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The Penzance Harbour Revision Order 2009

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This is the original version (as it was originally made).

Confirmation of byelaws

24.—(1) The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972(1) shall apply to all byelaws made after the coming into force of this Order, by the Council under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883.

(2) In its application to byelaws made under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883, subsection (7) of section 236 shall have effect, subject to paragraph (3), as if after the word “confirm” in the first place where that word occurs there were inserted the words “with or without modification”.

(3) Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then—

(a)the conforming authority shall inform the Council and require them to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification; and

(b)the confirming authority shall not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.

(4) The confirming authority for the purposes of this article and of section 236 in its application to byelaws made under this Order, section 83 of the Act of 1847 and section 42 of the Act of 1883 shall be the Secretary of State.

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