the purpose; and after considering the report of the person appointed to hold the inquiry or to hear objections, the Minister shall determine the objection:

Provided that—

(a) where the objection is made by a [F13 river authority] or other drainage authority, fishery board (other than the Tweed Commissioners) or local fisheries committee, or by the harbour authority for a harbour to which the M1 Fishery Harbours Act 1915 applies, the powers of the Minister under this subsection shall be exercised jointly with [F14 the Minister of Agriculture, Fisheries and Food];

(b) where the objection is made by the Tweed Commissioners, the said powers shall be exercised jointly with the Secretary of State; and

(c) where the objection is made by any other harbour authority, or by a conservancy authority, [F15 navigation authority or highway authority][F15 or navigation authority], or by the [F16 any of the Boards], the said powers shall be exercised jointly with the [F17 the Secretary of State.]

(5) As soon as may be after the time for serving notices of objection under subsection (3) of this section has expired the Minister shall either approve the proposal or direct the authority not to carry out the proposed work or impose such modifications of the proposal or such conditions as to the carrying out of the work as he may think fit, having regard to the determination of objections as aforesaid.

(6) Nothing in this section shall prevent a coast protection authority from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them to be urgently necessary for the protection of any land in their area; but where work is so carried out [F18 in the area of any [F13 river authority] or other drainage authority and the coast protection authority is not a board on which the drainage authority are represented, the coast protection authority shall give to the drainage authority, before or as soon as possible after the commencement of the work, notice of the nature of the work.][F18 the coast protection authority shall, before or as soon as possible after the commencement of the work, give notice of the nature of the work —

(a) to the National Rivers Authority where it is not represented on the coast protection authority; and

(b) to any internal drainage board which are not so represented and in whose district the work is to be or has been carried out.]

(7) In the application of this section to Scotland, subsection (4) shall have effect as if in the proviso for the words from “by a [F13 river authority]” to “any other harbour authority” there were substituted the words “by a harbour authority other than the authority for a harbour principally used by the fishing industry”, and as if for the words “the said powers” there were substituted the words “the powers of the Minister under this subsection”.

Textual Amendments

F12 S. 5(1) for from “on any” to “whose area” there is substituted (E.W.) “on the National Rivers Authority and on any internal drainage board in whose district” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F13 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F14 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F15 Words “or navigation authority” substituted for words “navigation authority or highway authority” (S.) by S.I. 1955/1955 (1955 I, p. 1205)

F16 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I. “Any of the Boards” means any of the Boards established by s. 1 of that Act

F17 Words substituted by virtue of S.I. 1970/1681

F18 S. 5(6) in subsection (6) for from “in the area” onwards there is substituted (E.W.) words commencing “the coast protection” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Modifications etc. (not altering text)

C5 S. 5(4) proviso modified by S.I.1985/442, art.4(4)

C6 S. 5(4) para.(c) of the proviso amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 6(3)(b)

Marginal Citations

M1 1915 c. 48.

6 Power to make schemes for carrying out work. E+W+S

(1) Where a coast protection authority propose that coast protection work (not being work of maintenance or repair) should be carried out on any land, and it appears to the authority—

(a) that the work cannot be carried out except in the exercise of compulsory powers, or

(b) that persons interested in land benefited by the carrying out of the work ought to pay to the authority charges (hereinafter referred to as “coast protection charges”) in accordance with the following provisions of this Act in that behalf,

the authority may prepare a scheme (hereinafter referred to as a “works scheme”) for the carrying out of the work.

(2) A works scheme shall—

(a) indicate the nature of any work to be carried out by the authority on land vested in them or proposed to be acquired by them for the purposes of the scheme;

(b) specify the work (if any) to be carried out on land not so vested or proposed to be acquired; and

(c) specify the estimated cost of all work comprised in the scheme.

(3) A works scheme shall not have effect unless confirmed by the Minister in accordance with the following provisions of this Act.

7 Works schemes providing for coast protection charges. E+W+S

(1) A works scheme may indicate land (hereinafter referred to as “contributory land”) as land in respect of which coast protection charges are to be payable under the scheme on the ground that it will be benefited by the carrying out of the work provided for by the scheme.

(2) Coast protection charges under a works scheme shall be levied by reference to interests in contributory land.

(3) The coast protection charge payable by reference to any such interest shall not exceed the amount by which the value of the interest immediately after the time at which the works provided for by the scheme have been completed, calculated on the assumption that those works will in future be maintained without expense to the person entitled to the interest in question, is greater than the value of that interest would then be if the works had not been undertaken:

Provided that, if any of the work provided for by the scheme is carried out at the expense of the person entitled to the interest, the coast protection charge shall not exceed the said amount reduced by the reasonable cost of the carrying out thereof.

(4) A works scheme which provides for the levying of coast protection charges shall either—

(a) specify the persons by whom such charges are to be paid, the amount of the charge to be paid by each person and the interest in land by reference to which the charge is levied upon him; or

(b) state that the authority by whom the scheme is prepared will, within such period after the completion of the work as may be specified in the scheme, determine the interests in land by reference to which coast protection charges are to be levied and, in the case of each of those interests, the amount of the charge leviable in respect thereof;

and in a case falling within paragraph (b) of this subsection a coast protection charge shall be payable by the person who, at the time of the determination of the interest by reference to which the charge is to be levied, is entitled to that interest.

(5) Where a works scheme contains such a statement as is mentioned in paragraph (b) of the last foregoing subsection, the authority may, at any time within the period specified in the scheme, determine the charges to be levied thereunder as mentioned in that paragraph, and shall serve on each person upon whom a charge is leviable under the scheme a notice containing full particulars of their determination as to all the charges to be so levied.

(6) Any person aggrieved by the determination of an authority under the last foregoing subsection may appeal to the Minister on the ground that the determination is inequitable or unduly onerous; and the Minister, after giving to the appellant and the authority and any other person appearing to him to be concerned an opportunity of being heard by a person appointed by him for the purpose, may confirm, reduce or cancel the charge levied upon the appellant as the Minister may think fit.

(7) Any dispute arising in connection with a works scheme as to whether a charge under the scheme exceeds the amount permitted by subsection (3) of this section shall be determined by arbitration; and if on any such arbitration it is determined that the charge exceeds that amount, the charge shall be reduced accordingly and the scheme and any notice served thereunder shall have effect as if the amount of the charge expressed therein were the amount permitted by the said subsection (3) as determined on the arbitration.

(8) In this section—

(a) as respects England and Wales, the expression “interest” means the fee simple or an interest under a tenancy, and the expression “tenancy” includes a tenancy under an under-lease and a tenancy under an agreement for a lease or under-lease but does not include an option to take a tenancy and does not include a mortgage;

(b) as respects Scotland, the expression “interest” means the interest of the proprietor of the dominium utile or, in the case of land other than feudal land, of the owner, or the interest of the tenant or sub-tenant under a lease or sub-lease;

and for the purposes of this section the value of an interest which is subject to a mortgage or heritable security shall be calculated as if the interest were not subject thereto.

8 Confirmation of works schemes. E+W+S

(1) A coast protection authority by whom a works scheme is prepared shall publish, in one or more local newspapers circulating in the area of the authority and in such other manner (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct, a notice stating that the scheme has been prepared, naming a place where a copy thereof may be seen at all reasonable hours, and containing a sufficient indication of the effect of subsection (3) of this section, and shall serve copies of the scheme on the owner and occupier of any land, other than land vested in and occupied by the authority, on which the work provided for by the scheme is to be carried out, [F19 on any [F20 river authority] or other drainage authority in whose area][F19 on the National Rivers Authority and on any internal drainage board in whose district]any of the work is to be carried out, and on such other authorities or persons (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct.

(2) If the scheme provides for the levying of coast protection charges the persons on whom copies of the scheme are to be served shall include—

(a) where the scheme specifies the persons by whom such charges are to be paid as mentioned in paragraph (a) of subsection (4) of the last foregoing section, each of those persons;

(b) where the scheme contains such a statement as is mentioned in paragraph (b) of that subsection, all owners of contributory land.

(3) Where a notice has been published by an authority under subsection (1) of this section, any person may serve on the Minister and on the authority, in the manner and within the period, not being less than twenty-eight days, prescribed by regulations made by the Minister, notice of objection to the scheme.

(4) Where notice of objection has been served under the last foregoing subsection and not withdrawn, and the ground of the objection is—

(a) that the work provided for by the scheme, or any part thereof, is unnecessary;

(b) that the carrying out thereof in the manner provided by the scheme would cause hardship to the objector;

(c) that the land indicated by the scheme as contributory land includes land which ought not to be so indicated or does not include land which ought to be so indicated;

(d) in the case of a scheme which specifies the persons by whom coast protection charges are to be paid as mentioned in paragraph (a) of subsection (4) of the last foregoing section, that any other provision of the scheme as to such charges is inequitable or unduly onerous; or

(e) that the work provided for by the scheme will be detrimental to the protection of any land specified in the notice of objection, or will interfere with the exercise by the objector of his functions under any enactment,

the Minister shall either cause a local inquiry to be held or give to the objector and to all other persons appearing to the Minister to be affected by the scheme an opportunity of being heard by a person appointed by him for the purpose; and after considering the report of the person appointed to hold the inquiry or to hear objections, the Minister shall determine the objection:

Provided that—

(a) where the objection is made by a [F20 river authority] or other drainage authority, fishery board (other than the Tweed Commissioners) or local fisheries committee, or by the harbour authority for a harbour to which the M2 Fishery Harbours Act 1915 applies, the powers of the Minister under this subsection shall be exercised jointly with the [F21 Minister of Agriculture, Fisheries and Food];

(b) where the objection is made by the Tweed Commissioners, the said powers shall be exercised jointly with the Secretary of State; and

(c) where the objection is made by any other harbour authority, or by a conservancy authority, [F22 navigation authority or highway authority][F22 or navigation authority], or by the [F23 any of the Boards], the said powers shall be exercised jointly with the [F24 Secretary of State.]

(5) As soon as may be after the time for serving notices of objection under subsection (3) of this section has expired, the Minister shall make such order either confirming the scheme, as prepared by the authority or with modifications, or quashing the scheme, as the Minister may think fit having regard to the determination of any objections under the last foregoing subsection:

Provided that except as hereinafter mentioned the Minister shall not modify a works scheme by indicating as contributory land any land not so indicated in the scheme as prepared by the coast protection authority, or by specifying as a person upon whom a coast protection charge may be levied any person not so specified in the scheme as so prepared, or by increasing the amount of any such charge specified in the scheme as so prepared.

(6) Where it appears to the Minister that a works scheme should be modified as mentioned in the proviso to the last foregoing subsection, he shall direct the authority by whom the scheme was prepared to serve notice of the proposed modification on the owners of the land proposed to be indicated as contributory land or the persons proposed to be specified as persons upon whom coast protection charges may be levied or whose charges are proposed to be increased, as the case may be; and any person on whom notice is served as aforesaid may object to the proposed modification, and the provisions of subsections (3) and (4) of this section as to the service of notices of objection and the determination of objections shall, so far as applicable, apply accordingly with the substitution, for references to the scheme, of references to the proposed modification.

(7) Subject to the provisions of subsection (7) of the last foregoing section, the provisions of Part III of the First Schedule to this Act as to the validity of orders shall apply to an order made by the Minister under subsection (5) of this section:

Provided that the Minister may direct in the case of any particular order that in lieu of the provisions of the said Part III as to the publication of notices there shall be substituted such provisions as, having regard to the nature of the order, the Minister considers best suited for bringing it to the notice of persons affected.

[F25 (8) A works scheme indicating land as contributory land shall, when operative, be a local land charge as respects the contributory land.]

(9) In the application of this section to Scotland,—

(a) subsection (4) shall have effect as if in the proviso for the words from “by a [F20 river authority]” to “any other harbour authority” there were substituted the words “by a harbour authority other than the authority for a harbour principally used by the fishing industry”, and for the words “the said powers” there were substituted the words “the powers of the Minister under this subsection”;

(b) subsection (8) shall be omitted, but as soon as may be after a works scheme indicating land as contributory land becomes operative, the authority by whom it was prepared shall record it in the appropriate Register of Sasines.

Textual Amendments

F19 S. 8(1) for from “on any” to “whose area” there is substituted (E.W.) “on the National Rivers Authority and on any internal drainage board in whose district” by Water Act 1989 (c. 15, SIF 130) ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(3), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F20 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F21 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F22 Words “or navigation authority” substituted for words “navigation authority or highway authority” (S.) by S.I. 1955/1955 (1955 I, p. 1205)

F23 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I. “Any of the Boards” means any of the Boards established by s. 1 of that Act

F24 Words substituted by virtue of S.I. 1970/1681

F25 S. 8(8) substituted (1.8.1977) by Local Land Charges Act 1975 (c. 76), Sch. 1

Modifications etc. (not altering text)

C7 S. 8(4) proviso modified by S.I. 1985/442, art. 4(4)

C8 S. 8(4) para.(c) of the proviso amended (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2), Sch. 4 para. 6(3)(b)

Marginal Citations

M2 1915 c. 48.

9 Carrying out of work provided for by works schemes. E+W+S

(1) Subject to the provisions of the next following subsection, where a works scheme prepared by an authority is confirmed by the Minister the authority shall have power to take all necessary steps for carrying out the work provided for by the scheme.

(2) Where a works scheme specifies work to be carried out on land neither vested in the authority nor proposed to be acquired by them for the purposes of the scheme, the owner of the land may, at any time not later than the expiration of six weeks after the confirmation of the scheme, serve a notice on the authority stating that he proposes to carry out the work; and where such a notice is served and not withdrawn, the authority shall not, except in accordance with the next following subsection, carry out that work.

(3) Where an owner by whom a notice has been served under the last foregoing subsection fails to carry out the work to which the notice relates in accordance with the scheme, the authority may give notice to him that unless the work is so carried out within such period as may be specified in the notice the authority will themselves carry out the work; and if where such a notice has been given by the authority the work is not so carried out within the said period, the authority shall have power to take all necessary steps for carrying out the work in accordance with the scheme.

(4) Section five of this Act shall not apply to any proposal of a coast protection authority to carry out work provided for by a works scheme.

10 Recovery of coast protection charges. E+W+S

(1) A coast protection charge levied upon any person under a works scheme shall become due—

(a) in the case of a charge the amount of which is specified in the scheme, on the completion of the work provided for by the scheme, and

(b) in any other case, on the service upon him of a notice specifying the amount of the charge:

Provided that if the charge is disputed, either by any question being required to be determined by arbitration or by an appeal to the Minister in accordance with the foregoing provisions of this Act in that behalf, the charge shall not become due until the dispute is finally determined.

(2) A coast protection authority to whom a coast protection charge is payable by any person may, if he so requires, by order declare that it shall be payable by instalments over a period specified in the order not exceeding thirty years, with interest at such [F26 rate as may be determined by regulations made by the Minister.][F26 reasonable rate as may be determined by the authority]

(3) Any such instalment, or any part thereof, may, at any time after it has fallen due, be recovered from the person for the time being entitled to the interest in land by reference to which the charge was levied; and where that person is the owner the instalment, or any part thereof, may be recovered from the occupier for the time being of the land, and, if recovered from the occupier, may be deducted by him from the rent of the land:

Provided that an occupier shall not be required under this subsection to pay at any one time any sum in excess of the amount which was due from him on account of rent at, or has become due from him on account of rent since, the date on which he received a demand from the authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.

(4) An order may be made under subsection (2) of this section at any time with respect to the unpaid balance of any coast protection charge, so however that the period for repayment shall not in any case extend beyond thirty years from the time when the charge first became due.

(5) The making of an order under the said subsection (2) as respects a coast protection charge shall not prevent the charge from being discharged at any time by the payment to the coast protection authority of the unpaid balance of the charge together with any accrued interest thereon.

(6) Where the interest by reference to which a coast protection charge is levied is subject to a mortgage, then, at the time while the mortgagee is in possession or in receipt of the rents or profits, the charge or any instalment in respect thereof for the time being due and remaining unpaid shall be payable by the mortgagee, and not by the person entitled to the interest.

(7) Where at a time when a coast protection charge or any instalment in respect thereof is due and remains unpaid a person is in receipt of the rents and profits of land as agent for the person entitled to the interest by reference to which the charge is levied, the charge or instalment may, subject to the next following subsection, be recovered from the agent.

(8) Where a coast protection authority claim to recover any sum in respect of a coast protection charge from a person who proves that—

(a) he acts, in the capacity by reason of which the claim is made, merely as agent or trustee for some other person; and

(b) he has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but an authority who are, or would be, debarred by the foregoing provisions of this subsection from recovering the whole of any such sum from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee acts.

(9) References in this section to the payment or recovery of an instalment in respect of a coast protection charge shall be construed as including references to the payment or recovery, as the case may be, of any accrued interest in respect of the charge.

Textual Amendments

F26 S. 10(2): for the words from 'rate' to 'the Minister' there is substituted (E.W.) the woeds from 'reasonable' to 'the Authority' by Local Government Planning and Land Act 1980(c. 65, SIF 81:1), s. 1(6), Sch. 6 para. 5.

11 Incidence of coast protection charges, etc. E+W+S

(1) Any amount paid by a mortgagee in respect of a coast protection charge or in respect of expenses incurred in carrying out work under a works scheme shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money:

Provided that, without prejudice to the recovery of interest, the said amount shall not be recoverable from the mortgagor personally.

(2) The following provisions shall have effect as to the raising of money in particular cases for the payment of coast protection charges and of expenses incurred in carrying out work under a works scheme, that is to say—

(a) the purposes authorised for the application of capital money by section seventy-three of the M3 Settled Land Act 1925, by that section as applied by section twenty-eight of the M4 Law of Property Act 1925, in relation to trusts for sale, and by section twenty-six of the M5 Universities and College Estates Act 1925, and the purposes authorised by section seventy-one of the M6 Settled Land Act 1925, by that section as applied as aforesaid, and by section [F27 thirty] of the M7 Universities and College Estates Act 1925, as purposes for which moneys may be raised by mortgage, shall include the payment of any such charge or expenses;

(b) any such charge or expenses which are payable by the Commissioners of Crown Lands in respect of lands under their management may, with the approval of the Treasury, be charged as a principal sum to the account of the capital of the land revenues of the Crown, but the Treasury may direct that any sum so charged shall be repaid out of the income of those revenues within such time and by such instalments as may be specified in the directions;

(c) M8 the purposes authorised by section twenty-five of the Act of the fifty-seventh year of King George the Third, chapter ninety-seven, for the application of moneys arising by any such sale of annuities standing in the name or to the account of the Duchy of Lancaster as is therein mentioned shall include the payment of any such charge or expenses in respect of land belonging to the said Duchy; and

(d) the purposes authorised by section eight of the M9 Duchy of Cornwall Management Act 1863 M10 , as amended by section one of the Act of the thirty-first and thirty-second years of Queen Victoria, chapter thirty-five, for the advancement of parts of such gross sums as are therein mentioned shall include the payment of any such charge or expenses in respect of land forming part of the possessions of the said Duchy.

(3) In the application of this section to Scotland, the last foregoing subsection shall have effect as if for paragraph (a) there were substituted the following paragraph—

“(a) for the purpose of paying any such charge or expenses, a trustee, a liferenter or an heir of entail in possession shall have power to expend capital money and to sell, or to borrow money on the security of, the estate or any part thereof, heritable as well as moveable;”

and as if paragraphs (c) and (d) were omitted.

Textual Amendments

F27 Word substituted by Universities and College Estates Act 1964 (c. 51), Sch. 3 Pt. II

Marginal Citations

M3 1925 c. 18.

M4 1925 c. 20.

M5 1925 c. 24.

M6 1925 c. 18.

M7 1925 c. 24.

M8 1817 c. 97.

M9 1863 c. 49.

M10 1868 c. 35.

12 General powers of maintenance and repair of works. E+W+S

(1) Where it appears to a coast protection authority that for the protection of land in their area any works are in need of maintenance or repair, the authority may serve on the owner and occupier of the land on which the works are situated a notice specifying the work of maintenance or repair which the authority consider to be necessary and a period after the expiration of which the authority will carry out that work if it has not been previously completed.

(2) If at the expiration of the period specified in a notice under the last foregoing subsection the work so specified has not been completed, the authority may take all necessary steps for carrying out the work.

(3) If it appears to a coast protection authority to be urgently necessary for the protection of land in their area that any works should be repaired immediately, the authority may take all necessary steps for repairing them without having served any notice under subsection (1) of this section, or notwithstanding that the time for completing the work specified in any such notice has not expired.

(4) Nothing in this section shall authorise a coast protection authority to carry out any work of maintenance or repair on works which the British Transport Commission, or an Executive established by or under section five of the M11 Transport Act 1947, have for the time being power to maintain.

Modifications etc. (not altering text)

C9 Powers of British Transport Commission and Executives established by or under Transport Act 1947 (c. 49) now exercisable by Boards established by Transport Act 1962 (c. 46) s. 1: ibid: Sch. 2 Pt. II para. 2

Marginal Citations

M11 1947 c. 49.

13 Recovery of cost of maintenance of works not constucted under works schemes. E+W+S

(1) Where under the last foregoing section a coast protection authority have carried out any work of maintenance or repair on works not being works constructed, altered or improved under a works scheme and not being works in respect of which a scheme under this section has come into operation, the authority may, subject to the provisions of this section, on the completion of the work recover the reasonable cost of the carrying out of the work from the owner or occupier of the land on which the works are situated.

(2) The right of recovery conferred by the last foregoing subsection shall not be exercisable unless a notice in respect of the work in question has been served under subsection (1) of the last foregoing section and the notice contained a statement that the works to be maintained or repaired are works to which this section applies, stated whether the authority propose to exercise their right of recovery against owner or against the occupier, and contained a sufficient indication of the effect of this section.

(3) At any time within twenty-one days after service upon an owner or occupier of such a notice, he may complain in writing to a court of summary jurisdiction on any one or more of the following grounds, that is to say—

(a) that having regard to all the circumstances of the case it is equitable that the right of recovery conferred by subsection (1) of this section should be exercisable, as respects the whole or some part of the cost of carrying out the work, against whichever of the owner and the occupier is not the complainant;

(b) that having regard to all the circumstances of the case it is equitable that the coast protection authority should bear the whole or some part of the cost of carrying out the work;

(c) that any of the work specified in the notice under subsection (1) of the last foregoing section is not work of maintenance or repair; or

(d) that having regard to all the circumstances of the case, and in particular to the amount of the cost or the probability that there will be a recurrent need for maintenance or repair, the cost ought to be provided for by a scheme under this section.

(4) A summons granted on a complaint under the last foregoing subsection shall be served on the coast protection authority and, if the complaint is made on the ground specified in paragraph (a) of the last foregoing subsection, on whichever of the owner and the occupier is not the complainant.

(5) On a complaint under subsection (3) of this section the court may, if it thinks fit, make such one or more of the following orders as may appear to the court to be appropriate, having regard to the grounds of the complaint, that is to say an order—

(a) directing that the right of recovery conferred by subsection (1) of this section shall be exercisable, as respects the whole or such part as may be specified in the order of the cost of carrying out the work, against whichever of the owner and the occupier is not the complainant;

(b) debarring the authority from recovering the cost of carrying out the work or so much of that cost as may be specified in the order;

(c) declaring that any of the work specified in the notice under subsection (1) of the last foregoing section is not work of maintenance or repair; or

(d) debarring the authority from recovering the said cost but empowering them to make a scheme under this section.

(6) Where under the last foregoing subsection the coast protection authority are empowered so to do, they may make a scheme under this section, and the provisions of sections six to eight and ten and eleven of this Act shall apply to any such scheme as they apply to a works scheme, but subject to the following modifications:—

(a) subsections (1) and (2) of the said section six shall not apply, but the scheme shall specify the work of maintenance or repair for which provision is made by the scheme;

(b) in subsection (3) of section seven of this Act references to the said work shall be substituted for references to the work or works provided for by the scheme;

(c) in the said subsection (3) the reference to the maintenance of the works provided for by the scheme shall be construed as a reference to the maintenance of the works for whose maintenance or repair provision is made by the scheme;

(d) the grounds on which objection may be made to the scheme shall be that any of the work is unnecessary or that any provision of the scheme as to charges is inequitable or unduly onerous, and no other grounds, and the reference in subsection (1) of section eight of this Act to subsection (3) of that section shall be construed accordingly.

(7) The Summary Jurisdiction Acts shall apply to the proceedings on any complaint under subsection (3) of this section; and where any party to the proceedings is aggrieved by the decision of the court on any such complaint he may appeal to [F28 the Crown Court.]

(8) Save as expressly provided in the last foregoing subsection, the determination by the court of a complaint under paragraph (c) of subsection (3) of this section shall be conclusive, as respects any right of recovery under this section, of the matter of the complaint.

(9) In the application of this section to Scotland,—

(a) for any reference to a court of summary jurisdiction there shall be substituted a reference to the sheriff, and for references to complaining, to a complainant and to a complaint there shall be substituted references to making an application, to a person making an application and to an application;

(b) in subsection (4) for the words “A summons granted on a complaint” there shall be substituted the words “Notice of an application made”; and

(c) subsection (7) shall be omitted.

Textual Amendments

F28 Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

14 Compulsory acquisition of land. E+W+S

(1) A coast protection authority may be authorised by the Minister to acquire by compulsory purchase any land which they are authorised by section four of this Act to acquire by agreement, and the [F29 Acquisition of Land Act 1981], shall apply in relation to any such compulsory purchase [F30 as if this Act had been in force immediately before the commencement of that Act]:

Provided that, in relation to any such land as is mentioned in paragraph (b) of subsection (3) of the said section four, the power conferred by this subsection shall be exercisable only if it appears that the value of the land immediately after the completion of the work will be greater than it would then be if the work had not been carried out; and in estimating for the purposes of this proviso the value of the land at that time it shall be assumed, as respects the works proposed to be constructed, altered or improved, that they will in future be maintained without expense to any person entitled to an interest in the land.

(2) Any dispute arising under the proviso to the last foregoing subsection shall, on the application of any person concerned, be determined by arbitration; and for the purposes of [F31 section 23(3) of the Acquisition of Land Act 1981], as applied by the last foregoing subsection, the provisions of this subsection shall be deemed to be a requirement of that Act.

(3) In the application of this section to Scotland, for any reference to the [F32 Acquisition of Land Act 1981], and to [F33 section 23(3) thereof] there shall be substituted a reference to the M12 Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, and to paragraph 15 of the First Schedule thereto.

Textual Amendments

F29 S. 14(1) words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 1 Table

F30 S. 14(1) words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(3), Sch. 6 Pt. I

F31 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 7(1)

F32 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 1 Table

F33 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 7(2)

Marginal Citations

M12 1947 c. 42.

15 Provisions as to subsisting obligations to carry out coast protection work. E+W+S

(1) No person shall be liable, by reason only that he is subject to an obligation to which this section applies, to maintain or repair any works being either works constructed, altered or improved under a works scheme or works for whose maintenance or repair provision is made by a scheme under section thirteen of this Act.

(2) This section applies to any obligation to carry out coast protection work to which a person would be subject by reason of tenure, custom, prescription or otherwise if this Act had not been passed.

(3) Subject to the provisions of subsection (1) of this section, nothing in this Part of this Act shall operate to release any person from any obligation to which this section applies.

(4) If any person who, by reason of any such obligation as aforesaid, is liable to carry out any coast protection work fails to carry out that work, any coast protection authority in whose area the work ought to be carried out or to whom it appears that the work is necessary or expedient for the protection of any land in their area may serve a notice on the person liable to carry out the work requiring him to carry it out within such period as may be specified in the notice, and if within that period he fails to comply with the notice, the authority by whom the notice was served may carry out the work and may recover from him any expenses reasonably incurred by the authority in carrying it out.

(5) Where it is represented to the Minister by a coast protection authority that any sea defence commissioners have failed to carry out any coast protection work which the commissioners are authorised or required by their local Act to carry out and which is necessary or expedient for the protection of land in the area of the authority, the Minister may, after giving to the commissioners an opportunity of making representations to him with respect thereto, make an order authorising the coast protection authority to carry out the work and to recover from the commissioners any expenses reasonably incurred by the authority in carrying it out or such part of those expenses as the Minister may think fit.

General and supplementary provisions relating to Part I E+W+S

16 Consent of coast protection authority required to carrying out of coast protection work. E+W+S

(1 ) Subject to the provisions of the next following section, any person who carries out any coast protection work, other than work of maintenance or repair, without the consent in writing of the coast protection authority in whose area the work is to be carried out, or in contravention of any conditions subject to which that consent is granted, shall be guilty of an offence under this Act.

(2) Without prejudice to any proceedings under the last foregoing subsection, where any person has constructed, altered or improved any works in contravention of that subsection or of any such condition as aforesaid, the said coast protection authority may serve a notice on him requiring him, within such period (not being less than thirty days) as may be specified in the notice, to remove the works or to make such alteration therein as may be so specified.

(3) If within the period specified in a notice under the last foregoing subsection the person on whom the notice is served fails to comply therewith, the coast protection authority may themselves remove or alter the works, as specified in the notice, and if they do so they shall be entitled to recover the expense thereof from the person on whom the notice was served.

(4) Where for the purposes of subsection (1) of this section application is made to a coast protection authority for their consent, they shall, before determining the application, give notice thereof to any coast protection authority whose area adjoins their area [F34 and to any river board or other drainage authority whose area comprises the whole or any part of their area, and shall consider any representations made by any such authority.][F34 and to the National Rivers Authority and to any internal drainage board whose district comprises the whole or any part of their area, and shall consider any representations made by the National Rivers Authority or by any such authority or board.]

(5) A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (1) of this section.

Textual Amendments

F34 S. 16(4): for the words from “and to any” to “such authority” there is substituted (E.W.) the words from “and to the National Rivers Authority” to “such authority or board” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 11(4), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

Modifications etc. (not altering text)

C10 S. 16(1) excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

S. 16(1) excluded (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 para.4

17 Notification to coast protection authority of coast protection work to be carried out by certain authorities. E+W

(1) Subsection (1) of section sixteen of this Act shall not apply to the carrying out of work—

(a) by a coast protection authority;

(b) by any body or person upon whom any powers or duties relating to the protection of land have been conferred or imposed by or under any enactment other than this Act;

(c) by a F35 . . . authority for the protection of a highway

(d) by the British Transport Commission, or an Executive established by or under section five of the M13 Transport Act 1947, for the protection of a railway; or

(e) by a harbour authority.

(2) Work excluded from the operation of the last foregoing section by virtue only of paragraphs (b) to (e) of the last foregoing subsection shall not be carried out except in accordance with the following provisions of this section; and any body or person who contravenes the provisions of this subsection shall be guilty of an offence under this Act.

(3) Before carrying out any such work as aforesaid the body or person in question (in this section referred to as “the undertakers”) shall give to the coast protection authority in whose area the work is to be carried out, to any coast protection authority whose area adjoins that area, [F36 to the National Rivers Authority and to any internal drainage board whose district] comprises the whole or any part of that area, not less than twenty-eight days’ notice of their intention in that behalf, specifying the work to be carried out; and where notice is so given—

(a) the undertakers shall not carry out the work before the expiration of the notice; and

(b) if before the expiration of the notice any authority or board to whom the notice has been given serves notice of objection on the Minister and on the undertakers, the undertakers shall not (unless the objection is withdrawn) carry out the work except in accordance with any direction given under the following provisions of this section.

(4) Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the Minister and any other Minister being a Minister concerned, after affording to the undertakers and to the objectors and, if the objectors are not the coast protection authority in whose area the work is to be carried out, to that authority, an opportunity of being heard by a person appointed by the said Ministers for the purpose, shall determine the objection.

(5) Where an objection has been determined under the last foregoing subsection, the appropriate Minister shall either direct that the undertakers shall be at liberty to carry out the work (whether as specified in the notice given by them under subsection (3) of this section or subject to such modifications or conditions as the appropriate Minister may think fit, having regard to the determination of the objection as aforesaid) or shall direct the undertakers not to carry out the work.

(6) A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (2) of this section.

(7) Nothing in this section shall prevent any body or person from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them or him to be urgently necessary for the protection of any land; but where any work is so carried out, being work to which subsection (2) of this section applies, the undertakers shall, before or as soon as possible after the commencement of the work, give to the coast protection authority in whose area the work is carried out notice of the nature of the work.

(8) In this section the expression “the appropriate Minister” in relation to a notice of objection served under subsection (3) thereof,—

(a) if the undertakers are a body or person mentioned in paragraph (b) of subsection (1) of this section, means any Minister concerned with the exercise by that body or person of their or his functions under the relevant enactment;

(b) if the undertakers are a harbour authority for a harbour [F37 which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951], means [F38 the Minister of Agriculture, Fisheries and Food]; and

(c) in any other case, means the Minister of Transport;

and any question arising under paragraph (a) of this subsection shall be determined by the Treasury.

(9) For the purposes of subsection (4) of this section, a Minister shall be deemed to be a Minister concerned if he is the appropriate Minister or, in a case where the notice of objection was [F39 served by the National Rivers Authority or any internal drainage board] and the appropriate Minister is not [F38 the Minister of Agriculture, Fisheries and Food], if he is the appropriate Minister or [F38 the Minister of Agriculture, Fisheries and Food].

(10) In the application of this section to Scotland, paragraph (b) of the last but one foregoing subsection shall have effect as if for the words from “to which the Fishery Harbours Act” to the end of the paragraph there were substituted the words “principally used by the fishing industry [F40 or are a highway authority], means the Minister; and”

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F35 Word in s. 17(1)(c) repealed (E.W.) by Local Government Act 1972 (c. 70), s. 272, Sch. 30

F36 Words in s. 17(3) substituted (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(5)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F37 Words in s. 17(8)(b) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 65(2); S.I. 1992/1347, art. 2, Sch.

F38 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F39 Words in s. 17(9) substituted (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(5)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F40 Words inserted by S.I. 1955/1955 (1955 I, p. 1205)

Modifications etc. (not altering text)

C11 Powers of British Transport Commission and Executives established by or under Transport Act 1947 (c. 49), s. 5, mentioned in s. 17(1) now exercisable by British Railways Board: Transport Act 1962 (c. 46), Sch. 2 Pt. II para. 2

C12 S. 17(2) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

C13 S. 17(3)–(9) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

Marginal Citations

M13 1947 c. 49.

17 Notification to coast protection authority of coast protection work to be carried out by certain authorities. S

(1) Subsection (1) of section sixteen of this Act shall not apply to the carrying out of work—

(a) by a coast protection authority;

(b) by any body or person upon whom any powers or duties relating to the protection of land have been conferred or imposed by or under any enactment other than this Act;

(c) by a [F124 roads authority] for the protection of a [F124 road]

(d) by the British Transport Commission, or an Executive established by or under section five of the M39 Transport Act 1947, for the protection of a railway; or

(e) by a harbour authority.

(2) Work excluded from the operation of the last foregoing section by virtue only of paragraphs (b) to (e) of the last foregoing subsection shall not be carried out except in accordance with the following provisions of this section; and any body or person who contravenes the provisions of this subsection shall be guilty of an offence under this Act.

(3) Before carrying out any such work as aforesaid the body or person in question (in this section referred to as “the undertakers”) shall give to the coast protection authority in whose area the work is to be carried out, to any coast protection authority whose area adjoins that area, and to any river board or other drainage authority whose area comprises the whole or any part of that area, not less than twenty-eight days’ notice of their intention in that behalf, specifying the work to be carried out; and where notice is so given—

(a) the undertakers shall not carry out the work before the expiration of the notice; and

(b) if before the expiration of the notice any authority or board to whom the notice has been given serves notice of objection on the Minister and on the undertakers, the undertakers shall not (unless the objection is withdrawn) carry out the work except in accordance with any direction given under the following provisions of this section.

(4) Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the Minister and any other Minister being a Minister concerned, after affording to the undertakers and to the objectors and, if the objectors are not the coast protection authority in whose area the work is to be carried out, to that authority, an opportunity of being heard by a person appointed by the said Ministers for the purpose, shall determine the objection.

(5) Where an objection has been determined under the last foregoing subsection, the appropriate Minister shall either direct that the undertakers shall be at liberty to carry out the work (whether as specified in the notice given by them under subsection (3) of this section or subject to such modifications or conditions as the appropriate Minister may think fit, having regard to the determination of the objection as aforesaid) or shall direct the undertakers not to carry out the work.

(6) A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (2) of this section.

(7) Nothing in this section shall prevent any body or person from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them or him to be urgently necessary for the protection of any land; but where any work is so carried out, being work to which subsection (2) of this section applies, the undertakers shall, before or as soon as possible after the commencement of the work, give to the coast protection authority in whose area the work is carried out notice of the nature of the work.

(8) In this section the expression “the appropriate Minister” in relation to a notice of objection served under subsection (3) thereof,—

(a) if the undertakers are a body or person mentioned in paragraph (b) of subsection (1) of this section, means any Minister concerned with the exercise by that body or person of their or his functions under the relevant enactment;

(b) if the undertakers are a harbour authority for a harbour [F125 which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951], means [F126 the Minister of Agriculture, Fisheries and Food]; and

(c) in any other case, means the Minister of Transport;

and any question arising under paragraph (a) of this subsection shall be determined by the Treasury.

(9) For the purposes of subsection (4) of this section, a Minister shall be deemed to be a Minister concerned if he is the appropriate Minister or, in a case where the notice of objection wasserved by a [F127 river authority] or other drainage authority and the appropriate Minister is not [F126 the Minister of Agriculture, Fisheries and Food], if he is the appropriate Minister or [F126 the Minister of Agriculture, Fisheries and Food].

(10) In the application of this section to Scotland, paragraph (b) of the last but one foregoing subsection shall have effect as if for the words from “to which the Fishery Harbours Act” to the end of the paragraph there were substituted the words “principally used by the fishing industry [F128 or are a highway authority], means the Minister; and”

Extent Information

E7 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F124 Words in s. 17(1)(c) substituted (S.) by Roads (Scotland) Act 1984 (c. 54), s. 156(1), Sch. 9 para. 38(2).

F125 Words in s. 17(8)(b) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 65(2); S.I. 1992/1347, art. 2,Sch.

F126 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F127 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F128 Words inserted by S.I. 1955/1955 (1955 I, p. 1205)

Modifications etc. (not altering text)

C32 Powers of British Transport Commission and Executives established by or under Transport Act 1947 (c. 49), s. 5, mentioned in s. 17(1) now exercisable by British Railways Board: Transport Act 1962 (c. 46), Sch. 2 Pt. II para. 2

C33 S. 17(2) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

C34 S. 17(3)–(9) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

Marginal Citations

M39 1947 c. 49.

18 Prohibition of excavation etc., of materials on or under the seashore. E+W+S

(1) Subject to the provisions of this section, and notwithstanding anything contained in any other enactment, it shall be unlawful to excavate or remove any materials (other than minerals more than fifty feet below the surface) on, under or forming part of any portion of the seashore to which the provisions of this section are applied.

(2) The provisions of the last foregoing subsection shall not affect the excavation or removal of any materials by the [F41 Secretary of State] in the exercise of the powers conferred upon him by Part II of this Act, or the excavation or removal thereof by any other person in compliance with a notice served by that [F41 Secretary of State] under the said Part II.

(3) A coast protection authority may make an order applying the provisions of this section to any such portion of the seashore within their area or [F42 of the sea–shore lying to seaward of their area but within three nautical miles of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured,] as may be described in the order:

Provided that the order may, as respects the whole of that portion of the seashore or any such part thereof as may be specified in the order, except from the provisions of subsection (1) of this section the carrying out of operations of any such class as may be so specified, and any such exception may be either unconditional or subject to such conditions as may be specified in the order.

(4) An order under this section shall be made in accordance with the provisions of the Second Schedule to this Act, and, subject to the provisions of Part II of that Schedule as to interim orders, shall not have effect unless confirmed by the Minister as therein mentioned.

(5) The authority by whom an order has been made under subsection (3) of this section may grant to any person a licence, as respects any portion of the seashore described in the order, to do anything which would otherwise be a contravention of subsection (1) of this section, and any such licence may be granted subject to such conditions as the authority may determine:

Provided that a licence granted under this subsection shall not render lawful anything which would be unlawful if subsection (1) of this section had not been enacted.

(6) An order under subsection (3) of this section may provide that this subsection shall have effect as respects any part specified in the order of the area to which the order relates, being a part of the area with which any drainage authority so specified is particularly concerned; and where an order so provides, the coast protection authority shall consult with the drainage authority before granting a licence under the last foregoing subsection relating to land in that part of the area.

(7) Any person who, without such a licence as aforesaid, excavates or removes any materials in contravention of subsection (1) of this section, or fails to comply with any condition subject to which any such licence was granted, shall be guilty of an offence under this Act.

(8) It shall be the duty of a coast protection authority to enforce the provisions of this section as respects any portion of the seashore to which those provisions are applied by an order made by them.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(10) Notwithstanding the repeal of the M14 said Act of 1939 any order made, or deemed for the purposes of that Act to have been made, under section one of that Act, if in force immediately before the commencement of this Act, shall continue in force and have effect as if it had been made under this section by the appropriate coast protection authority and confirmed by the Minister in accordance with the provisions of the Second Schedule to this Act, or, if it is an interim order made by virtue of the proviso to subsection (1) of section one of the [said Act of 1939,] as if it had been made by the appropriate coast protection authority as an interim order in accordance with the provisions of Part II of the said Second Schedule; and any order continued in force as aforesaid may be amended or revoked accordingly.

In this subsection the expression “the appropriate coast protection authority” means the coast protection authority for the area which includes the portion of the seashore specified in the order continued in force, or, if that portion of the seashore includes the areas or parts of the areas of two or more coast protection authorities, means, as to so much of that portion of the seashore as falls within the area of any of the authorities, that authority.

(11) Nothing in this section shall be construed as authorising a coast protection authority in Scotland to institute proceedings for any offence under this Act.

Textual Amendments

F41 Words substituted by virtue of S.I. 1970/1681

F42 Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(1)

F43 S. 18(9) repealed by Statute Law Revision Act 1953 (c. 5)

Modifications etc. (not altering text)

C14 S. 18 excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(2)

S. 18(1) excluded by 1996 c. 61, s. 38, Sch. 10 para.4

C15 “the said Act of 1939” in s. 18(10) means Coast Protection Act 1939 (c. 39)

Marginal Citations

M14 1939 c. 39.

19 Provisions as to compensation. E+W+S

(1) Where on a claim being made under this section it is shown—

(a) that the value of an interest of any person in land has been depreciated, or that any person has suffered damage by being disturbed in his enjoyment of land, in consequence of the carrying out of coast protection work by a coast protection authority in the exercise of the powers conferred by this Part of this Act, or

(b) that the value of such an interest as aforesaid has been depreciated in consequence of the refusal of consent for which application has been made under section sixteen of this Act, or in consequence of the granting of such consent subject to conditions,

the coast protection authority shall pay to that person compensation equal to the amount of the depreciation or damage:

Provided that a person shall not be entitled to compensation under paragraph (a) of this subsection unless the act or omission causing the depreciation or disturbance would have been actionable at his suit if it had been done or omitted otherwise than in the exercise of statutory powers.

(2) A claim for compensation under this section shall be made to the coast protection authority within twelve months of the completion of the work, the refusal of consent, or the imposition of conditions, giving rise to the claim.

(3) Any dispute arising under this section shall be determined by arbitration.

(4) Where any interest in land is subject to a mortgage,—

(a) any compensation under this section which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;

(b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c) a mortgagee shall not be entitled to claim any such compensation in respect of his interest as such; and

(d) the compensation payable in respect of the interest subject to the mortgage shall be paid by the coast protection authority to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

(5) In this section the expression “interest” includes any estate in or right over land.

(6) In the application of this section to Scotland,—

(a) for references to a mortgage, to a mortgagee and to the first mortgagee there shall be substituted respectively references to a heritable security, to a creditor in a heritable security, and to the creditor whose heritable security has priority over any other heritable securities secured on the land; and

(b) any reference to land shall include a reference to salmon fishings.

20 Contributions towards expenses of coast protection. E+W

(1) Where the Minister undertakes to make, or makes, a grant under the next following section towards expenditure incurred under this Act by the council of a [F44 maritime district] in England F45 . . ., the council of the county within which the [F44 maritime district] is situated shall pay to the council of the [F44 maritime district] a contribution towards that expenditure of such amount and payable at such time as may be agreed between the two councils, or as, in default of agreement, may be determined by the Minister subject to the following provisions of this section.

(2) The amount determined by the Minister under the last foregoing subsection of a contribution towards any expenditure shall not without the consent of the county council—

(a) exceed the amount of the grant which the Minister has made, or has undertaken to make, under the next following section towards that expenditure, or

(b) be such that the amount of the contribution, together with the amount of any other contributions which, by virtue of any agreement or determination made under the last foregoing subsection, the county council have paid or have become liable to pay (whether to the same [F44 maritime district] council or to any other such council) in the same financial year, exceeds the product of a rate of [F46 ½p] in the pound levied over the whole county

[F47 in respect of the financial year ending on 31st March 1990, increased or decreased in proportion to the difference between–

(a)

the retail prices index for September of the financial year preceding that in which the contribution is payable and

(b)

the retail prices index for September 1989.]

Provided that in the case of a contribution determined by the Minister to be of a capital nature, paragraph (b) of this subsection shall apply as if the amount thereof were the amount so determined to be the annual amount which would have to be provided for the payment of principal and interest in respect of a loan made by the Public Works Loan Commissioners to the council and repayable by twenty equal annual instalments of principal and interest combined, being a loan of an amount equal to the actual amount of the contribution; and where this proviso has effect, then for the purposes of the said paragraph (b) (but not for any other purpose) the council shall be deemed to have become liable as aforesaid to pay, in each of the next nineteen financial years, a contribution of the amount determined as aforesaid.

(3) So much of any contribution as is agreed between the county council and the [F44 maritime district] council to be attributable to the protection of any highway for which the council was the highway authority when the relevant expenditure was incurred, or in default of such agreement so much thereof as is determined jointly by the Minister and the [F48 Secretary of State] to be so attributable, shall be disregarded for the purposes of the last foregoing subsection.

(4) The council of a county in England F49 . . . may pay such contributions as they think fit towards any expenses incurred by any person other than the council of a [F44 maritime district] within the county in respect of coast protection work carried out within the county or appearing to the council to be work for the protection of any land in the county.

(5) The council of a [F44 maritime district] in England [F50 , the council of a county or county borough in Wales] or the council of a [F51 district] in Scotland, not being a coast protection authority or a constituent authority of a coast protection board, may if they think fit defray, or contribute towards, the cost of carrying out any coast protection work which appears to the council to be necessary or expedient for the protection of any land in their area.

(6) A coast protection authority may defray, or contribute towards, the cost of carrying out any coast protection work, whether within or outside their area, which appears to the authority to be necessary or expedient for the protection of any land in their area.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Extent Information

E3 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F44 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 17(1)

F45 Words in s. 20(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(5), 66(8), Sch. 11 Pt. III para. 5(2)(a), Sch.18; S.I. 1996/396, art. 4, Sch.2

F46 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F47 Words in s. 20(2)(b) added (21.8.1991) by S.I. 1991/1730, art. 2(2), Sch. 2, Pt. I

F48 Words substituted by virtue of S.I. 1970/1681

F49 Words in s. 20(4) repealed (1.4.1996) by 1994 c. 19, ss. 22(5), 66(8), Sch. 11 Pt. III para. 5(2)(b), Sch.18; S.I. 1996/396, art. 4, Sch.2

F50 Words in s. 20(5) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(2)(c); S.I. 1996/396, art. 3, Sch.1

F51 Word substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(b)

F52 S. 20(7) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

20 Contributions towards expenses of coast protection. S

(1) Where the Minister undertakes to make, or makes, a grant under the next following section towards expenditure incurred under this Act by the council of a [F129 maritime district] in England F130 . . ., the council of the county within which the [F129 maritime district] is situated shall pay to the council of the [F129 maritime district] a contribution towards that expenditure of such amount and payable at such time as may be agreed between the two councils, or as, in default of agreement, may be determined by the Minister subject to the following provisions of this section.

(2) The amount determined by the Minister under the last foregoing subsection of a contribution towards any expenditure shall not without the consent of the county council—

(a) exceed the amount of the grant which the Minister has made, or has undertaken to make, under the next following section towards that expenditure, or

(b) be such that the amount of the contribution, together with the amount of any other contributions which, by virtue of any agreement or determination made under the last foregoing subsection, the county council have paid or have become liable to pay (whether to the same [F129 maritime district] council or to any other such council) in the same financial year, exceeds the product of a rate of [F131 ½p] in the pound levied over the whole county

[F132 in respect of the financial year ending on 31st March 1990, increased or decreased in proportion to the difference between–

(a)

the retail prices index for September of the financial year preceding that in which the contribution is payable and

(b)

the retail prices index for September 1989.]

Provided that in the case of a contribution determined by the Minister to be of a capital nature, paragraph (b) of this subsection shall apply as if the amount thereof were the amount so determined to be the annual amount which would have to be provided for the payment of principal and interest in respect of a loan made by the Public Works Loan Commissioners to the council and repayable by twenty equal annual instalments of principal and interest combined, being a loan of an amount equal to the actual amount of the contribution; and where this proviso has effect, then for the purposes of the said paragraph (b) (but not for any other purpose) the council shall be deemed to have become liable as aforesaid to pay, in each of the next nineteen financial years, a contribution of the amount determined as aforesaid.

(3) So much of any contribution as is agreed between the county council and the [F129 maritime district] council to be attributable to the protection of any [F133 roads] for which the council was the [F133 roads authority] when the relevant expenditure was incurred, or in default of such agreement so much thereof as is determined jointly by the Minister and the [F134 Secretary of State] to be so attributable, shall be disregarded for the purposes of the last foregoing subsection.

(4) The council of a county in England F135 . . . may pay such contributions as they think fit towards any expenses incurred by any person other than the council of a [F129 maritime district] within the county in respect of coast protection work carried out within the county or appearing to the council to be work for the protection of any land in the county.

(5) The council of a [F129 maritime district] in England [F136 , the council of a county or county borough in Wales]. . ., not being a coast protection authority or a constituent authority of a coast protection board, may if they think fit defray, or contribute towards, the cost of carrying out any coast protection work which appears to the council to be necessary or expedient for the protection of any land in their area.

(6) A coast protection authority may defray, or contribute towards, the cost of carrying out any coast protection work, whether within or outside their area, which appears to the authority to be necessary or expedient for the protection of any land in their area.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

Extent Information

E8 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F129 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 17(1)

F130 Words in s. 20(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(5), 66(8), Sch. 11 Pt. III para. 5(2)(a), Sch.18; S.I. 1996/396, art. 4, Sch.2

F131 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F132 Words in s. 20(2)(b) added (21.8.1991) by S.I. 1991/1730, art. 2(2), Sch. 2, Pt. I

F133 Words in s. 20(3) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(3)

F134 Words substituted by virtue of S.I. 1970/1681

F135 Words in s. 20(4) repealed (1.4.1996) by 1994 c. 19, ss.22(5), 66(8), Sch. 11 Pt. III para. 5(2)(b), Sch.18; S.I. 1996/396, art. 4, Sch.2

F136 Words in s. 20(5) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(2)(c); S.I. 1996/396, art. 3, Sch.1

F137 S. 20(7) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

21 Exchequer grants. E+W+S

(1) Subject to such conditions as the Treasury may determine, the Minister may make grants towards any expenditure—

(a) incurred under this Act by a coast protection authority; or

(b) incurred by the council of a county [F53 or county borough] in the carrying out of coast protection work under the enactments relating to highways; or

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(3) In the application of this section to Scotland—

(a) in paragraph (b) of subsection (1) of this section for the words “incurred by the council of a county” there shall be substituted the words “incurred by a local [F56 roads authority” and for the word “highways” there shall be substituted the word “roads”]; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F53 Words in s. 21(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(3); S.I. 1996/396, art. 3, Sch.1

F54 S. 21(1)(c) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F55 S. 21(2) repealed by Southern Water Authority Act 1980 (c.xxxviii), s. 18(1), Sch. 1 Pt. I

F56 Words substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(4)

F57 S. 21(3)(b) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C16 S. 21(1) applied (E.W.) (2.2.1991) by S.I. 1991/205, art. 3(1)

22 Power to use for incidental purposes land acquired for coast protection. E+W+S

(1) The provisions of the [F58 M15 Local Government Act 1972], as to the disposal and appropriation of land by a local authority, and those provisions as applied by order under section two of this Act, shall have effect in relation to land acquired by a coast protection authority, whether by agreement or compulsorily, being land falling within paragraph (b) of subsection (3) of section four of this Act, as the said provisions have effect in relation to land of a local authority which is not required for the purpose for which it was acquired or is being used.

(2) It is hereby declared that any power of the council of a . . . F59 district in England [F60 , the council of a county or county borough in Wales], or [F61 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland, under any other enactment to provide concert halls, entertainment rooms, reading rooms, pavilions, restaurants or other places for the provision of meals or refreshments, bandstands, public conveniences or other buildings on land belonging or let to them, to lay out public parks, pleasure grounds or recreation grounds on such land, or to adapt or use land for any other public purpose, shall be exercisable in relation to any land acquired by them under this Part of this Act for the purpose of carrying out thereon any coast protection work, notwithstanding that the land continues to be required for that purpose or for works constructed in the course of carrying out the work; but the said power shall not be exercised so as to interfere with the use of the land for the said purpose, or with the maintenance or repair of such works, so long as it is required for the said purpose or so long as such works are required to be maintained.

(3) In the application of this section to Scotland, subsection (1) shall have effect as if for the reference to the [F58 M16 Local Government Act 1972], there were substituted a reference to the [F62 M17 Local Government (Scotland) Act 1973], and as if the words “and those provisions as applied by order under section two of this Act” were omitted.

Textual Amendments

F58 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F59 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F60 Words in s. 22(2) substituted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(4); S.I. 1996/396, art. 3, Sch.1

F61 Words in s. 22(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(4); S.I. 1996/323, art.4(1)(c)

F62 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(c)(ii)

Marginal Citations

M15 1972 c. 70.

M16 1972 c. 70.

M17 1973 c. 65.

23 Power of coast protection authority to sell materials. E+W+S

(1) A coast protection authority may sell any materials which have been severed by them from any land when carrying out work in the exercise of powers conferred by this Part of this Act and which are not before the expiration of fourteen days from the date of their severance claimed by the person to whom they belong.

(2) Where a coast protection authority sell any materials under this section, they shall pay the proceeds to the person to whom the materials belonged.

24 Provisions as to arbitrations. E+W+S

(1) In arbitrations as to any question which under this Part of this Act is expressly required to be determined by arbitration, the reference shall be to the Lands Tribunal.

(2) Rules 2 to 4 of the Rules set out in [F63 section five of the M18 Land Compensation Act 1961] (which provides rules for valuation on a compulsory acquisition) shall apply for the purposes of any such arbitration.

(3) For the purposes of any such arbitration, [F63 section four of the said Act of 1961] (which relates to costs) shall have effect with the substitution for the references to the acquiring authority of references to the coast protection authority.

(4) This section shall apply to Scotland with the substitution for the words “the Lands Tribunal” in subsection (1) thereof of the words “the Lands Tribunal for Scotland”:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F63 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F64 S. 24(4) proviso spent

Marginal Citations

M18 1961 c. 33.

25 Powers of entry and inspection. E+W+S

(1) Subject to the provisions of this section, any person authorised by a coast protection authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—

(a) to enter upon any land on which a power to carry out work is conferred on the authority by the provisions of this Act other than section four thereof;

(b) to enter upon any land to which entry is reasonably necessary in order to obtain access to any land on which a power to carry out work is conferred on the authority by any of the provisions of this Act;

(c) for the purpose of determining whether, and if so in what manner, any functions of the authority under this Act are to be exercised, or whether any provision of any enactment (including this Act) relating to such functions or any notice, order, direction or byelaw served, given or made under any such enactment is being or has been complied with, to enter upon any land and inspect or survey the land;

(d) without prejudice to the generality of the last foregoing paragraph, to enter upon any land in order to estimate, for the purposes of this Part of this Act, the amount of any compensation payable thereunder or the value of any interest in the land.

(2) Section nineteen of this Act shall apply to depreciation and disturbance caused by the exercise of the powers conferred by paragraphs (a) and (b) of the last foregoing subsection as it applies to depreciation and disturbance arising as mentioned in the said section nineteen.

(3) Admission to any land used for residential purposes shall not be demanded as of right under this section unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(4) If it is shown to the satisfaction of a justice of the peace, or in Scotland a justice of the peace or the sheriff, on sworn information in writing—

(a) that admission to any land which any person is entitled to enter under this section has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency; and

(b) that there is reasonable ground for entry on the land for the purpose for which entry is required,

the justice or sheriff may by warrant under his hand authorise that person to enter on the land, if need be by force:

Provided that such a warrant shall not be issued, unless the justice or sheriff is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the land is unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency.

(5) Any person entitled to enter upon any land by virtue of any right of entry under this section may take with him such other persons as may be necessary, and on leaving any unoccupied land which he has entered by virtue of such right shall leave it as effectually secured as he found it.

(6) Any power of entry conferred by paragraph (a) or (b) of subsection (1) of this section shall include power to authorise the entry or passage of such persons, vehicles, plant and materials as may be necessary, and to authorise the carrying out of work for facilitating their passage.

(7) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(8) Any person who wilfully obstructs a person exercising a right conferred by or under this section shall be guilty of an offence under this Act.

(9) If—

(a) any person who in compliance with the provisions of this Act or of a warrant issued thereunder is admitted into a factory or workplace discloses, otherwise than in the performance of his duty, to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or

(b) any member or officer of a coast protection authority to whom by reason of his official position any information obtained as aforesaid is disclosed, discloses, otherwise than in the performance of his duty, that information to any person;

he shall be liable on summary conviction to a fine not exceeding [F65 level 3 on the standard scale] or to imprisonment for a term not exceeding three months.

Textual Amendments

F65 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G

26 Power of coast protection authorities to require information as to ownership of land. E+W+S

(1) A coast protection authority may, for the purpose of enabling them to perform any of their functions under this Part of this Act, require the occupier of any land, and any person who either directly or indirectly receives rent in respect of any land, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, owner, creditor in a heritable security, lessee or otherwise.

(2) Any person who having been required by a coast protection authority in pursuance of this section to give to them any information fails to give that information or knowingly makes any misstatement in respect thereof shall be liable on summary conviction to a fine not exceeding [F66 level 1 on the standard scale].

Textual Amendments

F66 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G

27 Acquisition by coast protection authority of right of passage for facilitating coast protection work. E+W+S

(1) Where, for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, it appears to a coast protection authority necessary to obtain a right of passage over other land, the authority may, by agreement or compulsorily, secure the creation of such a right in their favour either in perpetuity or for such term (whether fixed or determinable by notice) as they consider requisite.

(2) In this section the expression “right of passage” means a right of passage for persons, vehicles, plant and materials, and includes a right to carry out work for facilitating their passage.

(3) The provisions of the Lands Clauses Acts as to the acquisition of land by agreement or compulsorily, the provisions of the [F67 M19 Land Compensation Act 1961], the [F68 Acquisition of Land Act 1981], and the M20 Lands Tribunal Act 1949, and the provisions of this Act relating to the acquisition of land, shall with such adaptations, exceptions and modifications as may be prescribed by regulations made by the Minister apply to securing the creation of such rights as aforesaid as they apply to the acquisition of land.

(4) Without prejudice to the generality of the last foregoing subsection, regulations thereunder may provide—

(a) in the case of rights created for a term, for the payment of compensation either in one sum or periodically, or partly in one way and partly in the other;

(b) for authorising or requiring the coast protection authority to carry out such measures for reinstating the land as may be specified by or under the regulations, and for adjusting compensation accordingly.

(5) A coast protection authority may acquire by agreement, whether by way of purchase, feu, lease or exchange, any land required by them for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, or may purchase any land required by them as aforesaid compulsorily in accordance with the provisions of subsection (1) of section fourteen of this Act.

(6) In the application of this section to Scotland, for any reference to the [F68 Acquisition of Land Act 1981], there shall be substituted a reference to the M21 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Textual Amendments

F67 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F68 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 1 Table

Marginal Citations

M19 1961 c. 33.

M20 1949 c. 42.

M21 1947 c. 42.

28 Power of Minister to facilitate coast protection work. E+W+S

(1) Where a person, not being a coast protection authority, desires to carry out any coast protection work in accordance with a works scheme or with a notice served under section twelve of this Act, and the work cannot be carried out by reason of any convenant or other restriction affecting his power to carry out the work, or of the objection, absence or disability of any person whose land it is reasonably necessary to enter for the purpose of carrying it out or across whose land it is reasonably necessary, in order to obtain access to the land on which it is to be carried out, to exercise the like rights as can be created in favour of a coast protection authority under the last foregoing section he may apply to the Minister for an order under this section authorising him to carry out the work or to exercise such rights, as the case may be.

(2) Where a coast protection authority desire to carry out any coast protection work on land belonging to the authority, and the work is work which they are empowered to carry out by section four of this Act but are prevented from carrying out by reason of any covenant or other restriction affecting their enjoyment of the land, the authority may apply to the Minister for an order under this section authorising them to carry out the work.

(3) An application under this section shall contain particulars of the proposed work and of any land required to be entered or across which the rights in question are required to be exercised and any such further particulars as the Minister may in any particular case require; and the applicant shall serve notice of the application on any person known to him to be entitled to enforce any such covenant or restriction as aforesaid, and, in the case of an application under subsection (1) of this section, on the occupier of any land required to be entered or across which the rights in question are required to be exercised and on any other person by reason of whose objection the application is made.

(4) Any person on whom notice of an application is served under this section, may, within four weeks after the service thereof, serve notice of objection on the applicant and on the Minister; and where such notice of objection is served and not withdrawn, the Minister shall give to the objector and the applicant an opportunity of being heard by a person appointed by him for the purpose.

(5) At any time after the Minister is satisfied that the time for serving notice of objection to an application under this section has expired and that every objector has had an opportunity of being heard as aforesaid, he may, after considering the report of any person appointed by him to hear objections, make an order authorising the applicant to carry out the work or enter on the land or exercise the said rights, as the case may be, subject to such conditions, if any, as may be specified in the order; and any such order may require the applicant to pay to any person affected such compensation as may be provided for in the order.

29 Default powers of Minister. E+W+S

(1) If complaint is made to the Minister that a coast protection authority have failed to take sufficient measures for the protection of any land in their area, or he is of the opinion that an investigation should be made into the need for any such measures or the sufficiency of any measures so taken, he may cause a local inquiry to be held into the matter.

(2) If after a local inquiry has been held under this section the Minister is satisfied that there has been such a failure on the part of a coast protection authority, he may make an order declaring them to be in default and directing them to exercise such of their powers under this Act as may be specified in the order in such manner and within such time as may be so specified.

(3)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

F69 S. 29(3)—(6) repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F70 S. 29(7) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

30 Transfer and compensation of officers, and superannuation rights. E+W+S

(1) An order constituting or dissolving a coast protection board . . . F71 , shall make such provision (if any) as the Minister may require as to the transfer, compensation and pension rights of officers and servants of the authorities concerned.

(2) References in the last foregoing subsection to an order constituting a coast protection board . . . F71 shall be construed . . . F71 as including references to an order . . . F71 varying the constitution of such a board . . . F71

(3) In this section the expression “the authorities concerned” means—

(a) in relation to an order constituting a coast protection board . . . F71 , the constituent or appointing authorities;

(b) in relation to an order . . . F71 varying the constitution of such a board . . . F71 , the board . . . F71 , the constituent or appointing authorities, and any authority which on the variation taking effect will be one of the constituent or appointing authorities;

(c) in relation to an order . . . F71 dissolving such a board . . . F71 , the board . . . F71 and the constituent or appointing authorities;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

[F73 (4) This section shall not apply to Scotland.]

Textual Amendments

F71 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F72 S. 30(3)(d) repealed by Local Government Act 1972 (c. 70), Sch. 30

F73 S. 30(4) added by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(d)

31 Repeal or amendment of local Acts. E+W+S

(1) If it appears to the Minister that any provision of a local Act in force at the commencement of this Act is inconsistent with any of the provisions of this Part of this Act, or is no longer required, or requires to be amended, having regard to the powers and duties conferred and imposed by this Part, he may by order repeal or amend that provision as he may consider appropriate; and any order under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister expedient for the purposes of the order.

(2) The provisions of the First Schedule to this Act shall apply to orders made under this section:

Provided that the provisions of Part II of that Schedule shall not apply so as to make an order under this section subject to special parliamentary procedure by reason of any objection thereto if—

(a) the order, or so much of the order as is the subject of the objection, relates only to the constitution or functions of any sea defence commissioners, or provides for the dissolution of any such commissioners; and

(b) the order is made on the application of the commissioners, or on the application of a coast protection authority with the concurrence of the commissioners.

(3) Any order under this section made after the expiration of two years from the passing of this Act shall be subject to special parliamentary procedure.

(4) The power to make orders conferred by this section shall be exercisable by statutory instrument.

32 Application to the Crown. E+W+S

(1) Subject to the provisions of this section, this Part of this Act shall be binding on the Crown and shall apply in relation to any Crown land as it applies in relation to any other land.

(2) Except with the consent of the appropriate authority, no interest in Crown land shall be acquired by compulsory purchase under this Part of this Act.

(3) Except with the consent of the appropriate authority, nothing in this Part of this Act shall operate so as to require the Crown or that authority to pay any coast protection charge in respect of any land, or authorise any person to enter upon any Crown land.

(4) An order under section eighteen of this Act shall not bind the Crown if the order has effect without being confirmed by the Minister.

(5) In this section the expression “Crown land” means land an interest in which belongs to His Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or land an interest in which belongs to a government department or is held in trust for His Majesty for the purposes of a government department; and the expression “the appropriate authority” in relation to any land means—

(a) in the case of land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands or other government department having the management of that land;

(b) in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; and

(d) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the Minister in charge of that department;

and, if any question arises as to the authority which is the appropriate authority in relation to any land, the question shall be determined by the Treasury.

33 Provisions as to land belonging to ecclesiastical corporations. E+W+S

(1) Where under the foregoing provisions of this Part of this Act any coast protection charge or instalment of such a charge, or any cost recoverable under subsection (1) of section thirteen of this Act, is payable or recoverable in respect of land belonging to an ecclesiastical operation, the Church Commissioners may—

(a) apply any moneys or securities held by them for the corporation in discharging the whole or any part of the sums payable or recoverable;

(b) if the land belongs to a benefice, make grants out of their corporate funds in or towards the discharge of any such sum, [F74 or make a loan in or towards the discharge thereof as if the discharge thereof were included in the purposes for which such a loan can be made under the provisions of the M22 Clergy Residences Repair Act 1776, and the Acts or Measures amending that Act.]

(2) In this section the expression “ecclesiastical corporation” means any ecclesiastical corporation within the meaning of the M23 Episcopal and Capitular Estates Act 1851, and includes the incumbent of a benefice; and the expression “benefice” has the meaning assigned to it by section forty-seven of the Tithe M24 Act 1936.

Textual Amendments

F74 Words repealed (1.4.1978) by Endowments and Glebe Measure 1976 (No. 4), s. 49(2), Sch. 8

Marginal Citations

M22 1776 c. 53.

M23 1851 c. 104.

M24 1936 c. 43.

Part II E+W+S Provisions for Safety of Navigation

Modifications etc. (not altering text)

C17 Pt. II, except s. 34(1)(b) extended by Continental Shelf Act 1964 (c. 29), s. 4(1) to any part of the sea bed in an area of designated under s. 1(7) of that Act

34 Restriction of works detrimental to navigation. E+W+S

(1) Subject to the provisions of the next following section, no person shall without the consent in writing of the [F75 Board of Trade] carry out any of the following operations, that is to say,—

(a) construct, alter or improve any works on, under or over any part of the seashore lying below [F76 the level of mean high water springs],

(b) deposit any object or any materials on any such part of the seashore as aforesaid, or

(c) remove any object or any materials from any part of the seashore lying below [F77 the level of mean low water springs],

[F78 if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation.]

(2) The said [F75 Board of Trade] may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars of the proposed operation as he may consider necessary; and on receipt of any such application [F75 they] may cause notice of the application, and of the time within which and the manner in which objections thereto may be made, to be published in such manner as [F75 they] may consider appropriate for informing persons affected thereby, and, before granting [F75 their] consent, may, if [F75 they think] fit, direct a local inquiry to be held.

(3) If the [F75 Board of Trade are] of opinion that any operation in respect of which application is made to [F75 them] under this section will cause or is likely to result in obstruction or danger to navigation, [F75 they] shall either refuse [F75 their] consent or give [F75 their] consent subject to such conditions as [F75 they] may think fit, having regard to the nature and extent of the obstruction or danger which it appears to [F75 them] would otherwise be caused or be likely to result.

[F79 (3A) Any reference in subsection (1) or (3) above to an operation being likely to result in obstruction or danger to navigation shall, in the case of an operation falling within subsection (1)(a) above, be construed as including a reference to its being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.]

(4) A consent of the [F75 Board of Trade] under this subsection may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent; and any renewal of such a consent may be limited in the like manner.

[F80 (4A) Any condition subject to which the Secretary of State has given his consent for an operation falling within subsection (1)(a) of this section—

(a) shall (subject to paragraph (d) below) either remain in force for a specified period or remain in force without limit of time;

(b) shall (in addition to binding the person to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question;

(c) may, if the condition relates—

(i) to the provision of any lights, signals or other aids to navigation, or

(ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,

be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and

(d) may, if the Secretary of State thinks fit, be revoked by him.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

F75 Words substituted by virtue of S.I. 1965/145. Powers of Board of Trade exercisable concurrently by Secretary of State: S.I. 1970/1537

F76 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(a), Sch. 8 para. 1

F77 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(c), Sch. 8 para. 1

F78 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(c), Sch. 8 para. 1

F79 S. 34(3A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(3), Sch. 8 para. 1

F80 S. 34(4A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(4), Sch. 8 para. 1

F81 S. 34(5) repealed by Statute Law Revision Act 1953 (c. 5)

Modifications etc. (not altering text)

C18 S. 34 power to exclude s. 34 conferred by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 37(1), Sch. 8 para. 1

C19 S. 34 saved (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s. 61(1)(e)

C20 S. 34(1) excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(3)

S. 34(1) excluded by 1996 c. 61, s. 38, Sch. 10 para.4

C21 S. 34(1) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C22 S. 34(2)(3) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C23 S. 34(4) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

35 Operations excepted from s. 34. E+W+S

(1) The following operations shall be excepted from the restriction imposed by subsection (1) of the last foregoing section, that is to say—

(a) anything done on, under or over a part of the seashore lying within any area closed by a lock or other artificial means against the regular action of the tide;

(b) the carrying out of any coast protection work approved by the Minister as mentioned in the next following subsection;

(c) the carrying out of any dredging operations (including the deposit of dredged materials) authorised by any local Act in accordance with the provisions thereof;

(d) the construction, alteration or improvement of any works more than fifty feet below the surface in connection with the getting of minerals;

(e) any work to which the consent of the [F82 Secretary of State], either alone or jointly with any other government department, is required by virtue of any local Act, or by virtue of such Act and any notice given and published by the [F82 Secretary of State] under section nine of the M25 Harbours Transfer Act 1862;

(f) any work which a conservancy authority or a harbour authority or a navigation authority is empowered to carry out for the removal of any vessel sunk or stranded or of anything causing or likely to cause obstruction or danger to navigation;

(g) any work carried out by, or in accordance with a licence or permission granted by, such an authority in pursuance of any Act, where—

(i) the Act requires that if the approval of the [F83 Board of Trade] is not previously obtained to the work other conditions must be complied with, and

(ii) the said approval has been so obtained or the said conditions are complied with.

[F84 (h) any operations authorised by an order under section 1 or 3 of the Transport and Works Act 1992.]

[F85 (i) any operations authorised by an order under section 14 or 16 of the Harbours Act 1964.]

(2) For the purposes of paragraph (b) of the last foregoing subsection, any coast protection work shall be deemed to have been approved by the Minister—

(a) if an objection to the proposal to carry out the work was determined under the provisions of Part I of this Act and the work does not contravene any directions given or modifications or conditions imposed by the Minister under those provisions, or if the work is carried out in accordance with a works scheme;

(b) if the Minister has made, or agreed to make, a grant under the said Part I towards expenditure incurred or to be incurred in carrying out the work or has consented to the borrowing of money by a coast protection authority for the purpose of defraying or contributing to expenditure so incurred or to be incurred.

Textual Amendments

F82 Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), s. 3(2)

F83 Words substituted by virtue of S.I. 1965/145. Powers of Board of Trade exercisable concurrently by Secretary of State: S.I. 1970/1537

F84 S. 35(1)(h) added (1.1.1993) by Transport and Works Act 1992 (c. 42), s.19; S.I. 1992/2784, art. 2(a), Sch. 1

F85 S. 35(1)(i) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(3); S.I. 1992/1347, art. 2, Sch.

Marginal Citations

M25 1862 c. 69.

36 Enforcement of s. 34. E+W+S

(1) Any person who—

(a) carries out any operation in contravention of the provisions of subsection (1) of section thirty-four of this Act, or

(b) fails to comply with any condition subject to which any consent of the [F86 Board of Trade] has been given under that section,

shall be guilty of an offence under this Act.

[F87 (1A) Where a person is bound by any condition subject to which any such consent has been given under that section but is not the person to whom the consent was given, then, for the purposes of subsection (1) of this section, he shall not be taken to have failed to comply with the condition unless—

(a) he has been served by the Secretary of State with a notice requiring him to comply with the condition within such period (not being less than thirty days) as may be specified in the notice; and

(b) he has failed to comply with the condition within that period]

(2) Without prejudice to any proceedings under [F88 subsection (1) of this section], where any person has constructed, altered or improved any works or deposited any object or materials on the seashore in contravention of the said section thirty-four or has failed to comply with any condition subject to which any consent of the [F86 Board of Trade] has been given under that section, the [F86 Board of Trade] may serve a notice on that person requiring him, within such period (not being less than thirty days) as may be specified in the notice, to remove the works or to make such alterations therein as may be so specified or to remove the object or materials, as the case may be, or, if it appears to the [F86 Board of Trade] urgently necessary so to do, may [F86 themselves] remove or alter the works or remove the object or materials.

(3) If within the period specified in any notice under the last foregoing subsection the person upon whom the notice is served fails to comply therewith, the [F86 Board of Trade] may [F86 themselves] remove or alter the works or remove the object or materials as specified in the notice.

(4) Where under either of the two last foregoing subsections the [F86 Board of Trade themselves remove or alter] any works or removes any object or materials, [F86 they] shall be entitled to recover the expense thereof, as certified by [F86 them] from the person [F89 on whom the notice was served under subsection (2) of this section or (if no such notice was served) from the person] by whom the works were constructed, altered or improved, or the object or materials was or were deposited.

(5) A harbour authority in England or Wales shall have power to enforce the provisions of section thirty-four of this Act.

Textual Amendments

F86 Words substituted by virtue of S.I. 1965/145. Powers of Board of Trade exercisable concurrently by Secretary of State: S.I. 1970/1537

F87 S. 36(1A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(a), Sch. 8 para. 1

F88 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(b), Sch. 8 para. 1

F89 Words inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(5)(c), Sch. 8 para. 1

Modifications etc. (not altering text)

C24 S. 36 saved (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s. 61(1)(e)

C25 S. 36(1)(b by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C26 S. 36(2)(3) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C27 S. 36(4) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

[F90 36A Imposition by Secretary of State of safety requirements in cases of emergency. E+W+S

(1) Where at any time after the Secretary of State has given his consent for an operation falling within section 34(1)(a) of this Act (“the relevant consent”), it appears to him—

(a) that any danger to navigation has arisen by reason of—

(i) any substantial damage to any works to which that consent relates, or

(ii) any other substantial and unforeseen change in the state or position of any such works, and

(b) that it is urgently necessary to do so in the interests of the safety of navigation,

he may, by notice served on the person to whom the consent was given, impose on that person such requirements as he thinks fit with respect to any of the matters referred to in subsection (2) below.

(2) Those matters are—

(a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and

(b) the stationing of guard ships in the vicinity of those works.

(3) Where the person on whom a notice is served under subsection (1) above fails to comply with any requirements of the notice within the period of 24 hours beginning with the time when it is served on him or as soon after the end of that period as is reasonably practicable, the Secretary of State may make such arrangements as he thinks fit for the purpose of securing that those requirements are implemented.

(4) Where under subsection (3) above the Secretary of State makes any such arrangements, he shall be entitled to recover the cost, as certified by him, of making those arrangements from such one or more of the following, namely—

(a) the person to whom the relevant consent was given, and

(b) any other person or persons who is or are, in accordance with section 34(4A)(b) of this Act, bound by any condition subject to which that consent was given,

as he thinks fit.

(5) Once the requirements of a notice under subsection (1) above have been complied with by the person on whom it was served, or implemented in accordance with arrangements made by the Secretary of State under subsection (3) above, those requirements shall, subject to subsection (6) below, be treated for the purposes of this Part of this Act as conditions subject to which the relevant consent was given.

(6) Section 34(4A) (a) and (d) of this Act shall not apply to any such requirements; but if it appears to the Secretary of State (whether on the application of any person or othewise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, he shall revoke them by notice served on the person to whom the relevant consent was given.

(7) Where the Secretary of State has served a notice under subsection (1) above in respect of any particular circumstances, subsection (5) above shall not preclude him from serving a further notice under subsection (1) in respect of those circumstances.

(8) A notice may be served by the Secretary of State under subsection (1) above whether or not—

(a) the operation in question has been completed, or

(b) any condition was imposed by him, on giving the relevant consent, with respect to any of the matters referred to in subsection (2) above.]

Textual Amendments

F90 S. 36(A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(6), Sch. 8 para. 1

Part III U.K.

37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91 U.K.

Textual Amendments

F91 S. 37—40 repealed by Crown Estate Act 1961 (c. 55), Sch. 3 Pt. I

Part IV U.K. Supplementary

41 Expenses. U.K.

(1) Save as expressly provided in this Act, any expenses incurred by the Minister or by the [F92 Secretary of State] or any other Minister or government department under this Act shall be defrayed out of moneys provided by Parliament.

(2) Any increase attributable to this Act in the sums payable out of moneys provided by Parliament under [F93 Part I of the M26 Local Government Act 1974 or Part I of the M27 Local Government (Scotland) Act 1966], shall be defrayed out of moneys so provided.

Textual Amendments

F92 Words substituted by virtue of S.I. 1970/1681

F93 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Marginal Citations

M26 1974 c. 7.

M27 1966 c. 51.

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94 U.K.

Textual Amendments

F94 S. 42 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

43 Penalties for offences. U.K.

Save as hereinbefore expressly provided, any person committing an offence under any provision of this Act shall be liable on summary conviction, in the case of a first offence under that provision, to a fine not exceeding [F95 ten pounds][F95 level 3 on the standard scale] and, in the case of a second or any subsequent offence thereunder, to a fine not exceeding [F95 fifty pounds][F95 level 3 on the standard scale].

Textual Amendments

F95 S. 43 for “ten pounds” and “fifty pounds” there is substituted (S.) in each case “level 3 on the standard scale” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

Modifications etc. (not altering text)

C28 S. 43 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C29 S. 43 S.I. 1984/703 (N.I.3), arts. 5 (substitution of references to levels on the standard scale) 6 (increase of fines) and 9 (in relation to liability on first and subsequent convictions) apply (N.I.)

44 Regulations and orders. U.K.

(1) Any power conferred on the Minister by this Act to make regulations shall be exercisable by statutory instrument; and every such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any power conferred by this Act on the Minister or on Ministers or on a coast protection authority to make an order or give any directions shall include a power, exercisable in the like manner and subject to the like conditions, to revoke or vary the order or directions.

Modifications etc. (not altering text)

C30 S. 44(2) applied (E.W.) (2.2.1991) by S.I. 1991/205, art. 3(2)

45 Service of notices and other documents. E+W

(1) Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a) by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b) in the case of the council of a county, [F96 county borough,] . . . F97 district [F98 or in Scotland the council of a region, islands area or district], or an incorporated company or body, [F99 including the National Rivers Authority and an internal drainage board, or a coast protection board], fishery board, local fisheries committee, conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c) in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2) The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M28 Acquisition of Land (Authorisation Procedure) Act 1946, or the M29 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a coast protection authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.

Extent Information

E4 This version of this provision extends to England and Wales only; a seperate version has been created for Scotland only.

Textual Amendments

F96 Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1

F97 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F98 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)

F99 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(6), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Marginal Citations

M28 1946 c. 49.

M29 1947 c. 42.

45 Service of notices and other documents. S+N.I.

(1) Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a) by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b) in the case of the council of a county, [F138 county borough,] . . . F139 district [F140 or in Scotland [F141 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]], or an incorporated company or body,or a coast protection board, river board or other drainage authority, fishery board, local fisheries committee, conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c) in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2) The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M40 Acquisition of Land (Authorisation Procedure) Act 1946, or the M41 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a coast protection authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.

Extent Information

E9 This version of this provision extends to Scotland and Northern Ireland only: a seperate version has been created for England and Wales only.

Textual Amendments

F138 Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1

F139 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F140 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)

F141 Words in s. 45(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(5); S.I. 1996/323, art.4(1)(c)

Marginal Citations

M40 1946 c. 49.

M41 1947 c. 42.

46 Local inquiries. U.K.

(1) The Minister or the [F100 Secretary of State] may cause a local inquiry to be held in any case where it appears to him to be advisable to do so in connection with any matter arising under this Act.

(2) Notice of any such inquiry shall be given in such manner as the Minister, or the [F100 Secretary of State], as the case may be, may direct, and all persons interested shall be permitted to attend the inquiry and to be heard thereat.

(3) The provisions of subsections (2) to (5) of [F101 section two hundred and fifty of the M30 Local Government Act 1972] (which relate to evidence at local inquiries and to defraying the costs thereof) shall apply to all inquiries held under this Act:

Provided that subsection (4) of that section (which requires the Minister’s costs of such an inquiry to be defrayed by the parties thereto) shall not apply in relation to any inquiry unless it is so directed by the Minister or Ministers at whose instance the inquiry is held.

(4) In the application of this section to Scotland, there shall be substituted for any reference to subsections (2) to (5) of [F101 section two hundred and fifty of the M31 Local Government Act 1972], a reference to [F102 subsection (2) and subsections (4) to (8) of section 210 of the M32 Local Government (Scotland) Act 1973], and the proviso to subsection (3) of this section shall be omitted.

(5) Any inquiry in relation to an order under this Act affecting Scotland only, and which becomes in certain circumstances subject to special parliamentary procedure, shall, if the Minister or the [F100 Secretary of State] so directs, be held by Commissioners under the M33 Private Legislation Procedure (Scotland) Act 1936, and where any direction is so given—

(a) it shall be deemed to have been given under section two, as read with section ten, of the M34 Statutory Orders (Special Procedure) Act 1945;

(b) if publication of notice in accordance with paragraph 1 of the First Schedule to this Act or paragraph 1 of the Second Schedule thereto, as the case may be, has been made, the provisions of subsection (1) of the aforesaid section two with regard to advertisement of notice shall be deemed to have been complied with; and

(c) the provisions of subsection (3) of this section shall not apply to such inquiry.

Textual Amendments

F100 Words substituted by virtue of S.I. 1970/1681

F101 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F102 Words substituted by Local Government (Scotland) Act 1973 (c. 65). s. 138(2)(f)

Modifications etc. (not altering text)

C31 S. 46 extended by Continental Shelf Act 1964 (c. 29), s. 4

Marginal Citations

M30 1972 c. 70.

M31 1972 c. 70.

M32 1973 c. 65.

M33 1936 c. 52.

M34 1945 c. 18 (9 & 10 Geo. 6).

47 Savings. U.K.

Nothing in this Act or in any order made thereunder shall—

(a) affect the powers conferred on the [F103 Secretary of State] under the M35 Dockyard Ports Regulation Act 1865;

(b) [F104 affect any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or any duty of any such operator under that code;]

[F105 (c) authorise or require any person—

(i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by a [F106 river authority] or other drainage authority, or

(ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by a [F106 river authority] or other drainage authority,

unless the [F106 river authority or other] authority consents or the work is to be done by, or under a scheme prepared by, a coast protection board on which the [F106 river authority or other] authority is represented and is to be carried out in the area of that coast protection board;]

[F105 (c) authorise or require any person—

(i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by the National Rivers Authority or an internal drainage board, or]

(ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by the National Rivers Authority or an internal drainage board,

unless the National Rivers Authority or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board on which the National Rivers Authority or the internal drainage board is represented and is to be carried out in the area of that coast protection board;

(d) authorise or require any person to carry out any work or do anything in contravention of the [F107 the Ancient Monuments and Archaeological Areas Act 1979]; or

(e) authorise or require any person to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed for the drainage of agricultural land in Scotland, unless the Secretary of State consents.

Textual Amendments

F103 Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), s. 3(2)

F104 S. 47(b) substituted by Telecommunications Act 1984 (c. 12, SIF 96), ss. 2, 109, 110(2), Sch. 4 para. 27

F105 S. 47(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F106 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F107 Words substituted by virtue of Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 64(2), Sch. 4 para. 2

Marginal Citations

M35 1865 c. 125.

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108 U.K.

Textual Amendments

F108 S. 48, Sch. 3 repealed by Statute Law Revision Act 1953 (c. 5)

49 Interpretation. E+W

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F109 “drainage authority” means the National Rivers Authority or an internal drainage board;]

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F110 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• “fishery board” means any such fishery board as is referred to in section forty-four of the M36 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• “local fisheries committee” means a committee constituted under the [F111 M37 Sea Fisheries Regulation Act 1966];

• “local highway authority” means a highway authority other than the [F112 Secretary of State];

• “maritime . . . F113 district” means a . . . F113 district [F114 or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F115 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F116 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

• subject to the provisions of [F118 subsections (2) and (2A) of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F118 subsections (2) and (2A) of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M38 Tweed Fisheries Act 1857;

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

[F119 (2A) For the purposes of Part II of this Act the expression “sea”includes any part of the sea within the seaward limits of the territorial sea of the United Kingdom, and the expression “seashore” shall be construed accordingly.]

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F120 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

Extent Information

E5 This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland only.

Textual Amendments

F109 Definitions in s. 49(1) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1, para. 6

F110 S. 49: Words in definition substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 25

F111 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F112 Words substituted by virtue of S.I. 1970/1681

F113 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F114 S. 49: Words in definition inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F115 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F116 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F117 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F118 S. 49(1) in the definitions of “sea” and “seashore” words substituted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(a), Sch. 8 para. 1

F119 S. 49(2A) inserted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(b), Sch. 8 para. 1

F120 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F121 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M36 1923 c. 16.

M37 1966 c. 38.

M38 1857 c. cxlviii.

49 Interpretation. S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “catchment board” and “drainage authority” have the same meanings as in the M42 Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F142 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• “fishery board” means any such fishery board as is referred to in section forty-four of the M43 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• “local fisheries committee” means a committee constituted under the [F143 M44 Sea Fisheries Regulation Act 1966];

• “local highway authority” means a highway authority other than the [F144 Secretary of State];

• “maritime . . . F145 district” means a . . . F145 district [F146 or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F147 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F148 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

• subject to the provisions of [F150 subsections (2) and (2A) of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F150 subsections (2) and (2A) of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M45 Tweed Fisheries Act 1857;

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

[F151 (2A) For the purposes of Part II of this Act the expression “sea”includes any part of the sea within the seaward limits of the territorial sea of the United Kingdom, and the expression “seashore” shall be construed accordingly.]

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F152 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

[F154 and the following definitions shall be inserted in the alphabetically appropriate place—

• “local roads authority” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;

• “road”has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;]

Extent Information

E10 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and for Northern Ireland only.

Textual Amendments

F142 S. 49(1): Words in definition substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 25

F143 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F144 Words substituted by virtue of S.I. 1970/1681

F145 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F146 S.49(1): Words in definition inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(6); S.I. 1996/396, art. 3 Sch.1

F147 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F148 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F149 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F150 S. 49(1) in the definitions of “sea” and “seashore” words substituted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(a), Sch. 8 para. 1

F151 S. 49(2A) inserted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(b), Sch. 8 para. 1

F152 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F153 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F154 S. 49(4) definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(5)

Marginal Citations

M42 1930 c. 44.

M43 1923 c. 16.

M44 1966 c. 38.

M45 1857 c. cxlviii.

49 Interpretation. N.I.

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “catchment board” and “drainage authority” have the same meanings as in the M46 Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F155 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• “fishery board” means any such fishery board as is referred to in section forty-four of the M47 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• “local fisheries committee” means a committee constituted under the [F156 M48 Sea Fisheries Regulation Act 1966];

• “local highway authority” means a highway authority other than the [F157 Secretary of State];

• “maritime . . . F158 district” means a . . . F158 district [F159 or Welsh county or county borough]any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F160 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F161 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162

• subject to the provisions of the next following subsection “sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of the next following subsection “seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M49 Tweed Fisheries Act 1857;

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F163 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

Extent Information

E11 This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and for Scotland only.

Textual Amendments

F155 Words in s. 49(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316, Sch. 13 para. 25

F156 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F157 Words substituted by virtue of S.I. 1970/1681

F158 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F159 Words in s. 49 inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art.3, Sch.

F160 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F161 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F162 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F163 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F164 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M46 1930 c. 44.

M47 1923 c. 16.

M48 1966 c. 38.

M49 1857 c. cxlviii.

50 Short title and extent. U.K.

(1) This Act may be cited as the Coast Protection Act 1949.

(2) Parts I and II of this Act shall not extend to Northern Ireland.