Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - О ситуации на Украине и необходимости выполнения Минских договоренностей
There shall be a Council to be called the National Ports Council (hereafter in this Act referred to as " the Council") which shall be charged with the duty of formulating, and keeping under review, a national plan for the development of harbours in Great Britain and with the following duties, that is to say.— and shall have such other duties, and such powers, as are imposed and conferred on them by the following provisions of this Act.
formulating comprehensive plans for the improvement of existing, and the provision of new, harbours in Great Britain and of services and facilities provided at such harbours;
promoting the execution of such plans (so far as they are approved by the Minister);
encouraging harbour authorities in Great Britain to exercise and perform functions of theirs relating to harbours as efficiently as possible and assisting them in the exercise and performance of such functions; and
tendering to the Minister advice with respect to the taking of action calculated to secure the improvement, maintenance and management of harbours in Great Britain in an efficient and economical manner and the provision of adequate means of access to such harbours by road and rail;
In the discharge of the duties imposed on them by the foregoing subsection the Council shall seek consultation with such harbour authorities and other persons as appear to the Council to be directly concerned.
In subsection (1) of this section " harbour" does not include a fishery harbour within the meaning of section 21 of the Sea Fish Industry Act 1951 or a marine work.
The Council shall consist of a chairman appointed by the Minister, and such number of other members so appointed, not being less than seven nor more than eleven, as the Minister may from time to time determine.
The members of the Council shall be appointed from amongst persons appearing to the Minister to have wide experience of, and to have shown capacity in, the management of harbours, shipping, inland transport, industrial, commercial, financial or economic matters, applied science or the organisation of workers, to have wide experience as persons employed in doing work falling to be done in the course of the management of harbours or the carrying out of harbour operations and to have shown capacity as persons so employed, or to have, in some other respect (including, in particular, knowledge or experience of matters affecting the fishing industry), special knowledge or experience that would be of value to the Council in the exercise and performance of their functions.
The Minister shall appoint one of the members of the Council to act as deputy chairman.
The Council—
shall pay to their members such remuneration (whether by way of salary or fees) and such allowances as the Minister may, with the approval of the Treasury, determine; and
in the case of such members as the Minister may with the approval of the Treasury determine, shall pay such pensions or make such payments towards the provision of pensions to or in respect of those members as he may, with the like approval, determine in the case of those members respectively.
The Minister shall, as soon as possible after the passing of this Act, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable to the members of the Council under this section; and, if a subsequent determination by him under this section involves a departure from the terms of the said statement or if a determination by him under this section relates to the payment of, or to payments towards the provision of, a pension to or in respect of a member of the Council, the Minister shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.
The incidental provisions contained in Schedule 1 to this Act shall have effect with respect to the Council.
The Council may take such steps as appear to them to be practicable and desirable for the promotion of— either by themselves prosecuting research, training and education or by their promoting it by others, or in both of those ways.
research into matters affecting the management, construction and improvement of harbours and the carrying out of harbour operations ; and
the training and education (except to do, or in the doing of, work that usually falls to be done by dock workers) of persons employed or to be employed in doing work falling to be done in the course of the management of harbours or the carrying out of harbour operations;
It shall be the duty of the Council, if directed in writing by the Minister (after consultation with them) so to do, to promote research into any such matters affecting the management, construction or improvement of harbours or the carrying out of harbour operations as may be specified in the direction or, if so directed by him after such consultation so to do, to promote the training, of persons falling within subsection (1)(b) above of such class as may be so specified, to do, and their education in the doing of, work falling to be done in the course of the management of harbours or the carrying out of harbour operations, not being work that usually falls to be done by dock workers; and a duty imposed on the Council by virtue of this subsection may be discharged in manner corresponding to that in which their powers under the foregoing subsection may be exercised.
In the exercise of their powers under subsection (1) of this section and in the discharge of a duty imposed on them by virtue of subsection (2) of this section, the Council shall act in consultation with— as the Council think appropriate in the circumstances, and with any other person who appears to them to be concerned.
such harbour authorities and bodies appearing to the Council to be representative of harbour authorities;
such persons engaged in the carrying of goods or passengers in ships by sea and bodies appearing to the Council to be representative of persons so engaged; and
such persons and authorities engaged in education and research;
Where the Council promote research, or training and education, by others, they may give assistance (including financial assistance) therefor.
The Council may make, in or towards satisfaction of expenses incurred by them in promoting research into any matter at the instance or with the consent of any person or body, charges of such amounts as may be agreed between them and that person or body.
The Council may make charges in respect of training and education of persons undertaken by them in exercise of their powers under subsection (1) of this section or in discharge of a duty imposed on them by virtue of subsection (2) of this section; but shall not, in exercise of the power conferred by this subsection, exact a charge from a person in respect of his receiving any such training or education.
In this section " dock worker " has the meaning assigned to it by section 6 of the Dock Workers (Regulation of Employment) Act 1946.
It shall be the duty of the Council to impose on harbour authorities, by means of a scheme or schemes made by the Council and submitted to and confirmed by the Minister in accordance with the following provisions of this section, such charges as will enable them to meet any expenditure incurred, or to be incurred.— in so far as it cannot be met by revenue accruing to them in consequence of the exercise of powers conferred by other provisions of this Act.
in the exercise of their powers under subsection (1) of the last foregoing section or in the discharge of a duty imposed on them by virtue of subsection (2) of that section;
in the discharge of liabilities in respect of money borrowed by them;
in respect of remuneration or allowances to, or pensions to or in respect of, members of the Council; or
in respect of the administrative expenses of the Council;
A scheme under this section may be made so as to apply to all harbour authorities, to harbour authorities of a particular class or to particular harbour authorities.
A scheme under this section may—
if provision is thereby made for imposing charges on all harbour authorities, provide for the levying of charges of different amounts on harbour authorities of different classes, and if provision is thereby made for imposing charges on harbour authorities of a particular class, provide for the levying of charges of different amounts on harbour authorities of different sub-divisions of that class;
provide for imposing, as respects any period, a limit (of such amount as may be determined by or under the scheme) on the amount to be raised by the Council by means of charges under the scheme to meet expenditure incurred or to be incurred by them during that period in respect of all or any of the matters included in subsection (1) above ;
provide for requiring a harbour authority to whom the scheme relates to furnish to the Council such information as the Council may require for the purposes of the scheme, being information relating to any harbour which that harbour authority are engaged in improving, maintaining or managing, to any activities carried on by them at such a harbour or to any property used by them for the purposes of such a harbour, and for requiring the verification of any information furnished in pursuance of a requirement having effect by virtue of this paragraph;
make provision for any incidental or supplementary matters for which it appears to the Council requisite or expedient to make provision for the purposes of the scheme including, but without prejudice to the generality of the foregoing words, provision for imposing penalties in respect of a failure to comply with a requirement having effect by virtue of the last foregoing paragraph to furnish information, so however that no provision imposing such a penalty shall be so framed so as to permit of a person's being punished otherwise than on his summary conviction, or as to permit of the infliction on him of a penalty other than a fine, or of the infliction on him of a fine exceeding £50 or, in the case of a second or subsequent conviction, of a fine exceeding £200.
Immediately after they submit to the Minister a scheme made under this section for confirmation by him, the Council shall publish, in such manner as the Minister may approve, a notice stating that they have submitted the scheme to him and specifying a place where copies thereof may be obtained free of charge by harbour authorities affected by the scheme, and further stating that a harbour authority who desire to make to the Minister objection to the scheme should do so in writing before the expiration of such period from the date of the publication of the notice (not being less than forty-two days) as may be specified in the notice, and shall send a copy of the scheme to each harbour authority known to them whom they believe to be affected by the scheme.
The Minister shall consider any objections duly made to him with respect to a scheme submitted to him under the last foregoing subsection and may, if he thinks fit so to do, by order confirm the scheme either without modification or, after consultation with the Council, with such modifications as he thinks fit (but not including any that in any way increase the charges proposed in the scheme as submitted to him); and where he confirms it, it shall, as confirmed, come into force on such date as may be specified in the order.
The amount of a charge payable by a harbour authority under a scheme made under this section shall be a debt due by them to the Council.
A scheme made under this section may be revoked or varied by a subsequent scheme thereunder made, submitted and confirmed in like manner as the original scheme.
No charges shall be levied under a scheme made under this section on a harbour authority in respect of any period during which no harbour being improved, maintained or managed by them is other than a fishery harbour or marine work.
In this section "harbour authority" means a person engaged (whether or not in the exercise and performance of statutory powers and duties) in improving, maintaining or managing a harbour.
The Council may borrow temporarily, by way of overdraft or otherwise, such sums as they may require for exercising and performing their functions under this Act; but the aggregate of the amounts outstanding in respect of the principal of sums borrowed under this section shall not exceed such limit as the Minister may for the time being have imposed on the Council for the purposes of this section by a direction given to them in writing.
The Minister—
may, out of moneys provided by Parliament, make to the Council a grant equal to the whole or a proportion of the amount of any expenses incurred by them in consequence of their complying with a direction given to them under section 3(2) of this Act, being expenses which, in his opinion, ought not to fall to be defrayed or, as the case may be, to be wholly defrayed out of charges imposed under section 4 of this Act;
subject to the following subsection, with the approval of the Treasury may, out of moneys which, by virtue of the following provisions of this Act, are issued to him for the purpose out of the Consolidated Fund, lend to the Council any sums which they have power to borrow under the last foregoing section.
The aggregate of the amounts outstanding in respect of the principal of sums lent by virtue of the foregoing subsection shall not exceed £250,000.
The Council shall have power' to invest, in such manner as they think fit, any moneys of theirs which are not for the time being required for any other purpose.
The Council shall, as soon as possible after the end of each of their accounting periods, make a report to the Minister on the exercise and performance of their functions during that period.
The Council shall keep proper accounts and proper records in relation to the accounts and prepare in respect of each accounting period a statement of accounts in such form as the Minister, with the approval of the Treasury, may direct; and the accounts of the Council for each such period shall be audited by qualified auditors appointed by the Council with the approval of the Minister.
For the purposes of the last foregoing subsection, " qualified auditor" means a person who is a member, or a firm all of the partners wherein are members, of one or more of the following bodies, that is to say.— The Institute of Chartered Accountants in England and Wales; The Institute of Chartered Accountants of Scotland ; The Association of Certified and Corporate Accountants; The Institute of Chartered Accountants in Ireland ; Any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade.
There shall be attached to the said report for each accounting period a copy of the statement of accounts in respect of that period and a copy of any report made on the statement by the auditors.
It shall be the duty of the Council to furnish to the Minister any information required by him for the purposes of any of his functions under this Act which is in their possession or which it is within their power to obtain.
The Minister shall lay before each House of Parliament a copy of each report made to him under subsection (1) of this section, of the statement of accounts attached thereto and of any report made on that statement by the auditors.
The Council shall make available to the public at a reasonable price copies of, and make available for inspection at their offices a copy of, each report made under subsection (1) of this section to the Minister, the statement of accounts attached thereto and any report made on that statement by the auditors.
Subject to the provisions of this section, the Minister, with a view to securing the proper control in the national interest of schemes of harbour development that appear to him to involve expenditure of a capital nature, may by order prohibit, in such cases as may be defined in the order by reference to size, cost, relation to other projects, purpose or any other criterion appearing to him to be appropriate, all persons to whom this section applies, or all such persons of a particular class, or particular such persons, from undertaking, or securing the undertaking of, any of the following projects, that is to say— except under an authorisation in that behalf granted by the Minister.
the execution of works for the construction, reconstruction, improvement or repair of a harbour;
the execution of works for the construction, reconstruction, improvement or repair of buildings or structures, being buildings or structures required for use or used wholly or mainly for the purpose of harbour operations;
the acquisition or taking on hire of plant or equipment required for use in the execution of any such works as aforesaid or for use as mentioned in the last foregoing paragraph,
This section applies to persons engaged in, or proposing to become engaged in, the improvement, maintenance or management of a harbour, or the carrying out of harbour operations.
An authorisation under this section shall not be granted except upon written application in that behalf made to the Minister, and the Minister shall take any such application into consideration and may grant the authorisation either free from, or subject to, such conditions as he thinks fit, or he may refuse it.
The Minister may vary an authorisation granted by him under this section— and on varying any such authorisation the Minister shall give written notice thereof to the person to whom the authorisation was granted.
where the authorisation has effect without conditions, by attaching conditions thereto ;
where the authorisation has effect subject to conditions, by revoking or varying any of them or by attaching thereto further conditions;
A person undertaking, or securing the undertaking of, a project under an authorisation for the time being subject to any conditions having effect by virtue of subsection (3) or subsection (4) above shall comply with those conditions.
The Minister shall not grant, refuse or vary an authorisation under this section except after consultation with the Council; and the Council, in considering any proposed grant, refusal or variation which is the subject of such a consultation, shall themselves consult, in a case where the proposed grant, refusal or variation is of an authorisation relating to a project for whose undertaking the consent of the Iron and Steel Board is required under the Iron and Steel Act 1953, with that Board, and in any case, with such other persons, being persons appearing to the Council to be concerned, as the Council consider appropriate.
An order under subsection (1) above shall not so define a case by reference to cost as to prohibit a person from undertaking, or securing the undertaking of, a project without the authorisation of the Minister in a case where the project complies with the following conditions, that is to say, its cost does not exceed the sum of £500,000 and it does not form part of a larger project the cost of which exceeds that sum, or of a series of projects the cost of which, in the aggregate, exceeds that sum; and a person shall not, in a case defined in an order made under subsection (1) above otherwise than by reference to cost, be prohibited, by virtue of the order, from undertaking, or securing the undertaking of, a project without the authorisation of the Minister in a case where the project complies with the conditions aforesaid.
An order under subsection (1) above shall be so framed as, in the opinion of the Minister, to secure that there is exempted from any prohibition thereby imposed the undertaking, and the securing of the undertaking, of the execution of works of the nature of routine maintenance and works of the nature of routine repair.
An order under subsection (1) above may, for the purpose of subsection (7) above or any provision contained in the order defining a case by reference to the cost of a project, provide for the ascertainment of the cost of a project by reference to the actual or the estimated expenditure on the project, and that, in computing that cost, there shall be included a sum, ascertained in accordance with the provisions of the order, in respect of such other matters incidental to or consequential on that project as the order may provide, including, without prejudice to the generality of the foregoing provision, the value of any land acquired for, or appropriated to the purpose of, that project.
Subsection (1) above shall not have effect in relation to a project in so far as the project comprises—
the execution of works for the construction, reconstruction or repair of a dry dock; or
the execution of works for the construction, reconstruction or repair of buildings or structures, being buildings or structures required for use or used wholly or mainly for the purpose of the dry docking of a ship ; or
the acquisition or taking on hire of plant or equipment for use in a dry dock.
Nothing in an order under this section shall be taken to prohibit an internal drainage board (within the meaning of the Land Drainage Act 1930) a river board, a river authority, a river purification authority, a district board, an improvement committee, the Conservators of the River Thames or the Lee Conservancy Catchment Board from undertaking any project in the exercise of river works powers or the performance of river works duties.
The Minister may by order made under this subsection substitute for the sum of £500,000 mentioned in subsection (7) above such other sum as is specified in the order; but no order shall be made under this subsection unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
In this section "harbour" does not include a fishery harbour or marine work and " harbour operations " does not include operations carried out at a fishery harbour or marine work.
Any power conferred by this section to make an order shall include power to vary or revoke the order.
No criminal proceedings shall lie in respect of a contravention of a prohibition imposed under section 9 of this Act, or a contravention of, or failure to comply with, a condition to which an authorisation granted under that section is for the time being subject, but, without prejudice to the bringing of civil proceedings by the Attorney General in respect of a contravention, or an apprehended contravention, of, or a failure to comply with, any such prohibition or condition, any such prohibition or condition shall be enforceable by civil proceedings by the Minister for an injunction or for any other appropriate relief.
Where it appears to the Minister that the exercise of powers under this subsection is necessary for the enforcement by the Minister of any prohibition or condition having effect by virtue of section 9 of this Act, the Minister may authorise in writing such person as may be specified in the authorisation to exercise those powers in relation to any undertaking which is so specified and whose activities comprise the improving, maintaining or managing of a harbour or the carrying out of harbour operations; and thereupon that person shall have the right, on production, if so required, of a duly authenticated document showing his authority, to inspect at any reasonable hour, at the premises where they are kept, books, records and other documents relating to the undertaking, but not including any books, records or documents solely relating to activities other than the improving, maintaining and managing of a harbour or, as the case may be, the carrying out of harbour operations; and it shall be the duty of the person in charge of any premises where such books, records and documents are kept to produce them for inspection and to provide facilities at the premises for the taking of copies thereof and the making of extracts therefrom by the person carrying out the inspection.
If a person fails to comply with a duty imposed on him under the last foregoing subsection, or in any way obstructs the exercise of rights under that subsection, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £20.
In relation to proceedings in Scotland, subsection (1) of this section shall have effect with the substitution, for the words after " subject, but ", of the words " without prejudice to the bringing of any proceedings under section 91 of the Court of Session Act 1868 in respect of a contravention, or an apprehended contravention, of, or a failure to comply with, any such prohibition or condition, any such prohibition or condition shall be enforceable by civil proceedings by the Minister for an interdict or for any other appropriate remedy ".
Subject to the provisions of this section, the Minister, with the approval of the Treasury . . . may, out of moneys which, by virtue of the following provisions of this Act, are issued to him for the purpose out of the National Loans Fund, give to a harbour authority assistance by way of loan— provided that, in the case of assistance in respect of expenses incurred, he is satisfied that the expenses are such as ought properly to be regarded as being of a capital nature.
in respect of expenses incurred by them—
in executing, at a harbour which in the exercise and performance of statutory powers and duties they are engaged in improving, maintaining or managing, works for the improvement, maintenance or management of the harbour;
in acquiring plant or equipment required for the carrying out at the harbour of harbour operations;
in acquiring land required for the purposes of the harbour or an extension thereof;
to enable them to repay the whole or part of the principal of, or to pay the whole or part of a sum due by way of the payment of interest on, a loan made to them by virtue of the foregoing paragraph,
Assistance given under the foregoing subsection in respect of expenses incurred in the execution of any works may include a sum in respect of costs in, or in connection with, the preparation of plans and specifications of the works, reports with respect thereto and estimates of the expenses to be incurred for the purposes of the execution thereof and a sum in respect of the remuneration of any architect, engineer or other person employed in an advisory or supervisory capacity in connection with the execution of the works.
No assistance shall be given under subsection (1) of this section for the repayment of any such part of the principal of a loan as falls due for repayment more than five years from the date on which the loan was made or for the payment of interest on a loan for any period beginning more than five years from that date.
No assistance shall at any time be given under subsection (1) of this section by the Minister to a harbour authority in respect of expenses incurred by them in relation to a harbour or to enable them to repay the principal of, or to pay interest on, a loan unless at that time the harbour is neither a fishery harbour nor a marine work.
Subject to the provisions of this section, the Minister, with the approval of the Treasury and after consulting the Council, may, out of moneys provided by Parliament, give to a harbour authority assistance by way of grant—
in respect of expenses incurred by them such as are mentioned in paragraph (a) of section 11(1) of this Act;
to enable them to pay the whole or part of a sum due by way of payment of interest on a loan made to them by virtue of that paragraph.
Subsection (2) of the last foregoing section shall apply to assistance given under this section in respect of such expenses as are mentioned in that subsection.
No assistance shall be given under subsection (1) of this section for the payment of interest on a loan for any period beginning more than five years from the date on which the loan was made.
No assistance shall at any time be given under subsection (1) of this section by the Minister to a harbour authority in respect of expenses incurred by them in relation to a harbour or to enable them to pay interest on a loan unless at that time the harbour is neither a fishery harbour nor a marine work.
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No advance shall be made after the passing of this Act under section 17(1) of the Ministry of Transport Act 1919 by the Minister for the construction, improvement or maintenance of a harbour, dock or pier, and no advance or loan shall be made— ...
under section 3 of the Harbours and Passing Tolls, &c. Act 1861 ... by the Treasury for carrying any shipping purpose into effect at a harbour which is not for the time being a fishery harbour or marine work;
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Subject to the provisions of this section and to the following provisions of this Act, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, be made by the appropriate Minister an order (in this Act referred to as a “harbour revision order”) for achieving all or any of the objects specified in Schedule 2 to this Act.
Subsection (1) is subject to—
section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);
section 120(9) of that Act (exclusion of power to include ancillary provision in orders).
section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required);
section 63(8) of that Act (exclusion of power to include ancillary provision in orders).
Subject to the next following section, a harbour revision order shall not be made in relation to a harbour by the appropriate Minister—
except upon written application in that behalf made to him by the authority engaged in improving, maintaining or managing it or by a person appearing to him to have a substantial interest or body representative of persons appearing to him to have such an interest; and
unless the appropriate Minister is satisfied that the making of the order is desirable in the interests of securing the improvement, maintenance or management of the harbour in an efficient and economical manner or of facilitating the efficient and economic transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships.
A harbour revision order may include all such provisions as appear to the appropriate Minister to be requisite or expedient for rendering of full effect any other provision of the order and any supplementary, consequential or incidental provisions appearing to him to be requisite or expedient for the purposes of , or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing any statutory provision of local application affecting the harbour to which the order relates; but no penal provision of a harbour revision order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—
on his being summarily convicted, of the infliction on him of a penalty other than a fine or of —
in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975;
in the case of an offence triable only summarily, the infliction on him of a fine exceeding level 4 on the standard scale or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;
on his being convicted on indictment, of the infliction on him of a penalty other than a fine.
The objects for achieving all or any of which a harbour revision order may be made in relation to a harbour include repealing superseded, obsolete or otherwise unnecessary statutory provisions of local application affecting the harbour, or consolidating any statutory provisions of local application affecting the harbour; and subsection (2)(b) of this section does not apply to an order in so far as it is made for objects mentioned in this subsection.
In the case of a harbour revision order that provides for the establishment of a body as the harbour authority for the harbour to which the order relates in lieu of the existing one, references in paragraphs 2 to 17 of Schedule 2 to this Act to the authority (except in the case of the reference in paragraph 3 the references, other than the second, in paragraph 5 and the second reference in paragraph 11) shall be construed as referring to the body established by the order as the harbour authority, and in the said excepted case shall be construed as referring to the existing one.
Nothing in subsection (2)(b) of this section shall prevent the making of an order for facilitating— if the appropriate Minister is satisfied that the making of the order is desirable on grounds other than those specified in that subsection.
the closing of part of the harbour,
a reduction in the facilities available in the harbour, or
the disposal of property not required for the purposes of the harbour,
Where a harbour revision order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated.
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In this section and in Schedule 2 to this Act “the appropriate Minister”, in the case of an order to be made in relation to a harbour not being a fishery harbour or a marine work means the Minister, in the case of an order to be made in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of an order to be made in relation to a marine work means the Secretary of State.
Where two or more harbours are being improved, maintained or managed by the same harbour authority or by harbour authorities which are members of the same group, a harbour revision order may relate to more than one of the harbours; and for this purpose two authorities are members of the same group if one is a subsidiary (within the meaning of the Companies Acts (see section 1159 of the Companies Act 2006)) of the other or both are subsidiaries of another company (within the meaning of that section).
Where a harbour revision order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway, bridleway or restricted byway, there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.
If, with respect to a harbour, the appropriate Minister is satisfied, . . . that a harbour revision order ought to be made for the purpose of achieving, in relation to the harbour, either or both of the following objects, namely,— he may, if he is satisfied as mentioned in subsection (2)(b) of the last foregoing section, make the order despite the fact that no application to him for the making of it is forthcoming from the authority engaged in improving, maintaining or managing the harbour or from any such person or representative body as is mentioned in subsection (2)(a) of that section.
reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution; and
regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority;
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In this section “the appropriate Minister”, in relation to a harbour not being a fishery harbour or a marine work means the Minister, in relation to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in relation to a marine work means the Secretary of State.
Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority—
so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or
so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order.
No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart from ex officio and co-opted members, are appointed by him.
An order under this section— and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members.
may relate to more than one harbour authority; and
may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient;
A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit.
In this section “the Ministers” means the Secretary of State and the Minister of Agriculture, Fisheries and Food.
In a case where a person is desirous of securing the achievement of any of the following objects, namely,— but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister for the making by him of an order conferring on the applicant, some other designated person or a body to be constituted for the purpose by the order (according as may be specified in the application) all such powers (including, in particular, power to acquire land compulsorily and to levy charges other than ship, passenger and goods dues) as are requisite for enabling that object to be achieved.
the improvement, maintenance or management of a harbour (whether natural or artificial) navigated by sea-going ships (not being a fishery harbour or a marine work) or of a port, haven, estuary, tidal or other river or inland waterway so navigated (not being a fishery harbour or a marine work);
the construction of an artificial harbour navigable by sea-going ships or an inland waterway so navigable, other than a harbour or waterway which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and
the construction, improvement, maintenance or management of a dock elsewhere than at a fishery harbour or marine work or of a wharf elsewhere than at such a harbour or work;
In a case where a person is desirous of securing the achievement of either or both of the following objects, namely,— but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Minister of Agriculture, Fisheries and Food for the making by him of such an order as aforesaid.
the improvement, maintenance or management of a fishery harbour; and
the construction, improvement, maintenance or management of a dock at a fishery harbour or of a wharf at such a harbour;
In a case where a person is desirous of securing the achievement of any of the following objects, namely,— but neither he nor any other person has powers, or sufficient powers, to secure it, or to do so effectively, he may make a written application to the Secretary of State for the making by him of such an order as is mentioned subsection (1) of this section.
the improvement, maintenance or management of a marine work, being a harbour (whether natural or artificial) navigated by sea-going ships or being a port, haven, estuary, tidal or other river or inland waterway so navigated;
the construction of an artificial harbour navigable by sea-going ships which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work or an inland waterway so navigable which, in the opinion of the Minister and the Secretary of State, will, on completion, be a marine work; and
the construction, improvement, maintenance or management of a dock at a marine work or of a wharf at such a work;
Subsections (1) to (3) are subject to—
section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development);
section 120(9) of that Act (exclusion of power to include ancillary provision in orders).
section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required);
section 63(8) of that Act (exclusion of power to include ancillary provision in orders).
An order under this section is in this Act referred to as a “harbour empowerment order”.
Neither the Minister, nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour empowerment order unless he is satisfied that the making thereof is desirable in the interests of facilitating the efficient and economic transport of goods or passengers by sea or in the interests of the recreational use of sea-going ships.
A harbour empowerment order may include all such provisions as appear to the Minister of the Crown by whom it is made to be requisite or expedient for giving full effect to any provision included in the order by virtue of the foregoing provisions of this section and any supplementary, consequential or incidental provisions appearing to him to be requisite or expedient for the purposes of, or in connection with, the order, including, but without prejudice to the generality of the foregoing words, penal provisions and provisions incorporating, with or without modifications, any provision of the Lands Clauses Acts or any other enactment and provisions for excluding or modifying any provision of any Act or of any instrument made under any Act (including this Act) and for repealing any statutory provision of local application affecting the area in relation to which the powers are intended to be exercised; but no penal provision of a harbour empowerment order shall be so framed as to permit of a person’s being punished otherwise than on his conviction or as to permit—
on his being summarily convicted, of the infliction on him of a penalty other than a fine or of —
in the case of an offence triable either summarily or on indictment, the infliction on him of a fine exceeding the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980 or section 289B of the Criminal Procedure (Scotland) Act 1975;
in the case of an offence triable only summarily, the infliction on him of a fine exceeding level 4 on the standard scale or, in the case of a continuing offence, a daily fine exceeding £50 for each day on which the offence continues after conviction;
on his being convicted on indictment, of the infliction on him of a penalty other than a fine.
Where a harbour empowerment order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a harbour empowerment order includes provision for extinguishing or diverting a public right of way over a footpath or bridleway , bridleway or restricted byway, there must be annexed to the order a map of a scale not less than 1:2500 on which the path or way concerned, and in the case of a diversion the new path or way, are plainly delineated.
The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—
Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to the Secretary of State;
Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by the Secretary of State of his own motion;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part I of that Schedule shall, subject to the modifications specified in Part IV thereof, have effect with respect to the procedure for making harbour revision orders upon application therefor to the Secretary of State;
Part II of that Schedule shall, subject to the modifications specified in Part V thereof, have effect with respect to the procedure for the making of harbour revision orders by the Minister of Agriculture, Fisheries and Food of his own motion ;
Part II of that Schedule shall, subject to the modifications specified in Part VI thereof, have effect with respect to the procedure for the making of harbour revision orders by the Secretary of State of his own motion;
Part I of that Schedule shall, subject to the modifications specified in Part III thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the said Parts I, II and III shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution . . . of references to him for references to the Secretary of State.
Part I of that Schedule shall, subject to the modifications specified in Part IX thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State.
Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.
Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath or bridleway , bridleway or restricted byway unless he is satisfied—
that an alternative right of way has been or will be provided, or
that the provision of an alternative right of way is not required.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath or bridleway , bridleway or restricted byway unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section and in Schedule 3 to this Act (except in paragraphs 20A and 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a harbour that is wholly in Wales, other than a reserved trust port, as references to the Welsh Ministers, and in relation to Scotland, as references to the Scottish Ministers.
The Secretary of State may make an order under this section in respect of a harbour (a “closure order”)—
on the application of the harbour authority,
with the consent of the harbour authority, or
if the Secretary of State has consulted the harbour authority and is satisfied that they are unlikely to object.
The Secretary of State must publish guidance about the circumstances in which a closure order will be made. The guidance—
must require the Secretary of State to have regard to the underlying purpose, and
must be reviewed and (if appropriate) revised from time to time.
In this section—
“the underlying purpose” means the purpose of permitting or requiring harbour authorities to cease to maintain harbours which are no longer commercially viable or necessary;
“the harbour authority” in relation to a harbour means any harbour authority which has statutory duties to manage, maintain or improve the harbour.
A closure order must relieve the harbour authority of—
all statutory functions in respect of the harbour, or
specified statutory functions in respect of the harbour.
A closure order may transfer specified functions of the harbour authority to a specified body (with the body's consent).
A closure order must include transitional provision about the cessation of the harbour authority's functions (including provision about rights and liabilities in relation to the performance of functions before the closure order takes effect).
A closure order may—
permit or require the harbour authority to carry out works in respect of the harbour;
permit the Secretary of State to carry out works in respect of the harbour;
require a harbour authority to pay for works carried out under paragraph (b);
confer on the harbour authority or the Secretary of State power to acquire (whether by agreement or compulsorily) land described in the order as the site of works to be carried out under paragraph (a) or (b).
A closure order may include provision for the transfer of property, rights and liabilities of the harbour authority.
In particular, a closure order may include provision—
transferring things that would otherwise not be capable of being transferred;
creating interests, rights or liabilities in relation to things transferred or in connection with a transfer;
for enforcement of rights or liabilities (whether transferred or created by the order);
about the transfer of rights and liabilities in relation to employment (including provision for deemed continuity);
about pension schemes (including provision for amending schemes, winding them up, transferring their administration, and saving rights existing before a transfer takes effect);
terminating appointments;
for compensation for loss of employment (or office).
A closure order may include provision—
extinguishing liabilities to the Secretary of State;
about the winding up of the harbour authority's affairs;
about the winding up of any company wholly owned by the harbour authority;
about the dissolution of the harbour authority.
A provision of a closure order transferring property, rights or liabilities may—
make the transfer subject to a condition (such as the grant of an interest in favour of a third party), and
include provision about the effect of failure to comply with the condition.
Provision under this section may confer a function on the Secretary of State.
Part 1 of Schedule 3 has effect in relation to closure orders as in relation to harbour revision orders.
In relation to closure orders made otherwise than on the application of the harbour authority Part 1 of Schedule 3 has effect with any necessary modifications, in particular—
ignore paragraphs 3, 4A, 4B(2), 4C(2), 5(2), 6(2)(a) and (c), (3) and (4), 7, 8A, 9, 10(6) to (8), 13 and 14,
treat a reference to the applicant as a reference to the Secretary of State,
treat a reference to the application for an order as a reference to the proposal to make an order,
treat a reference to being notified of a proposed application as a reference to proposing to make an order, ...
paragraph 4B applies as if for sub-paragraph (1) there were substituted—,
paragraph 8 applies if the Secretary of State decides that the order would relate to a project which requires an environment impact assessment, in which case—
the Secretary of State, having consulted bodies with environmental responsibilities, must arrange for the preparation of an environmental statement by competent experts,
the environmental statement must include the information specified in sub-paragraphs (2)(b) and (3) (and may include other information),
the environmental statement must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State, and
the environmental statement must include a statement setting out the relevant expertise or qualifications of the experts who prepared the environmental statement,
where paragraph 8 applies, treat a reference to an environmental statement supplied under paragraph 8(1)(a) as a reference to the environment statement prepared on behalf of the Secretary of State, and
paragraph 10ZA applies if the Secretary of State decides that the order would relate to a project which requires an environmental impact assessment, in which case, treat a reference to the notice received under paragraph 10(6) as a reference to the notice published under paragraph 10(1).
Section 44 applies in relation to closure orders as in relation to harbour revision orders.
In relation to harbours that are wholly in Wales, other than reserved trust ports—
the power to make closure orders vests in the Welsh Ministers, and
a reference in this group of sections to the Secretary of State is to be treated as a reference to the Welsh Ministers.
Before making a closure order that transfers functions to a harbour authority for a harbour that is wholly or partly in England or a reserved trust port, the Welsh Ministers must obtain the consent of the Secretary of State.
In relation to harbours in Scotland—
the power to make closure orders vests in the Scottish Ministers,
a reference in this group of sections to the Secretary of State is to be treated as a reference to the Scottish Ministers, and
the reference in section 17D(1) to Schedule 3 is a reference to that Schedule as it has effect in relation to Scotland.
A closure order may include incidental, consequential, transitional or saving provisions.
In particular, a closure order—
may amend, repeal or revoke an enactment of local application, and
may disapply or modify the application of any other enactment.
A closure order—
may make provision generally or only for specified purposes, and
may make different provision for different purposes.
With a view to securing the efficient and economical development of a group of harbours each of which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties, a scheme (in this Act referred to as a “harbour reorganisation scheme”) with respect to the group, providing for all or any of the matters mentioned in subsection (2) below, may be submitted to the Minister . . . by all or any of the authorities who between them are engaged, in the exercise and performance of statutory powers and duties, in improving, maintaining or managing the several harbours comprised in the group (hereafter in this section referred to as “the relevant authorities”).
If the Secretary of State is of opinion that, with a view to securing the efficient and economical development of any such group of harbours as is mentioned in subsection (1) of this section, a harbour reorganisation scheme ought to be made providing for all or any of the matters for which provision may be made by such a scheme, he may by order make a harbour reorganisation scheme providing for those matters.
The said matters are the following, that is to say,—
transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities for the purpose of, or in connection with, the improvement, maintenance or management of a harbour comprised in the group to another of those authorities or to a body constituted by the scheme;
transferring interests of any of the relevant authorities in fixed or movable property used by them for the purposes of the harbour in question and rights or liabilities enjoyed or incurred by them for those purposes to another of those authorities or to such a body as aforesaid;
transferring powers or duties conferred or imposed by a statutory provision of local application on any of the relevant authorities (other than powers or duties falling within paragraph (a) above), or powers or duties so conferred or imposed in relation to a harbour comprised in the group on a local lighthouse authority who are not one of the relevant authorities, to another person (whether one of those authorities or not) or to such a body as aforesaid;
transferring interests of any of the relevant authorities or of a local lighthouse authority in fixed or movable property used by them for the purposes of, or in connection with, the exercise or performance of any powers or duties transferred by a provision of the scheme having effect by virtue of paragraph (c) above to the person to whom the powers or duties are transferred, and transferring to that person rights or liabilities enjoyed or incurred by the authority from whom the powers or duties are transferred in, or in connection with, the exercise or performance of the transferred powers or duties;
transferring to any of the relevant authorities or to a body constituted by the scheme interests of a person in fixed or movable property used by him for carrying out harbour operations at a harbour that is comprised in the group or is adjacent to any of the harbours so comprised, not being a person engaged in improving, maintaining or managing that harbour in the exercise and performance of statutory powers and duties;
transferring to the service of a person or body to whom any powers, duties, interests, rights or liabilities are transferred by a provision of the scheme having effect by virtue of any of the foregoing paragraphs officers or servants employed by the person from whom the powers, duties, interests, rights or liabilities are transferred;
dissolving any body of constables maintained by any of the relevant authorities, and transferring—
the members of that body to another such body or bodies (whether or not maintained by another or other of those authorities or by a body constituted by the scheme);
property, rights or liabilities vested for the purposes of the dissolved body in the authority by whom it was maintained to an authority by whom is or is to be maintained a body of constables to which any of the members of the dissolved body are transferred;
preserving (with or without adjustment) or otherwise securing the rights, as respects pensions, gratuities or other like benefits, of persons transferred by the scheme and their spouses , civil partners and dependents and of persons who are determined in accordance with the scheme to be such as would have been transferred thereby had they been serving when it comes into operation and their spouses , civil partners and dependents;
making such provision as appears to the Minister necessary of expedient for rendering of full effect any provision of the scheme having effect by virtue of any of the foregoing paragraphs and such other supplementary, consequential or incidental provision as appears to him necessary or expedient for any of the purposes of the scheme, including, but without prejudice to the generality of the foregoing words, provision for repealing or amending any statutory provision of local application affecting the group or any of the harbours comprised therein.
Where a harbour reorganisation scheme provides for transferring interests in land, there must, in the case of each parcel of land interests in which are proposed to be transferred, be annexed to the scheme a map of a scale not less than 1:2500 on which the boundaries of that parcel are plainly delineated.
The provisions of Schedule 4 to this Act shall have effect as follows with respect to the procedure for confirming and making harbour reorganisation schemes— and a harbour reorganisation scheme as confirmed or made by the Secretary of State shall be subject to special parliamentary procedure.
Part I of that Schedule shall have effect with respect to the procedure for confirming schemes submitted to the Secretary of State;
Part 1 of that Schedule shall, subject to the modifications specified in Part II thereof, have effect with respect to the procedure for the making of schemes by the Secretary of State of his own motion;
The Minister shall not confirm or make a harbour reorganisation scheme containing such provision as is authorised by subsection (2)(e) above unless it also includes provision for the payment of compensation in respect of the transfer of the interests in question.
The Minister shall not confirm or make a harbour reorganisation scheme if any harbour comprised in the group to which the scheme relates is a fishery harbour or marine work.
If at any time it appears to the Minister that any such provision of a harbour reorganisation scheme having effect by virtue of subsection (2)(h) above as adjusts the rights of a person operates or is likely to operate so as to put that person in a worse position than he would have been in had the provision not been included in the scheme, he may by order amend the scheme in such manner as appears to him to secure that that person is or will be in no such worse position.
The Minister shall by regulations make provision requiring such person or body, being a person or body subject to any of the provisions of a harbour reorganisation scheme, as may be determined by or under the regulations to pay, subject to such exceptions or conditions as may be prescribed by the regulations, compensation to, or in respect of, persons who are or, but for any national service of theirs would be, the holders of any such situation, place or employment as may be so prescribed and suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the scheme.
Where it is proposed to make a harbour revision order or a harbour empowerment order, the Minister of the Crown by whom the order is to be made shall consider whether any person, who is, or but for any national service of his would be, holder of any situation, place or employment with a person or body subject to any of the provisions of the order, might if the order were made, suffer any loss of employment or loss or diminution of emoluments or pension rights in consequence of any of the provisions of the order; and if it appears to that Minister that such a person who is or would be the holder of such a situation, place or employment might suffer any such loss or diminution in consequence as aforesaid and that, if he does, compensation should be paid in respect thereof, that Minister shall not make the order unless he is satisfied that it secures that there will be paid to or in respect of that person, if he suffers any such loss or diminution in consequence as aforesaid, compensation corresponding, as near as may be, to that payable by virtue of regulations made under subsection (1) of this section to or in respect of the holder in similar circumstances of a similar situation, place or employment, in respect of similar loss or diminution suffered in consequence of any of the provisions of a harbour reorganisation scheme.
Different regulations may be made under subsection (1) of this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person other than a harbour authority in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.
Regulations made under subsection (1) of this section may include provision as to the manner in which, and the person to whom, any claim to compensation is to be made, and for the determination of all questions arising under the regulations.
In this section “national service” means any such service in any of Her Majesty’s forces or other employment (whether or not in the service of Her Majesty) as may be prescribed by regulations under subsection (1) of this section.
Subject to the provisions of this section, there may, in relation to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties or in relation to two or more adjacent harbours each of which is being so improved, maintained or managed, be established by an order (in this Act referred to as a " control of movement order ") made by the Minister a scheme for securing, so far as is practicable, the safe and uninterrupted movement of ships in the harbour or harbours and the approaches thereto.
A control of movement order shall not be made in relation to a harbour or harbours or the approaches thereto by the Minister except upon written application in that behalf made to him by the harbour authority or authorities by whom the harbour or harbours in question is or are being improved, maintained or managed.
A control of movement order may contain provision for all or any of the following matters, that is to say.—
constituting or specifying the body or bodies by whom the scheme established by the order is to be administered;
designating, or providing for designating, areas, routes or channels within the harbour or harbours to which the said scheme relates and the approaches thereto which (subject to any directions to the contrary given under a provision of the order having effect by virtue of the next following paragraph) ships, or ships of a particular class or description, are to use, or refrain from using, for movement or anchoring at all times, at specified times or in specified circumstances ;
empowering such person as may be specified in the order to give directions for securing that ships within the harbour or harbours to which the scheme relates or the approaches thereto move only at specified times or during specified periods and to or from specified places, through specified areas, along specified routes or through specified channels;
empowering such person as may be specified in the order, in a case in which it appears to him expedient so to do by reason of restriction of visibility by the weather or by the presence of dust or smoke, to prohibit a ship from entering the harbour (or, as the case may be, both or one of the harbours) unless the ship is fitted with such equipment as may be so specified, being—
radio navigational aids (as defined by section 36 of the Merchant Shipping (Safety Convention) Act 1949) of a kind conforming to requirements or standards laid down or recommended by or under any international convention to which the United Kingdom is a party or to standards that have been recommended by any international conference and to which Her Majesty's Government in the United Kingdom have signified their approval; or
apparatus of such a kind as aforesaid for transmitting information from the ship or receiving information transmitted thereto;
specifying (unless the said scheme is expressed by the order to have effect at all times) the times at which, the periods during which and the circumstances in which it is to be put into effect;
specifying the kind of equipment by means of which the said scheme is to be put into effect, and prohibiting the use of equipment as a means of putting the said scheme into effect unless it is of a type approved by the Minister;
specifying the place at which the equipment by means of which the said scheme is to be put into effect is to be installed, if it is to be installed on land, or, if it is to be installed in a ship or vehicle, the place at which the ship or vehicle is to be moored or stationed ;
prohibiting the use of equipment by means of which the said scheme is put into effect except by persons possessing such qualifications as may be specified in the order;
providing (subject to subsection (4) below) for the punishment— by the infliction, upon their conviction, of such penalties as may be specified in the order;
of persons who fail to comply with directions given under a provision of the order having effect by virtue of paragraph (c) above; and
in the event of failures, in the case of ships, to comply with a provision of the order having effect by virtue of paragraph (b) above or of contraventions, in the case of ships, of prohibitions imposed under a provision of the order having effect by virtue of paragraph (d) above, of the masters of the ships;
authorising— to acquire compulsorily any land described in the order which is required as a site for any equipment by means of which that scheme will fall to be put into effect;
in a case where the said scheme relates to a single harbour, or to two or more harbours both, or all, of which are being improved, maintained or managed by one harbour authority, the authority by whom that harbour is, or those harbours are, being improved, maintained or managed ;
in a case where that scheme relates to two or more harbours both, or all, of which are not being improved, maintained or managed by one harbour authority, such of the harbour authorities who between them are engaged in improving, maintaining or managing the harbours as may be specified in the scheme;
making such provision as appears to the Minister requisite or expedient for rendering of full effect a provision of the scheme having effect by virtue of the last foregoing paragraph and any consequential or incidental provisions appearing to him to be requisite or expedient for the purposes of the scheme.
The provisions of a control of movement order having effect by virtue of subsection (3)(i) above shall not be so framed as to permit—
on summary conviction of a person of an offence consisting in a failure to comply with any such direction as is mentioned in sub-paragraph (i) thereof or on summary conviction of the master of a ship by reason of such a failure or contravention as is mentioned in sub-paragraph (ii) thereof, of the infliction on him of a penalty other than a fine or of the infliction on him of a fine exceeding £100 ;
on conviction on indictment of a person of such an offence or of the master of a ship by reason of such a failure or contravention.—
of the infliction on him of imprisonment, except in a case where the offence was committed recklessly or wilfully or, as the case may be, the failure or contravention was reckless or wilful; or
in the said excepted case, of the infliction on him of imprisonment (whether in addition to, or in substitution for, a fine) for a term exceeding six months.
Where a control of movement order includes provision for the compulsory acquisition of land, there must, in the case of each parcel of land proposed to be acquired compulsorily, be annexed to the order a large-scale map on which the boundaries of that parcel are plainly delineated.
Schedule 5 to this Act shall have effect with respect to the procedure for making control of movement orders.
The power conferred by this section on the Minister to make a control of movement order shall include power by order to vary or revoke such an order upon an application's being made to him so to do by the harbour authority or authorities by whom the harbour or harbours to which the scheme established by the original order relates are being improved, maintained or managed; and Schedule 5 to this Act shall, with requisite modifications, have effect with respect to the procedure for making an order by virtue of this subsection as it has effect with respect to the procedure for making a control of movement order.
The Minister shall not make an order under this section including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.
References in this section to the master of a ship shall—
except in the case of a seaplane or hover vehicle, be construed as including a reference to any other person (except a pilot) having command or charge of the ship ;
in the said excepted case, be construed as referring to the person having command or charge of the seaplane or vehicle.
Where part of the area with respect to which the scheme established by a control of movement order relates coincides with part of a pilotage district (hereafter in this subsection referred to as the " district concerned ") but no part of that area coincides with part of another such district, the order shall be so framed as to secure (if it be practicable so to do) that there shall be included amongst the members of the body by whom that scheme is to be administered (or. if it is to be administered by more bodies than one, amongst the members of each of them) a person nominated by the pilotage authority for the district concerned; and where two or more parts of such an area as aforesaid severally coincide with parts of different pilotage districts, the order shall be so framed as to secure (if it be practicable so to do) that there shall be included as aforesaid a person nominated by the pilotage authority for one or other of those districts.
For the purposes of the foregoing subsection, where a control of movement order relates to two or more harbours, the several areas with respect to which the scheme established by the order relates shall be treated as being a single area.
A harbour authority engaged in improving, maintaining or managing a harbour to which a scheme established by a control of movement order relates may make byelaws (subject to confirmation by the Minister) for securing that the putting into effect of the scheme is not prevented or impeded.
Byelaws made by virtue of the foregoing subsection may include provision for the punishment of a person who contravenes, or fails to comply with, any of them, by the infliction, upon his being summarily convicted of an offence consisting in the contravention or failure, of a fine not exceeding £20.
Sections 250(2) to (7) and 252 of the Local Government Act 1933 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made under subsection (1) of this section by a harbour authority as if they were a local authority and their secretary or clerk were the clerk to a local authority.
No power to make byelaws vested, by a statutory provision other than subsection (1) of this section, in a harbour authority engaged as therein mentioned shall be exercisable for the purpose so mentioned.
In the application of this section to Scotland, for the references to subsections (2) to (7) of section 250 and to section 252 of the Local Government Act 1933 there shall be substituted respectively references to section 301(3), (4), (5), (7) and (11) to (13) and to section 303 (except paragraph (d) thereof) of the Local Government (Scotland) Act 1947.
A person authorised by the Minister for the purposes of this section, on producing if so required some duly authenticated document showing that he is so authorised.— but so that, in exercise of powers conferred by paragraph (b) above in me case of a ship, he does not unnecessarily detain or delay it.
may at all reasonable times enter any premises or vehicle in which, or any ship or aircraft on board of which, equipment by means of which a scheme established by a control of movement order is, or will fall to be, put into effect is installed or is in course of installation, and inspect and test that equipment;
may, in the case of a ship which is in, or is seeking to enter, a harbour in relation to which a control of movement order is in force or of a ship that he believes to have entered or sought to enter a harbour at a time at which such an order was in force in relation to the harbour, go on board of the ship and inspect it for the purpose of determining whether it is fitted with such equipment as is specified in such provision of the order as has effect by virtue of paragraph (d) of subsection (3) of section 20 of this Act or, as the case may be, was fitted with such equipment as, at that time, was so specified, and may inspect and test any equipment with which the ship is fitted, being equipment appearing to him to be of a kind then or at a previous time specified in such provision of such an order as has or, as the case may be, had effect by virtue of that paragraph,
The Minister may by regulations require that, subject to any exceptions for which provision may be made by the regulations, there shall, in respect of an inspection or test carried out in exercise of powers conferred by the foregoing subsection, be payable to him by such person as may be specified in the regulations a fee of such amount as may be so specified; and fees of different amounts may be so specified in relation to inspections or tests carried out in different circumstances.
A person who obstructs a person acting in exercise of powers conferred by subsection (1) of this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.
Any sums received under this section by the Minister shall be paid into the Exchequer.
In any proceedings for an offence consisting— it shall be a defence for the person charged to prove that he had reasonable ground for supposing that compliance with the direction, provision or prohibition in question, would be likely to imperil the ship or to prove that in the circumstances compliance with the direction, provision or prohibition in question was impracticable.
in a failure to comply with a direction given under a provision of a control of movement order having effect by virtue of paragraph (c) of subsection (3) of section 20 of this Act; or
in a failure, in the case of a ship, to comply with a provision of such an order having effect by virtue of paragraph (b) of that subsection or a contravention, in the case of a ship, of a prohibition imposed under a provision of such an order having effect by virtue of paragraph (d) of that subsection ;
Section 2 of the Merchant Shipping (Liability of Shipowners and others) Act 1900 (which limits the liability of the owners of a dock or canal or of a harbour or conservancy authority as defined by the Merchant Shipping Act 1894 where, without their actual fault or privity, any loss or damage is caused to any vessel or to anything on board a vessel to damages up to an aggregate amount not exceeding one thousand gold francs for each ton of the tonnage of the largest registered British ship which, at the time of the loss or damage occurring, is, or within the period of five years previous thereto has been, within the area over which the dock or canal owner, or harbour or conservancy authority, performs any duty or exercises any power) shall apply for the purpose of limiting the liability of a body by whom a scheme established by a control of movement order is administered as it applies for the purpose of limiting the liability of such owners of a dock or canal or such a harbour or conservancy authority, with the following modifications, that is to say.—
for any reference (except in subsection (5)) to any such owner or authority, there shall be substituted a reference to the body ; and
for any reference to the area over which such owner or authority performs any duty or exercises any power there shall be substituted a reference to the harbour to which the scheme relates, or where the scheme relates to more than one harbour, to any of the harbours to which the scheme relates.
A body by whom a scheme established by a control of movement order is administered, whether alone or jointly with another body, shall not be entitled to any exclusion or limitation of liability for loss, damage or injury arising out of the putting of the scheme into effect other than such exclusion or limitation as they are entitled to by virtue of the foregoing subsection.
Subject to the following provisions of this Act, any statutory provision made with respect to a particular harbour authority shall cease to have effect in so far as (otherwise than by way of expressly providing for freedom from dues or in any other manner prohibiting the levying of a due) it limits the discretion of the authority as to the ship, passenger and goods dues chargeable by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (whether by specifying, or providing for specifying, the dues to be levied, or fixing or providing for fixing, dues, or otherwise).
Subject to the following provisions of this Act and to any such statutory provision made with respect to them in particular as expressly provides for freedom from dues or in any other manner prohibits the levying of a due, a harbour authority shall have power to demand, take and recover such ship, passenger and goods dues as they think fit at such a harbour as aforesaid.
Any such provision of the Harbours, Docks and Piers Clauses Act 1847 as incorporated in a statutory provision made with respect to a harbour authority as refers to rates shall, with any necessary modifications, apply to charges imposed by virtue of this section by that authority as if they were rates payable under a statutory provision made with respect to them, and any such enactment of a statutory provision made with respect to a harbour authority as refers (in whatever terms) to charges payable to them under a statutory provision made with respect to them or to charges so payable of a specified class shall (in so far as it does not cease to have effect by virtue of subsection (1) of this section) apply with any necessary modifications to charges imposed by that authority by virtue of this section or, as the case may be, to charges so imposed of that class as if they were charges so payable or, as the case may be, charges so payable of that class.
Any ship, passenger and goods dues in force immediately before this section comes into operation which are exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, being dues imposed or deemed to have been imposed by or by virtue of a statutory provision made with respect to the authority, shall be deemed to have been imposed by virtue of this section.
In this section “harbour authority” does not include— and “statutory provision” includes an order made under Regulation 56 of the Defence (General) Regulations 1939 or under an order confirmed by the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the Fishery Harbours Act 1915.
any of the Boards or Canal & River Trust;
a person carrying on an inland waterway undertaking to which provisions of section 43 of the Transport Act 1962 apply by virtue of section 52(2) of that Act;
a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together;
In place of any limitation imposed, by a statutory provision made with respect to them in particular, on the discretion of a harbour authority as to charges (of any kind other than excepted charges) that may be made by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (not being a limitation by way of expressly providing for freedom from charges or in any other manner prohibiting the making of a charge or by way of providing, by what form of words soever, that the charges shall be such as may be reasonable), there shall, by virtue of this subsection, be imposed the limitation that the charges shall be such as may be reasonable.
For the purposes of the foregoing subsection the following shall be excepted charges, namely,—
ship, passenger and goods dues;
charges ascribable to the running of a ferry service in or from a harbour;
contributions which, by virtue of a provision included in an order section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Actunder section 142 of the Water Resources Act 1991, fall to be assessed on several fisheries or the owners or occupiers thereof;
duties on licences granted under section 25 of the said Act of 1975 to fish;
charges in respect of licences under the Water Resources Act 1963 Chapter II of Part II of the Water Resources Act 1991 to abstract water or in respect of water authorised by such licences to be abstracted.
In this section “harbour authority” has the same meaning as in the last foregoing section.
Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision— the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made.
to levy ship, passenger and goods dues or equivalent dues; and
to make other charges,
A harbour authority may not make a combined charge in any case where— but without prejudice to the power of the authority to make separate charges in such a case.
the person who would be liable to pay the charge objects to paying a combined charge; or
a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge:
A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority.
In this section “equivalent dues” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour.
Schedule 9 to the Transport Act 1962 shall cease to have effect in so far as it limits the discretion of the Boards as to the ship, passenger and merchandise dues chargeable by them at the harbours specified in that Schedule.
. . . Any . . . statutory provision made with respect to a local lighthouse authority shall, . . ., cease to have effect in so far as it limits the discretion of the authority as to the charges to be made by them.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any dues fixed by virtue of the said section 655(1) or by virtue of any other statutory provision, being dues that are in force immediately before the coming into operation of this section and are to be paid to a local lighthouse authority who are not a harbour authority, shall, so far as they could be imposed by virtue of this section, be deemed to have been so imposed.
A list showing the ship, passenger and goods dues for the time being exigible— shall be kept at the harbour office and shall be open there during reasonable hours for inspection by any person without charge, and copies of the list shall be kept for sale at that office at a price not exceeding 5p for each copy.
by virtue of section 26 of this Act by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing; ...
by virtue of section 43 of the Transport Act 1962 by any of the Boards at a harbour which, in the exercise and performance of statutory powers and duties, that Board are engaged in improving, maintaining or managing, except where the Board in question are . . . . . . the British Waterways Board and the harbour in question is not specified in Schedule 9 to that Act; or
by virtue of section 43 of the Transport Act 1962 by Canal & River Trust at a harbour specified in Schedule 9 to that Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No ship, passenger or goods due exigible as mentioned in paragraph (a), (b) or (c) of subsection (1) above shall be levied by, as the case may be the harbour authority or Board concerned or by Canal & River Trust if, at the time at which it is exigible, the authority or Board or Canal & River Trust are in default in compliance with the requirement of subsection (1) of this section with respect to the keeping of a list of dues at the harbour office or the due is not shown in the list kept there at that time in compliance with that requirement; . . .
A copy of a list which, in pursuance of subsection (1) of this section, is for the time being kept by a harbour authority . . . at the office of a harbour which is not a fishery harbour or marine work . . . or, in pursuance of subsection (2) of this section, is for the time being kept by a local lighthouse authority at their office, shall be supplied by them to the Secretary of State without charge; a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a fishery harbour shall be supplied by them to the Minister of Agriculture, Fisheries and Food or, if the fishery harbour is in Wales, to the Secretary of State without charge; and a copy of a list which, in pursuance of the said subsection (1), is for the time being kept by a harbour authority at the office of a harbour which is a marine work shall be supplied by them to the Secretary of State without charge.
Subsection (1) of this section does not apply to combined charges within the meaning of section 27A of this Act.
References in this section to the dues or charges exigible by an authority or Board or by Canal & River Trust, are references to the amount exigible where no composition agreement applies and no specially agreed rebate is allowed.
Subject to the following provisions of this Act, charges to which this section applies are ship, passenger and goods dues other than combined charges within the meaning of section 27A of this Act; and references in this section to the rate at which any such charge is imposed are to the amount where no composition agreement applies and no specially agreed rebate is allowed.
Subject to subsections (10) to (12) below and to the provisions of the three next following sections, the provisions of subsections (3) to (6) below shall have effect where written objection to a charge to which this section applies imposed by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, is lodged with the Council by—
a person appearing to him to have a substantial interest; or
a body representative of persons so appearing;
a Saturday or Sunday,
that the charge ought not to be imposed at all;
that the charge ought to be imposed at a rate lower than that at which it is imposed;
that, according to the circumstances of the case, ships, passengers or goods of a class specified in the objection ought to be excluded from the scope of the charge either generally or in circumstances so specified;
that, according to the circumstances of the case, the charge ought to be imposed, either generally or in circumstances specified in the objection, on ships, passengers or goods of a class so specified at a rate lower than that at which it is imposed on others.
The Secretary of State shall, forthwith after the objection is lodged, send a copy thereof to the authority and shall give notice to the objector that, as a condition precedent to the taking by the Secretary of State of further steps in the matter of the objection, he must publish in specified newspapers a notice (which, if a form therefor is specified, must be in that form)—
stating that he has lodged with him an objection to the charge (and specifying the ground or grounds on which it is expressed to be made); and
stating that any such person or body as the following who desires to make to the Secretary of State representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing within the time specified in the notice (which shall not be less than forty-two days from the publication or first publication thereof).
Where the proper notice concerning the objection has been duly published, then so soon as practicable after the expiration of the time therein specified (but subject to the next following subsection), the Secretary of State shall, unless the objection has been withdrawn before the expiration of that time and no written representations in the matter have been made to him by any such person or body as is mentioned in subsection (3)(b) above before the expiration of that time, proceed to consideration of the charge and any representations made and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.
Where written representations are made as mentioned in subsection (4) above, the Secretary of State shall send copies thereof to the authority and (except where the objection has been withdrawn) to the objector, and shall not proceed to consideration of the charge until such period for consideration of, and comment upon, the representations by the authority and by the objector (if the objection has not been withdrawn) as the Secretary of State thinks reasonable has elapsed.
the Secretary of State, after effect has been given to subsection (4) above, shall either—
approve the charge but set a limit (not being later than the expiration of twelve months from the date on which he approves it to the period during which the approval is to be of effect, and give to the authority written notice that he has approved it, stating the limit set; or
give to the authority such direction with respect to the charge as would meet objection thereto made on any of the grounds specified in subsection (2) above (whether that is or is not the ground, or is or is not included amongst the grounds, on which the objection whose lodging gives rise to the proceedings is expressed to be made).
A direction given under the last foregoing subsection to an authority must be in writing and must specify a date for its coming into operation and the period from that date (which shall not exceed twelve months) during which it is to have effect, and the authority shall comply with it.
If a harbour authority fail to comply with an obligation to which they are subject by virtue of the last foregoing subsection, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
Forthwith after complying on any occasion with subsection (6) above, the Secretary of State shall publish, in the newspapers in which was published notice of the lodging of the objection the lodging whereof gave rise to the proceedings that resulted in the compliance on that occasion, the notice or direction given by him to the harbour authority concerned.
Where, by virtue of this section, a charge imposed at a harbour is approved, subsections (3) to (6) above shall not have effect by virtue of the lodging of a further objection thereto during the period during which the approval is of effect; and where, by virtue of this section, a direction is given with respect to a charge so imposed, the said subsections shall not have effect by virtue of the lodging of a further objection to that charge during the period during which the direction has effect or of the lodging, during that period, of an objection to a charge that has come into existence by virtue of the direction.
Where effect to subsections (3) to (5) above is in course of being given in consequence of the lodging with the Secretary of State of an objection to a charge and a further objection to that charge is lodged with the Secretary of State subsections (3) to (6) above shall not have effect by virtue of the lodging of that further objection.
If it appears to the Secretary of State that the Sea Fish Industry Authority are, or may be, concerned with a charge, the Secretary of State shall not give effect to subsection (6) above in relation to that charge without having consulted the Authority.
In relation to charges to which this section applies imposed by a harbour authority at a fishery harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing, the foregoing provisions of this section shall have effect with the substitution, for references to the Secretary of State, of references to the Minister of Agriculture, Fisheries and Food, . . .
Where, in the case of a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing (not being a fishery harbour or marine work), the Council are satisfied that, as regards the charges imposed at the harbour by that authority that constitute ship, passenger and goods dues, all or any of them ought to be revised, and are further satisfied that it is not possible to secure the revision thereof by agreement between them and the authority, they may submit to the Minister a scheme for revising those that they are satisfied ought to be revised (specifying precisely and in detail the manner in which the revision is to be accomplished), accompanied by a statement of the reasons why they are satisfied that those charges ought to be revised.
Where the Council submit under the foregoing subsection a scheme to the Minister, they shall forthwith send to the authority engaged in improving, maintaining or managing the harbour to which the scheme relates two copies of the scheme and two copies of the statement submitted to the Minister therewith, and of them one copy of each shall be kept at the harbour office until the expiration of the period specified in the notice published in pursuance of the next following subsection with reference to the scheme and, during that period, shall be open during reasonable hours for inspection by any person without charge.
As soon as may be after submitting under subsection (1) of this section a scheme to the Minister, the Council shall publish in such newspapers as the Minister may require a notice—
stating that the scheme has been submitted to the Minister and specifying the harbour to which it relates;
stating that a copy of the scheme and of the statement submitted therewith to the Minister may be seen at the harbour office at all reasonable hours; and
stating that any such person or body as the following who desires to make to the Minister representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing before the expiration of the period specified in the notice (which shall not be less than forty-two days from the date of the publication or first publication thereof).
Where the proper notice has been duly published with reference to a scheme submitted to him under subsection (1) of this section, then, so soon as practicable after the expiration of the period specified in the notice (but subject to the next following subsection), the Minister shall proceed to consideration of the scheme, any representations made by the harbour authority concerned and any representations made by others and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.
Where, in the case of a scheme submitted under subsection (1) of this section to the Minister, written representations are duly made to the Minister by any such person or body as is mentioned in subsection (3)(c) above, the Minister shall send copies thereof to the Council and to the harbour authority concerned, and shall not proceed to consideration of the scheme until such period for consideration of, and comment upon, the representations by the Council and the authority as he thinks reasonable has elapsed.
The Minister, after effect has been given, in the case of a scheme submitted to him under this section, to subsection (4) above, shall either by order confirm the scheme, with or without modifications, or reject it.
An order under the last foregoing subsection shall set out in a schedule thereto the scheme thereby confirmed in the form in which it is confirmed and shall specify a date for the coming into operation of the scheme and the period from that date (which shall not exceed twelve months) which, for the purposes of the following provisions of this section, is to be the close period in relation to the scheme.
Charges fixed by a scheme under this section in the case of a harbour shall—
except in a case where the harbour is one specified in Schedule 9 to the Transport Act 1962, be deemed to have been imposed under section 26 of this Act;
in the said excepted case, be deemed to have been imposed under section 43 of the said Act of 1962;
“working day” means any day other than—
the harbour authority engaged in improving, maintaining or managing the harbour shall not demand or take thereat in respect of a matter or thing in respect of which a charge is fixed by the scheme, a charge other than that so fixed ;
subsections (3) to (6) of the last foregoing section shall not, in the case of a charge so fixed, have effect by virtue of the lodging of an objection thereto.
If a harbour authority fail to comply with an obligation to which they are subject by virtue of subsection (8)(i) above, they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.
A harbour authority shall not be treated as having failed to comply with an obligation to which they are subject by virtue of subsection (7) of the last foregoing section if compliance therewith would have prevented compliance with an obligation to which they were subject by virtue of subsection (8)(i) above.
Forthwith after complying on any occasion with subsection (6) above, the Minister shall publish, in the newspapers in which was published notice of the submission to him of the scheme the submission whereof gave rise to the proceedings that resulted in the compliance on that occasion, notice stating what he has done under that subsection about the scheme.
Where, in the case of a fishery harbour or marine work which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing, the appropriate Minister is satisfied that, as regards the charges imposed at the harbour by that authority that constitute ship, passenger and goods dues, all or any of them ought to be revised, and is further satisfied that it is not possible to secure the revision thereof by agreement between him and the authority, the appropriate Minister may make proposals for revising those that he is satisfied ought to be revised and shall send to the authority two copies of the proposals together with two copies of a statement setting out the reasons why he is satisfied as aforesaid and, precisely and in detail, the manner in which the revision is to be accomplished, and of them one copy of each shall be kept at the harbour office until the expiration of the period specified in the notice published in pursuance of the next following subsection with reference to the proposals and during that period shall be open during reasonable hours for inspection by any person without charge.
As soon as may be after sending under the foregoing subsection copies of proposals to a harbour authority, the appropriate Minister shall publish in such newspapers as he thinks proper a notice—
stating that he has made the proposals and specifying the harbour to which they relate;
stating that a copy of the proposals and of the statement sent therewith to the authority may be seen at the harbour office at all reasonable hours; and
stating that any such person or body as the following who desires to make to the appropriate Minister representations in the matter, that is to say, a person having a substantial interest and a body representative of persons who have such an interest, should do so in writing before the expiration of the period specified in the notice (which shall not be less than forty-two. days from the date of the publication or first publication thereof).
Where, in the case of proposals made under this section, written representations are duly made by any such person or body as is mentioned in subsection (2)(c) above, the appropriate Minister shall send a copy thereof to the harbour authority concerned.
If, in the case of proposals made under this section, no representation is duly made by any such person or body as is mentioned in subsection (2)(c) above or is made by the harbour authority concerned, or if all representations so made are withdrawn, the appropriate Minister, after the expiration of the period specified in the notice published under that subsection with reference to the proposals, may by order give effect to the revision that is the subject of the proposals.
If, in the case of proposals made under this section, representations are made as aforesaid and not withdrawn within such period as he thinks reasonable, the appropriate Minister shall proceed to consider them and any comments made by the harbour authority concerned upon such (if any) of them as are made by others and, unless he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held with respect to it, shall cause an inquiry to be so held.
Where, in the case of proposals made under this section, effect has been given to the last foregoing subsection, the appropriate Minister may, unless he decides to proceed no further in the matter, by order give, effect, with or without modifications, to the revision that is the subject of the proposals.
An order under subsection (4) or (6) above shall specify a date for. its coming into operation and the period from that date (but not exceeding twelve months) which for the purposes of the following provisions of this section is to be the close period in relation to the order.
Charges fixed by an order under this section in the case of a harbour shall be deemed to have been imposed under section 26 of this Act, and during the close period in relation to the order—
the harbour authority engaged in improving, maintaining or managing the harbour shall not demand or take thereat in respect of a matter or thing in respect of which a charge is fixed by the order, a charge other than that so fixed ;
subsections (3) to (6) of section 31 of this Act shall not, in the case of a charge so fixed, have effect by virtue of the lodging of an objection thereto.
If a harbour authority fail to comply with an obligation to which they are subject by virtue of subsection (8)(a) above they shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.
A harbour authority shall not be treated as having failed to comply with an obligation to which they are subject by virtue of section 31(7) of this Act if compliance therewith would have prevented compliance with an obligation to which they were subject by virtue of subsection (8)(a) above.
Forthwith after the making of an order under subsection (4) or (6) above with reference to any proposals made under this section, or deciding to proceed no further in the matter of any proposals so made, the appropriate Minister shall publish, in the newspapers in which notice of the making of the proposals was published, notice stating, as the case may be, that he has made the order or that he has decided as aforesaid.
In this section " the appropriate Minister " means, in relation to a fishery harbour, the Minister of Agriculture, Fisheries and Food and, in relation to a marine work, the Secretary of State.
Where, at the time when a scheme for revising charges imposed at a harbour by a harbour authority is submitted to the Minister under section 32 of this Act. effect to subsections (3) to (5) of section 31 of this Act is in course of being given in consequence of the lodging with the Council of an objection to a charge imposed at that harbour by that harbour authority, the Council shall, when they submit the scheme to the Minister, send therewith a copy of the objection and of any representations with respect thereto received by them and of any comments thereon so received, and a report of any inquiry completed with respect thereto, and, subject to the provisions of subsection (3) below, the operation in relation to the objection of subsections (3) to (6) of the said section 31 shall be suspended.
Where, after a scheme for revising charges imposed at a harbour by a harbour authority has been submitted to the Minister under section 32 of this Act but before the Minister has proceeded to a decision in the matter, there is lodged with the Council an objection to a charge imposed at that harbour by that harbour authority, being an objection which, apart from this subsection, would cause subsections (3) to (6) of section 31 of this Act to have effect, the Council shall forthwith send a copy of the objection to the Minister and the operation in relation to the said objection of the said subsections (3) to (6) shall be suspended.
Where, at the time when an objection is sent to the Minister under subsection (1) above, an inquiry with respect to the objection is in course of being held, the inquiry shall, notwithstanding the suspension of the operation of subsections (3) to (6) of section 31 of this Act, be continued, and after its completion the Council shall send to the Minister a report thereof.
Where, in relation to an objection, the operation of subsections (3) to (6) of section 31 of this Act is suspended in a case falling within subsection (1) of this section or, in a case falling within subsection (2) of this section where the Minister has not proceeded by the time he receives the objection to a decision on the scheme, the Minister—
may, if he is satisfied that the objection does not relate to a charge subject to revision by the scheme and that the scheme ought not to be modified as respects the charge to which the objection relates, direct that the suspension shall cease to have effect as from such date as may be specified in the direction ; and
if he does not give a direction under the foregoing paragraph, shall, before he proceeds to a decision on the scheme, consider the objection and, in the case of an objection falling within subsection (1) above, any representations and comments thereon that were sent with the scheme, and a report of any inquiry that was so sent, and—
subject to the next following subsection, if he is satisfied that the objection relates to a charge subject to revision by the scheme or that the scheme ought to be modified as respects the charge to which the objection relates, make in the scheme, if he decides to confirm it, such provision in relation to that charge as he thinks fit, or
if he is not so satisfied or if he rejects the scheme, direct that the suspension shall cease to have effect as from such date as may be specified in the direction.
The Minister shall not, under subsection (4)(b)(i) above, make in a scheme provision in relation to the charge to which an objection relates without causing an inquiry to be held with respect to the objection, unless—
in the case of an objection sent to him under sub section (1) above.—
he has received a report of any inquiry held under section 31 of this Act in relation to the objection; or
he is satisfied for any other reason that he can properly proceed to a decision in the matter without causing an inquiry to be held;
in the case of an objection sent to him under subsection (2) above.—
the objection was received by him after the expiration of the period specified in relation to the scheme under section 32(3)(c) of this Act; or
he is satisfied that he can properly proceed to a decision in the matter without causing an inquiry to be held.
Where the operation of subsections (3) to (6) of section 31 of this Act is suspended in a case falling within subsection (2) above and, by the time the Minister receives the objection, he has proceeded to a decision on the scheme, then—
if the Minister confirms the scheme, and the scheme fixes the charge to which the objection relates the said subsections (3) to (6) shall have no further effect in relation to the objection ; and
if the Minister rejects the scheme, or if he confirms it but it does not fix the said charge, the suspension shall cease to have effect as from such date as the Minister may direct.
Where the Minister makes provision in a scheme in pursuance of subsection (4)(b)(i) above, he shall give written notice to the objector that he has done so and shall include a statement of that fact in the notice published in pursuance of section 32(11) of this Act, and subsections (3) to (6) of section 31 of this Act shall have no further effect in relation to the objection in question.
Where, after the appropriate Minister (within the meaning of section 33 of this Act) has sent, under subsection (1) of that section, to a harbour authority copies of proposals for revising charges imposed at a harbour by that harbour authority but before he has proceeded to a decision in the matter there is lodged with him an objection to a charge imposed at that harbour by that harbour authority, being an objection which, apart from this subsection, would cause subsections (3) to (6) of section 31 of this Act to have effect, the operation in relation to the said objection of the said subsections (3) to (6) shall be suspended, and subsections (4) to (7) above shall have effect as they have effect where the operation of the said subsections (3) to (6) is suspended in a case falling within subsection (2) above, but with the following modifications:—
for any reference in any of the said subsections (4) to (7) to the Minister there shall be substituted a reference to the said appropriate Minister ;
in subsection (4) above, for the words " the scheme ", in each place, except the last, where they occur, there shall be substituted the words " the proposals "; for the words " if he decides to confirm it " there shall be substituted the words " if he decides to give effect to the revision that is the subject of the proposals "; for the words " if he rejects the scheme " there shall be substituted the words " if he decides to proceed no further in the matter ";
in subsection (5) above, for the words "a scheme", there shall be substituted the word " proposals "; for the words " the scheme " there shall be substituted the words " the proposals "; and for the words " section 32(3)(c) of this Act" there shall be substituted the words " section 33(2)(c) of this Act ";
in subsection (6) above, for the words " the scheme ", in the first place where they occur, there shall be substituted the words " the proposals ", for the words " confirms the scheme, and the scheme fixes the charge" there shall be substituted the words " gives effect to the revision that is the subject of the proposals, and the order by which such effect is given fixes the charge "; and for the words " rejects the scheme, or if he confirms it but it does not fix the said charge," there shall be substituted the words " decides to proceed no further in the matter, or gives effect to the revision that is the subject of the proposals, but the order by which such effect is given does not fix the charge ";
in subsection (7) above, for the words " a scheme " there shall be substituted the word " proposals "; and for the words "section 32(11) of this Act" there shall be substituted the words " section 33(11) of this Act ".
Where, in relation to an objection, the operation of subsections (3) to (6) of section 31 of this Act comes into effect following a suspension having effect by virtue of the foregoing provisions of this section, then, in ascertaining the expiration of any period specified in the notice given under section 31(3)(b) of this Act in relation to the objection, there shall be disregarded any time falling within the period of the suspension.
section 31(1) shall be omitted ;
in section 31(2), for the words from "a charge" to " maintaining or managing " (both inclusive) there shall be substituted the words " a charge imposed under section 29 of this Act by a local lighthouse authority ", and the words " passengers or goods" (in both places where they occur) shall be omitted;
in section 31(6)(b), the reference to subsection (2) shall be construed as referring to that subsection as modified by the last foregoing paragraph;
in section 31(8) for the reference to a harbour authority there shall be substituted a reference to a local lighthouse authority;
in section 31(9), for the reference to the harbour authority concerned there shall be substituted a reference to the local lighthouse authority concerned;
in section 31(10), for the words "a charge imposed at a harbour " there shall be substituted the words " a charge imposed by a local lighthouse authority who are not a harbour authority ";
section 31(13) shall be omitted ;
in section 32(1), for the words from the beginning to " all or any of them " (inclusive), there shall be substituted the words " Where the Council are satisfied that all or any of the charges imposed under section 29 of this Act by a local lighthouse authority ";
in section 32(2), for the references to the authority engaged in improving, maintaining or managing the the harbour to which the scheme relates and to the harbour office there shall be substituted references respectively to the local lighthouse authority concerned and their office;
in section 32(3), for references to the harbour to which the scheme relates and to the harbour office, there shall be substituted references respectively to the local lighthouse authority to which the scheme relates and their office;
in section 32(4) and (5), for the references to the harbour authority concerned there shall be substituted references to the local lighthouse authority concerned ;
for section 32(8) there shall be substituted the following subsection:—;
in section 32(9) and (10), for the references to a harbour authority and to subsection (8)(i) there shall be substituted respectively references to a local lighthouse authority who are not a harbour authority and to subsection (8)(a).
in section 34(1) and (2), for the words " charges imposed at a harbour by a harbour authority " there shall be substituted the words " charges imposed under section 29 of this Act by a local lighthouse authority ", and for the words " a charge imposed at that harbour by that harbour authority " there shall be substituted the words " a charge so imposed by that authority "; and
section 34(8) shall be omitted.
Sections 31 . . . of this Act shall not apply to charges—
imposed by . . . . . . the British Waterways Board or Canal & River Trust at a harbour not specified in Schedule 9 to the Transport Act 1962;
imposed at a harbour owned or managed by a person carrying on an inland waterway undertaking to which provisions of section 43 of that Act apply by virtue of section 52(2) thereof; or
imposed at a harbour owned or managed by a person carrying on an undertaking all or any of the charges of which are, under the statutory provisions relating to the undertaking, subject to revision by the Minister and some other Minister acting together or by the Scottish Ministers.
Section 26(2) of this Act and subsection (3) of section 43 of the Transport Act 1962 (as enacted in that section and as applied by section 52(2) of that Act) shall, so far as regards charges regulated by any such provision of an Order in Council under section 60 of the Civil Aviation Act 1982 as has effect by virtue of paragraph (o) (regulation of charges for use of licensed aerodromes and for services provided thereat) of subsection (3) of that section, have effect subject to that provision; and sections 27 and 31 . . . of this Act shall not apply to any charges so regulated.
The following provisions shall cease to have effect, namely,—
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any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;
. . . any other statutory provision applying to a harbour authority in so far as (however it is expressed) it prohibits the authority from discriminating in the matter of charges imposed as aforesaid against any person in favour of any other person.
In the foregoing subsection “harbour authority” does not include any such person as is mentioned in section 26(5)(c) of this Act.
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In the definition of “inland waterway undertaking” in section 13(1) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954, after the word “navigation” there shall be inserted the words “not navigated by sea-going ships” and after the word “water” there shall be added the words “not so navigated”.
In section 12(7) of the Milford Haven Conservancy Act 1958, for the words “charges under section seven of the Transport Charges &c. (Miscellaneous Provisions) Act 1954” there shall be substituted the words “charges in respect of the aircraft”.
For paragraph 5 of Schedule 9 to the Transport Act 1962 there shall be substituted the following paragraph :—; and in paragraph 6(2) of that Schedule for the words “for which the charges are regulated by” there shall be substituted the words “specified in”.
An order under section 21(8) of the Sea Fish Industry Act 1951 declaring that a harbour has become or has ceased to be a fishery harbour may make such provision with respect to proceedings under the provisions of this Act relating to charges at the harbour which are uncompleted when the order is made and to the effect of any order or scheme made under those provisions with respect to any such charges as the Secretary of State thinks requisite or expedient in view of the change of status of the harbour.
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A harbour authority shall have power to make the use of services and facilities provided by them at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing subject to such terms and conditions as they think fit except with respect to charges as to which their discretion is limited by a statutory provision (whether by specifying, or providing for specifying, charges to be made, or fixing or providing for fixing charges, or otherwise).
In this section “harbour authority” has the same meaning as in section 26 of this Act.
For the purpose of obtaining information and forecasts reasonably required by the Secretary of State for the exercise and performance of his functions under this Act, it shall be lawful for the Secretary of State,— and any such notice may require any such information or forecasts to be furnished in such manner and within such time as may be specified in the notice, and either periodically or on one occasion or more.
by notice in writing served on a person engaged in improving, maintaining or managing a harbour, to require him to furnish to the Secretary of State such information or forecasts . . . as may be specified in the notice; and
by notice in writing served on a person carrying out at a harbour, harbour operations of a particular description, not being the person engaged in improving, maintaining or managing that harbour, to require him to furnish to the Secretary of State such information or forecasts relating to harbour operations of that description carried out by him at that harbour as may be so specified;
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A person who fails to satisfy an obligation to which he is subject by virtue of subsection (1) above shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
No notice shall be served under subsection (1) above requiring a person to furnish information or forecasts concerning anything done or to be done at a fishery harbour or marine work; and a notice served under that subsection on a person requiring him to furnish any information or forecasts concerning anything done or to be done at a harbour shall, if the harbour becomes a fishery harbour or marine work, thereupon cease to have effect except in so far as it requires any information or forecast to be furnished before the date on which the harbour becomes a fishery harbour or marine work.
It shall be the duty of every statutory harbour undertaker to prepare an annual statement of accounts relating to the harbour activities and to any associated activities carried on by him.
relates to a statutory harbour undertaking (whether or not it relates also to another undertaking); and
is, by virtue of a statutory provision made with respect to him, required to be prepared by the person by whom the undertaking is carried on;
Where a statutory harbour undertaker is a parent undertaking with subsidiary undertakings which carry on harbour activities or any associated activities, then, it shall be the duty of the company also to prepare group accounts relating to the harbour activities and associated activities carried on by it and its subsidiary undertakings.
to prepare an annual statement of accounts relating to the undertaking;
to send to the Minister a copy of each such annual statement;
to send to the Minister a copy of the auditors' report upon each such annual statement.
The requirements of subsection (1) or subsection (2) above are not satisfied by the preparation of a statement of accounts which relates to other matters in addition to harbour activities and associated activities.
Where provision is made for the auditing of accounts prepared by any person otherwise than under this section which relate to harbour activities carried on by him (whether or not they relate to other matters) that provision shall apply also to any statement prepared by him under this section.
It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section—
to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and
to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement.
Subject to any regulations made under the next following subsection, the provisions of the ... the Companies Act 2006 as to the form and contents of accounts and reports required to be prepared under that Act shall apply to accounts and reports required to be prepared under this section, as follows—
the provisions relating to individual company accounts shall apply to statements prepared in accordance with subsection (1) above;
the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and
the provisions relating to the directors’ report ... shall apply to reports prepared in accordance with subsection (5)(b) above.
The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section—
prescribing cases in which the provisions of the the Companies Act 2006 referred to in subsection (6) above are not to apply;
modifying those provisions;
prescribing requirements additional to those imposed by those provisions.
Where a statutory harbour undertaker is obliged by a statutory provision of local application to prepare accounts, then, so far as those accounts relate to harbour activities or associated activities, any requirements of the statutory provision of local application as to the form and contents of the accounts shall be treated as satisfied by the preparation of accounts in the same manner that is required for a statement under this section.
In this section—
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Regulations under subsection (7) or (9) above may be made so as to apply to all undertakers, to a class of undertakers or to a particular undertaker.
This section does not apply to—
the Boards or Canal & River Trust;
a statutory harbour undertaker the activities of whose undertaking consist wholly or mainly in the improvement, maintenance or management of a fishery harbour or marine work;
a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.
A designated harbour authority may give directions (“harbour directions”) in respect of ships—
within their harbour, or
entering or leaving their harbour.
A harbour direction may relate to—
the movement of ships;
mooring or unmooring;
equipment (including nature and use);
the manning of ships.
A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.
“Designated harbour authority” means—
a harbour authority for a harbour that is wholly in Wales other than a reserved trust port who are designated by order of the Welsh Ministers,
a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and
a harbour authority for a harbour in Scotland who are designated by order of the Scottish Ministers.
A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).
A harbour authority may not give a harbour direction which conflicts with an enactment.
An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—
inconsistent with the power to give harbour directions, or
unnecessary as a result of the power.
Harbour directions must be in writing.
Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.
A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.
A harbour authority must—
make harbour directions available for inspection, and
supply a copy to anyone who requests it.
A harbour authority may charge for the supply of copies.
As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—
stating that a harbour direction has been given, and
giving details of the arrangements for the inspection and supply of copies of harbour directions.
The master of a ship must ensure that harbour directions are complied with.
Breach of subsection (1) without reasonable excuse is an offence.
A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Harbour directions—
may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and
may make different provision for different circumstances, areas, periods or descriptions of ship.
Harbour directions may be varied or revoked by subsequent harbour directions.
In section 40A—
“unmooring” includes weighing anchor.
Any loans which the Minister makes under section . . . 11 of this Act shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.
Any loans which the Welsh Ministers make under section 11 of this Act shall be repaid to them at such times and by such methods, and interest thereon shall be paid to them at such rates and at such times, as they may from time to time direct.
The Treasury may issue out of the National Loan Fund to the Minister such sums as are necessary to enable him to make loans under section . . . 11 of this Act.
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Such sums as are necessary to enable the Welsh Ministers to make loans under section 11 of this Act may be issued to them out of the Welsh Consolidated Fund.
Any sums received by the Minister under subsection (1) of this section shall be paid into the National Loan Fund . . ..
so much thereof as represents principal shall be applied in redeeming or paying off debt of such description as the Treasury think fit, and
so much thereof as represents interest shall be applied towards meeting such part of the annual charges for the National Debt as represents interest.
The Minister shall, as respects each financial year, prepare in such form and manner as the Treasury may direct an account of sums issued to him under this section and of the sums to be paid into the National Loan Fund under subsection (4) of this section and of the disposal by him of those sums respectively, and send it to the Comptroller and Auditor General not later than the end of November following the year; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.
Any sums received by the Welsh Ministers under subsection (1A) of this section shall be paid into the Welsh Consolidated Fund.
The Welsh Ministers shall, as respects each financial year, prepare an account of sums issued to them under this section and of the sums to be paid into the Welsh Consolidated Fund under subsection (4A) and of the disposal by them of those sums respectively, and send it to the Auditor General for Wales not later than the end of November following the year; and the Auditor General for Wales shall examine, certify and report on the account and lay copies of it, together with his report, before the National Assembly for Wales.
A person who desires to question any such order as follows, namely, a harbour revision or empowerment order (not being one confirmed by Act of Parliament under section 4 or 6 of the Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act) or an order under section 15A of this Act, on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, ... may, within six weeks from the date on which the order becomes operative ... make an application for the purpose to the High Court or the Court of Session, as the case may be.
On an application under the foregoing subsection ... , the court—
may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and
if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.
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may, by interim order, suspend the operation of the provision in question, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and
if satisfied that the interests of the applicant have been substantially prejudiced by failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.
Except as provided by this section, a harbour revision or empowerment order , or an order under section 15A of this Act, shall not, either before or after it is made, be questioned in any legal proceedings whatever, ....
The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed or made by the Minister as they apply to a harbour revision order, with the substitution , in relation to a harbour reorganisation scheme confirmed by the Secretary of State, for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.
In relation to proceedings in Scotland, subsections (1A)(a) ... of this section shall have effect as if the words “by interim order” were omitted.
In the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1).
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.
In the case of an order falling within subsection (7), an environmental organisation is ... to be deemed to have sufficient interest to make an application under subsection (1).
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
Section 17D(3) applies this section to closure orders.
" statutory powers " means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers;
. . . In purported compliance with a requirement imposed under section . . . 41 of this Act, gives any information which he knows to be false in a material particular or makes a statement which he knows to be so false or recklessly gives any information which is so false or recklessly makes any statement which is so false; . . .
" statutory provision " means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act;
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“mooring” includes casting anchor, and
“parent undertaking” and “subsidiary undertaking” have the same meaning as in the Companies Acts (see section 1162 of, and Schedule 7 to, the Companies Act 2006);
Christmas Day or Good Friday, or
if the land is held on a long lease, means the lessee under that lease ; and
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
No person shall disclose any information furnished to him in pursuance of a requirement imposed under section . . . 41 of this Act . . . except— and no person shall disclose anything contained in a forecast furnished to him in pursuance of a requirement under the said section 41 except with the consent of the person by whom the forecast was furnished, in the form of a summary of forecasts so furnished by a number of persons (being a summary framed as mentioned in subsection (1)(b) above), for such a purpose as is mentioned in subsection (1)(c) above or for such purposes as are mentioned in subsection (1)(d) above.
with the consent of the person by whom it was furnished or, as the case may be, carrying on the undertaking to which related the books, records or other documents from which it was obtained; or
in the form of a summary of information so furnished by, or so obtained from documents relating to undertakings carried on by, a number of persons, being a summary so framed as not to enable particulars relating to the business of individual persons to be ascertained therefrom; or
for the purpose of enabling . . . the Minister to discharge . . . his functions under this Act; or
for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid;
If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (which provides for the holding of inquiries for the purposes of that Act)— and subsections (4) and (5) of the said section 250 shall, with the like modifications as those specified in paragraph (a) . . . (ii) above, apply to any hearing caused by the Minister or the Minister of Agriculture, Fisheries and Food to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.
shall apply to an inquiry caused by the Minister or the Minister of Agriculture, Fisheries and Food to be held in England or Wales under any provision of this Act as they apply to an inquiry held under the said section 250, subject to the following modifications, namely,—
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subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted; . . .
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for references to a department, there shall be substituted references to the Council;
subsection (4) shall have effect as if references to the payment of costs by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown had been omitted;
The power to make an order as to costs under section 250(5) of the Local Government Act 1972 as applied by subsection (1) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.
Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (provisions as to local inquiries) shall, subject to the provisions of the next following subsection, apply to an inquiry caused by the Minister or the Secretary of State to be held in Scotland under any provision of this Act as they apply in relation to local inquiries under that section, . . . subject to the following modifications, namely— and subsections (7) and (8) of the said section 210 shall, with the like modification in the case of subsection (7) as is specified in paragraph (b) above, apply to any hearing caused by the Minister or the Secretary of State to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of inquiry) as if the hearing were an inquiry caused by him to be held as aforesaid.
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subsection (7) shall have effect as if references to the payment of expenses by a local authority not being a party to the inquiry and to the recovery of an amount as a debt to the Crown, had been omitted;
In relation to Scotland, any inquiry into an order subject to the provisions of paragraph 4B of Schedule 3 to this Act shall, if the Minister or the Secretary of State so directs, be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936; and where any direction is so given—
it shall be deemed to have been given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945;
the publication and service of the proper notice required in connection with the making of the order or, as the case may be, the confirmation or making of the scheme which is the subject of the inquiry shall be deemed to be sufficient compliance with the requirements of the said section 2 with regard to the giving of notice by advertisement;
the last foregoing subsection shall not apply to such an inquiry; and
the said paragraphs shall have effect as if for any references therein to an inquiry and to the person who held the inquiry there were substituted references to an inquiry by the Commissioners and to the Commissioners.
The power to make an award as to expenses under section 210(8) of the Local Government (Scotland) Act 1973 as applied by subsection (2) above shall be exercisable not only where the inquiry or hearing takes place but also where arrangements are made for it but it does not take place.
Any document required or authorised by this Act to be given to or served on any person may be given or served either by delivering it to that person, or by leaving it at his proper address, or by post by means of the recorded delivery service.
Any such document may also be given to or served on a person (the “recipient”) by means of an electronic communication but only if—
the recipient has given a written statement agreeing to accept service of the document by means of an electronic communication,
the statement has not been withdrawn, and
the document was transmitted in a specified electronic form to a specified electronic address.
Any document required or authorised to be given to or served on a body corporate may be given to or served on the secretary or clerk of that body.
For the purposes of subsection (1A)(c) “specified” means specified by the recipient in a written statement given for the purposes of paragraph (a) of that subsection.
For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of any person to or on whom any such document as aforesaid is to be given or served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and in any other case be the last-known address of the person to be served, subject, however, to this qualification, that, where the person to or on whom the document is to be given or served has, in accordance with arrangements agreed, furnished an address for the giving or service of the document, being an address in the United Kingdom, his proper address for the purposes aforesaid shall be the address furnished.
A document given or served on a recipient in accordance with subsection (1A) must be in a form sufficiently permanent to be used for subsequent reference.
If the name or the address of any owner, lessee or occupier of land to or on whom any such document as aforesaid is to be given or served cannot after reasonable inquiry be ascertained by the authority, body or person seeking to give or serve the document, the document may be given or served by addressing it to the person to or on whom it is to be given or served by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which the document relates, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
Where a document is given to or served on a recipient in accordance with subsection (1A), the document is deemed, unless the contrary is proved, to have been given to or served on the recipient at the time at which the electronic communication is transmitted.
But if the transmission is made outside the recipient’s normal business hours, the document is to be taken to have been given to or served on the recipient on the next working day.
A statement under subsection (1A) may be withdrawn by giving a written notice to the person to whom the statement was made.
A withdrawal under subsection (1F) takes effect on the later of—
the date specified by the person in the notice, and
the date which is fourteen days after the date on which the notice is given.
Subsections (1) to (4) do not apply in relation to a document if—
it is required or authorised by Schedule 3 to be given to or served on a relevant authority, and
the authority, in exercise of a power in Schedule 3, has specified the form in which, or means by which, the document is to be given to or served on it.
In this section —
“relevant authority” means—
It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to— and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.
the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;
the desirability of preserving for the public any freedom of access to places of natural beauty; and
the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;
Where under this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.
Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of an application to the Minister or the Minister of Agriculture, Fisheries and Food for any of the following orders in which provision for the compulsory acquisition of the property is proposed to be included, namely, a harbour revision order, a harbour empowerment order, . . . and of a compulsory acquisition of the property in pursuance of a provision for the compulsory acquisition thereof included in any such order, as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and (in the case of such an acquisition as aforesaid) any notice to treat shall be served accordingly.
Where provision for the compulsory acquisition of land is included in such an order as aforesaid, the order must be so framed as to secure—
that if, at the time of the acquisition of any land in pursuance of that provision, the land is ecclesiastical property, any sum agreed upon or awarded for the acquisition of the fee simple of the land shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated; and
that any sum to be paid by way of compensation for damage sustained by reason of severance or injury affecting land that is ecclesiastical property (being severance or injury arising from the acquisition of land in pursuance of that provision) shall be so paid.
Any sum which, in pursuance of a provision included in an order in compliance with the last foregoing subsection, is paid to the Diocesan Board of Finance for the diocese in which the land is situated with reference to any land shall, if the land is not consecrated, be applied by it for the purposes for which the proceeds of a sale by agreement of the fee simple of the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and if the land is consecrated, be applied by it as if the land had been sold under the Pastoral Measure 1983.
In this section the expression “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject.
For the purposes of this Act, in reckoning any period which is therein, or in an order thereunder, expressed to be a period from a given date, that date shall be excluded.
“marine work” means a marine work as defined in the Harbours Act 1964
Where a harbour owing to the operation of the foregoing subsection has ceased to be a marine work the provisions of the two next following subsections shall have effect in relation to that harbour.
Sections 16 and 18 of the Harbours, Piers and Ferries (Scotland) Act 1937 (deficiency in revenue and levying of rates to meet deficiency) shall continue to apply as they apply to a marine work; and in relation to any works duly authorised for that harbour before the coming into operation of this section, Parts II, III and IV of the said Act of 1937 shall continue so to apply.
Until the coming into operation of an order under this Act of corresponding effect to any provision of Parts II, III and IV of the said Act of 1937, that provision shall continue to apply.
An interest in land in which there is a Crown or Duchy interest may, if the appropriate authority consent to the acquisition thereof, be acquired compulsorily by virtue of this Act, and a power (other than one to acquire land compulsorily) may, if the appropriate authority consent to its being so conferred, be conferred by a harbour revision or empowerment order in relation to land in which there is a Crown or Duchy interest.
In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” has the same meaning as in subsection (2) of section 293 of the Town and Country Planning Act 1990; and the provisions of subsection (3) of that section as to the determination of questions shall apply for the purposes of this section.
In the application of this section to Scotland—
in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;
subsection (2) shall not apply; and
“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty for the purposes of a goverment department, and the “appropriate authority”—
in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown estate means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land or the relevant person; and
in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
If any question arises as to what authority is the appropriate authority in relation to any land for the purposes of the last foregoing subsection, that question shall be referred to the Treasury, whose decision shall be final.
Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of works in pursuance of a harbour revision order and works authorised by a harbour empowerment order, to the person authorised to execute those works.
Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.
A statutory instrument containing an order under section ... , 9(1), 15A, 18(7), ... or 60 of this Act or regulations under section 19, ... or 42 thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (4) applies to any statutory instrument containing—
an order made under section 42A by a relevant authority in relation to a delegable function, or
an order made by any person, by virtue of an order under that section, in the exercise of a delegable function under section 14, 15, 16 or 18.
A statutory instrument to which this subsection applies—
if the relevant authority in relation to the delegable function is the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;
if the relevant authority in relation to the delegable function is the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.
A statutory instrument containing an order under section 40A—
if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,
if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—
where the power is exercised by the Secretary of State—
the regulations are to be made by statutory instrument, and
a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;
where the power is exercised by the Welsh Ministers (see section 17(2C))—
the regulations are to be made by statutory instrument, and
a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;
where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.
In the foregoing subsection, the expression “director” in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.
An order falls within this subsection if—
it authorises the carrying out of work which would constitute a national development; or
it is the subject of a direction by the Scottish Ministers under this paragraph.
In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.
The order is subject to the affirmative procedure.
An order (“the new order”) which revokes, amends or re-enacts an order (“the old order”) which was subject to the affirmative procedure by virtue of subsection (4) above is subject to the procedure in that subsection only if—
the new order authorises the carrying out of work which would constitute a national development (other than a national development to which the old order relates); or
the Scottish Ministers so direct.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:— ... “Act” means an Act of Parliament or an Act of the Scottish Parliament; “the Boards” means ... ... the British Waterways Board and includes ..., the Scottish Transport Group and any subsidiary within the meaning of the Transport Act 1968 of any of those Boards or of that ... Group; “bridleway”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in Part III of the Countryside (Scotland) Act 1967; “charges” includes fares, rates, tolls and dues of every description; “closure order” has the meaning given by section 17A; “the Consolidated Fund” means the Consolidated Fund of the United Kingdom; ... “district board” has the same meaning as in the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951; “dock” means a dock used by sea-going ships; ... “enactment” includes an Act of the Scottish Parliament or an instrument made under such an Act; “first local advertisement” means, in relation to the publication of a notice as respects a harbour or group of harbours, the first publication of the notice in a local newspaper circulating in the locality where the harbour or group is situate; “fish” includes molluscs and crustaceans; “fishery harbour” has the same meaning as in section 21 of the Sea Fish Industry Act 1951; “footpath”, in relation to England and Wales, has the same meaning as in the Highways Act 1980 and, in relation to Scotland, has the same meaning as in the Roads (Scotland) Act 1984; “functions” includes powers and duties; “Gazette and local advertisement” means, in relation to an application, proposed order, order or scheme relating to a harbour or group of harbours, publication in the Gazette and, in each of two successive weeks, in one or more local newspapers circulating in the locality where the harbour or group is situate; “the Gazette” means— in relation to publication of a notice as respects a harbour or group of harbours in England or Wales, the London Gazette; and in relation to the publication of a notice as respects a harbour or group of harbours in Scotland, the Edinburgh Gazette; “goods” includes fish, livestock and animals of all descriptions; “harbour”, except where used with reference to a local lighthouse authority, means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river or inland waterway navigated by sea-going ships, and includes a dock, a wharf, and in Scotland a . . . boatslip being a marine work, and, where used with reference to such an authority, has the same meaning as in the Merchant Shippping Act 1995 “harbour authority” means any person in whom are vested under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order powers or duties of improving, maintaining or managing a harbour; “harbour empowerment order” has the meaning assigned to it by section 16(4) of this Act; “harbour land” means land adjacent to a harbour and occupied wholly or mainly for the purposes of activities there carried on; “harbour operations” means,— the marking or lighting of a harbour or any part thereof; the berthing or dry docking of a ship; the warehousing, sorting, weighing or handling of goods on harbour land or at a wharf; the movement of goods or passengers within the limits within which the person engaged in improving, maintaining or managing a harbour has jurisdiction or on harbour land; in relation to a harbour (which expression for the purposes of this paragraph does not include a wharf)— the towing, or moving of a ship which is in or is about to enter or has recently left the harbour; the loading or unloading of goods, or embarking or disembarking of passengers, in or from a ship which is in the harbour or the approaches thereto; the lighterage or handling of goods in the harbour; and in relation to a wharf,— the towing or moving of a ship to or from the wharf; the loading or unloading of goods, or the embarking or disembarking of passengers, at the wharf in or from a ship; “harbour revision order” has the meaning assigned to it by section 14(1) of this Act; “harbour reorganisation scheme” has the meaning assigned to it by section 18(1) of this Act; “improvement committee” has the meaning assigned to it by section 3(1) of the Land Drainage (Scotland) Act 1958; “land” includes land covered by water; ... “lighthouse” has the same meaning as in the Merchant Shipping Act1995 “local lighthouse authority” means any person having by law or usage authority over local lighthouses, buoys or beacons; “marine work” means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 1159 of the Companies Act 2006 of that Group); which, in the opinion of the Secretary of State and the Minister, is principally used or required for the fishing industry, or which, being situated in one of the following areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute is, in the opinion of the Secretary of State and the Minister, principally used or required for the fishing or agricultural industries or the maintenance of communications between any place in those areas counties and any other place in Scotland; “master”, in relation to a ship, means the person who has command or charge of the ship for the time being; “the Minister” means the Secretary of State for Transport; “owner”, in relation to any land, other than land in Scotland, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease or agreement the unexpired term of which exceeds three years, and in relation to any land in Scotland— unless the land is held on a long lease, means ... the owner of the land; if the land is held on a long lease, means the lessee under that lease; and includes any other person who under the Lands Clauses Acts would be entitled to sell and convey or assign the land or the interest of lessee under such a long lease, as the case may be, to the promoters of an undertaking; and “long lease” means a lease which has been, or is capable of being, registered in the Land Register of Scotland or recorded in the General Register of Sasines under the Registration of Leases (Scotland) Act 1857; “plant or equipment” includes vessels; “port”, where used with reference to a local lighthouse authority, includes place; “provisional order” means an order confirmed by an Act, by the Board of Agriculture and Fisheries, the Minister of Agriculture and Fisheries or the Minister of Agriculture, Fisheries and Food in pursuance of section 2(3)(2) of the Fishery Harbours Act 1915 or by the Secretary of State in pursuance of section 5(5)(ii) of the Harbours, Piers and Ferries (Scotland) Act 1937; “reserved trust port” has the meaning given in section 32 of the Wales Act 2017; “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000; “river purification authority” has the meaning assigned to it by section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951; “river works duties” means duties imposed by an Act to do things of the kinds authorised to be done in exercise of river works powers; “river works powers” means powers conferred by section 17 of the Land Drainage Act 1976 or corresponding provisions of a local Act or under section 67 or by section 69 of the Water Resources Act 1963 or by an improvement order under section 1 of the Land Drainage (Scotland) Act 1958 or by section 13 as read with section 41 of the Salmon Fisheries (Scotland) Act 1868 ... or by any local enactment relating to Scotland which confers powers corresponding to the powers conferred by an improvement order or which contains provisions corresponding to the provisions of the said Acts of 1868 ...; “ship”, where used as a noun, includes every description of vessel used in navigation, seaplanes on the surface of the water and hovercraft within the meaning of the Hovercraft Act 1968; “ship, passenger and goods dues” means, in relation to a harbour, charges (other than any exigible by virtue of section 29 of this Act) of any of the following kinds, namely,— charges in respect of any ship for entering, using or leaving the harbour, including charges made on the ship in respect of marking or lighting the harbour; charges for any passengers embarking or disembarking at the harbour (but not including charges in respect of any services rendered or facilities provided for them); and charges in respect of goods brought into, taken out of, or carried through the harbour by ship (but not including charges in respect of work performed, services rendered or facilities provided in respect of goods so brought, taken or carried); “statutory duties” means, in relation to a harbour authority, duties vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works duties; “statutory powers” means, in relation to a harbour authority, powers vested in them under this Act, by another Act or by an order or other instrument (except a provisional order) made under another Act or by a provisional order, other than river works powers; “statutory provision” means a provision, whether of a general or a special nature, contained in, or in a document made or issued under, this Act or any Act (whether of a general or of a special nature) other than this Act; “wharf” means any wharf, quay, pier, jetty or other place at which sea-going ships can ship or unship goods or embark or disembark passengers.
“electronic address” includes any number or address used for the purpose of receiving electronic communications;
“electronic communication” has the meaning given in section 15 of the Electronic Communications Act 2000;
“statutory harbour undertaking” means an undertaking or part of an undertaking, whose activities consist wholly or mainly of the improvement, maintenance or management of a harbour in the exercise and performance of statutory powers and duties, and “statutory harbour undertaker” shall be construed accordingly.
the Welsh Ministers;
References in this Act to a harbour which is being improved, maintained or managed by a harbour authority in the exercise and performance of statutory powers and duties shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of statutory powers, in the performance of statutory duties or in the exercise and performance of statutory powers and statutory duties, and cognate references shall be similarly construed.
Any reference in this Act to a buoy or beacon shall be construed as including a reference to any other mark or sign of the sea.
Any reference in this Act (elsewhere than in the foregoing provisions of this section or in section 39) to ship, passenger and goods dues shall be construed as including a reference to charges payable by persons using a ferry which is a marine work.
Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.
Any reference in this Act to Canal & River Trust shall be construed as including a reference to any company that is a subsidiary (within the meaning of the Companies Act 2006) of Canal & River Trust.
For the purposes of this Act neither an internal drainage board, the Environment Agency, the Natural Resources Body for Wales, a water undertaker, the Scottish Environment Protection Agency a district board nor an improvement committee shall be taken to be a harbour authority if, apart from this provision, they would only be taken to be such by reason of the fact that river works powers or duties are vested in them; and any reference in this Act to functions of a harbour authority relating to a harbour shall be construed as not including a reference to such powers or duties.
The appropriate Minister may, subject to the provisions of this section, by order repeal or amend any provision relating to a harbour which is contained in a local Act passed before this Act or in a provisional order confirmed or made before this Act or any provision in the Milford Haven Conservancy Act 1958, where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.
The appropriate Minister shall not make an order under this section repealing or amending any provision in a local Act the Bill for which was promoted, or in a provisional order which was applied for, by a harbour authority or by any body who became a harbour authority by virtue of the Act or order or whose functions under the Act or order have became exercisable by a harbour authority, except on the application of that authority.
Before making an order under this section the appropriate Minister shall consult with any harbour authority who appear to him to be concerned, not being an authority by whom an application for the making of the order was made.
An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.
In this section “the appropriate Minister”, except in the case of the repeal or amendment of a provision relating to a fishery harbour or marine work, means the Minister, in the case of the repeal or amendment of a provision relating to a fishery harbour means the Minister of Agriculture, Fisheries and Food, and in the case of the repeal or amendment of a provision relating to a marine work means the Secretary of State.
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.
For the purposes of the promotion of a Bill containing provision for achieving any object that might be achieved by a harbour revision or empowerment order, a harbour reorganisation scheme or an order under section 20 of this Act, it shall be deemed, notwithstanding the passing of this Act, that that object cannot be attained without new authority from Parliament.
For the purposes of obtaining the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936 containing any such provision as aforesaid, it shall be deemed, notwithstanding the passing of this Act, that the objects of that provision cannot be attained without an order confirmed by Parliament under the said Act of 1936.
This Act may be cited as the Harbours Act 1964.
This Act . . . shall not extend to Northern Ireland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 26 to 40 of this Act, and the last foregoing subsection, shall come into operation on such day as the Minister may by order appoint.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Council shall be a body corporate with perpetual succession and a common seal.
Each member of the Council shall hold and vacate office in accordance with the terms of his appointment, but notwithstanding anything in those terms he may at any time resign his office by notice in writing. A person who has held office as a member of the Council shall be eligible for re-appointment.
The Council may act notwithstanding a vacancy amongst the members of the Council, and no act of the Council shall be deemed to be invalid by reason only of a defect in the appointment of any of the members.
In the case of an equality of votes at a meeting of the Council the chairman of the meeting shall have a second or casting vote.
The Council may appoint such committees consisting of members of the Council as the Council think fit and may delegate to a committee appointed under this paragraph any of their powers or duties.
Subject to the foregoing provisions of this Schedule, the Council may determine their own quorum and procedure and the quorum and procedure of committees appointed by them under the last foregoing paragraph.
Part II of Schedule 1 to the House of Commons (Disqualification) Act 1957 (which specifies certain commissions, tribunals and other bodies all members of which are disqualified under that Act) shall, in its application to the House of Commons of the United Kingdom, be amended by inserting, after the entry relating to the National Insurance Advisory Committee, the words " The National Ports Council ".
The Council shall appoint a secretary and may appoint such other officers, and such servants, as the Council may determine. The Council shall—
The application of the seal of the Council shall be authenticated by the signatures of the chairman of the Council or some other member thereof authorised by the Council to authenticate the application of the seal thereof and of the secretary or some person authorised by the Council to act in his stead in that behalf.
Section 14.
Reconstituting the harbour authority by whom the harbour is being improved, maintained or managed or altering their constitution, or establishing, as the harbour authority, in lieu of the existing one, an existing body designated in that behalf or a body constituted for the purpose.
Regulating (in whole or to a less extent) the procedure of, or of any committee of, the authority and fixing the quorum at a meeting of, or of any committee of, the authority.
Varying or abolishing duties or powers imposed or conferred on the authority by a statutory provision of local application affecting the harbour, being duties or powers imposed or conferred for the purpose of—
improving, maintaining or managing the harbour;
marking or lighting the harbour, raising wrecks therein or otherwise making safe the navigation thereof; or
regulating the carrying on by others of activities relating to the harbour or of activities on harbour land.
Imposing or conferring on the authority, for the purpose aforesaid, duties or powers (including powers to make byelaws), either in addition to, or in substitution for, duties or powers imposed or conferred as mentioned in paragraph 3 above.
Transferring from the authority to another or to the authority from another all or any of the property vested in, as the case may be, the authority or that other and held for the purposes of the harbour and, so far as they relate to the transferred property, all or any of the duties and powers imposed and conferred on, as the case may be, the authority or that other by a statutory provision of local application affecting the harbour.
Settling (either for all purposes or for limited purposes) the limits within which the authority are to have jurisdiction or altering (either for all purposes or for limited purposes) such limits as previously settled.
Conferring on the authority power to acquire (whether by agreement or compulsorily) land described in the order, being land required by them for the purpose of its being used as the site of works that they have, or will by virtue of the order have, power to execute or for some other purpose of the harbour.
Extinguishing or diverting public rights of way over footpaths , bridleways or restricted byways for the purposes of works described in the order or works ancillary to such works.
Authorising justices of the peace to appoint, on the nomination of the authority, persons to act as constables within any limits within which the authority have jurisdiction in relation to the harbour and within one mile outside any such limits, and to dismiss persons appointed by virtue of this paragraph, and conferring on persons so appointed, while acting within any such limits as aforesaid or within one mile outside any such limits, the powers which a constable has within his constablewick.
Empowering the authority to dispose of property vested in them and held for the purposes of the harbour which is no longer required for those purposes.
Extinguishing or diverting public rights of way over footpaths or bridleways for the purposes of works described in the order or works ancillary to such works.
Empowering the authority to borrow money, with or without limitation with respect to the amount that may be borrowed or the time or manner in which the power may be exercised.
Extinguishing public rights of navigation for the purposes of works described in the order or works ancillary to such works, or permitting interference with the enjoyment of such rights for the purposes of such works or for the purposes of works carried out by a person authorised by the authority to carry them out.
Empowering the authority to levy at the harbour charges other than ship, passenger and goods dues or varying or abolishing charges (other than as aforesaid) levied by them at the harbour.
Securing the efficient collection of charges levied by the authority at the harbour and specifying the times at which and the persons by whom such charges are to be paid.
Enabling the authority to close part of the harbour or to reduce the facilities available in the harbour.
Regulating the application of moneys in the nature of revenue received by the authority and securing that the financial affairs of the authority are properly managed.
Varying or extinguishing any exemption from charges levied by the authority at the harbour or any other right or privilege enjoyed thereat.
Empowering the authority (alone or with others) to develop land not required for the purposes of the harbour with a view to disposing of the land or of interests in it, and to acquire land by agreement for the purpose of developing it together with such land.
Securing the welfare of the authority’s officers and servants and empowering the authority to provide, or secure the provision of, pensions, gratuities and other like benefits for or in respect of their officers and servants.
Empowering the authority to delegate the performance of any of the functions of the authority except—
a duty imposed on the authority by or under any enactment;
the making of byelaws;
the levying of ship, passenger and goods dues;
the appointment of harbour, dock and pier masters;
the nomination of persons to act as constables;
functions relating to the laying down of buoys, the erection of lighthouses and the exhibition of lights, beacons and sea-marks, so far as those functions are exercisable for the purposes of the safety of navigation.
Extending the time within which anything is required or authorised by a statutory provision of local application affecting the harbour to be done in relation to the harbour by the authority or fixing a time within which anything authorised by the order to be so done must be done.
Any object which, though not falling within any of the foregoing paragraphs, appears to the appropriate Minister to be one the achievement of which will conduce to the efficient functioning of the harbour.
Imposing or conferring on the authority duties or powers (including powers to make byelaws) for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features.
Sections 17, 47
In this Part of this Schedule, references to provisions of the EIA Directive are to be read as if—
in Annex III—
in point 2(c)(v) the reference to Member States were a reference to the Secretary of State;
in point 2(c)(vi) the reference to Union legislation were a reference to retained EU law;
in Annex IV—
in the text following point 5(g) the words “established at Union or Member State level” were omitted;
Relevant information available and obtained through risk assessments pursuant to assimilated law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met.
For purposes of this Part, the effects of a project on the environment include— References to the adverse, likely or significant effects of a project on the environment are to be read accordingly
In this Part of this Schedule— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “EEA Agreement” and “EEA State” have the meanings given in Schedule 1 to the Interpretation Act 1978; “EIA application” means an application for a harbour revision order authorising a project which requires an environmental impact assessment; “the EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment; “the environment” means— population and human health, biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom which implemented the Habitats Directive and the Wild Birds Directive, land, soil, water, air and climate, material assets, cultural heritage and the landscape, and the interaction between the factors referred to in paragraphs (a) to (d); “environmental assessment” means an assessment of the effect of anything on the environment if the assessment is carried out under— assimilated law, or any law of any part of the United Kingdom, other than any law which implemented the EIA Directive; “environmental impact assessment”, in relation to a project, means the process comprising— the preparation of an environmental statement by the applicant, the carrying out of consultations under this Part of this Schedule about the likely significant effects of the project on the environment, the Secretary of State’s consideration of the information about the likely significant effects of the project on the environment (see paragraph 18A(2)), the Secretary of State reaching a reasoned conclusion on the significant effects of the project on the environment (see paragraph 18A(4)), and the Secretary of State’s consideration of that reasoned conclusion when making a decision under paragraph 19 in respect of the application for a harbour revision order authorising the project; “environmental impact assessment”, in relation to a project, means the process comprising— the preparation of an environmental statement by the applicant, the carrying out of consultations under this Part of this Schedule about the likely significant effects of the project on the environment, the Scottish Ministers’ consideration of the information about the likely significant effects of the project on the environment (see paragraph 18A(2)), the Scottish Ministers’ reaching a reasoned conclusion on the significant effects of the project on the environment (see paragraph 18A(4)), and the Scottish Ministers’ consideration of the reasoned conclusion when making a decision under paragraph 19 in respect of the application for a harbour revision order authorising the project; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “environmental statement” has the meaning given in paragraph 8(2); “fishery harbour" has the meaning assigned to it in section 21 of the Sea Fish Industry Act 1951; “the Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; “official website” means a website maintained by or on behalf of the Secretary of State; “official website” means a website maintained by or on behalf of the Scottish Ministers; “project" means— the execution of construction works or other installations or schemes, and other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources; “reasoned conclusion”, in relation to a project, means the conclusion required by paragraph 18A(4); “screening decision” has the meaning given in paragraph 4(4); “relevant project" means a project which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location; “selection criteria" means the criteria set out in Annex III to the EIA Directive; “sensitive area" means any of the following— land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); land within a site of special scientific interest; land in respect of which a nature conservation order or land management order made under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) has effect; land declared to be a national nature reserve under section 35 of that Act; an area to which paragraph (u)(ii) in the table in article 10 of the Town and Country Planning (General Development Procedure) Order 1995 applies; a National Park within the meaning of the National Parks and Access to the Countryside Act 1949; the Broads within the meaning of the Norfolk and Suffolk Broads Act 1988; a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage; a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or section 3 of the Historic Environment (Wales) Act 2023; an area of outstanding natural beauty designated by order under section 87 of the National Parks and Access to the Countryside Act 1949 section 82 of the Countryside and Rights of Way Act 2000 (designation of areas of outstanding natural beauty); a European site within the meaning of regulation 10 of the Conservation (Natural Habitats etc) Regulations 1994; a European site within the meaning of the Conservation of Habitats and Species Regulations 2017 (see regulation 8); an area designated ... as a National Scenic Area by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997; an area designated as a national park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000. “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;
The Secretary of State may direct a person to provide the Secretary of State with such further information as the Secretary of State requires for the purpose of making a screening decision. A direction under sub-paragraph (1) must be given before the end of the period of 90 days beginning with the day on which the Secretary of State is notified of the proposed application under paragraph 3(1)(a). A direction under sub-paragraph (1) must be in writing and must—
The Secretary of State must make a screening decision in respect of a proposed application— But if the Secretary of State gives a direction under paragraph 4A(1) to the proposed applicant, the screening decision in respect of the proposed application is to be made— This paragraph is subject to paragraph 4C.
The Secretary of State, if satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of the project), may extend the period specified in paragraph 4B(1)(b) or (2)(b). If the Secretary of States extends the relevant period, the Secretary of State must inform the proposed applicant, in writing, of—
A project shall be treated for the purposes of this Part as not of a type specified in Annex II to the Directive unless—
the area of the works comprised in the project exceeds 1 hectare,
any part of the works is to be carried out in a sensitive area, or
the Secretary of State determines that the project shall be treated for the purposes of this Part as of a type specified in that Annex.
The Secretary of State must, where necessary, direct an applicant who makes an EIA application to supply the Secretary of State with any information of a type specified in Annex IV to the EIA Directive which is not included in the environmental statement but which— The applicant must supply the Secretary of State with such number of copies of the information as is specified in the direction. For the purposes of sub-paragraph (1), it does not matter whether the information requested is specified in the opinion under paragraph 6(2)(c). A direction under sub-paragraph (1) must specify the information to be supplied. A direction under sub-paragraph (1) or (2) may specify the form in which, or means by which, the information is, or copies of the information are, to be provided (and may specify different forms or means for different documents).
A person may not make an application for a harbour revision order which, directly or indirectly, authorises a project unless— If the project is likely to be of a type specified in Annex I or Annex II to the EIA Directive, the notice given under sub-paragraph (1)(a) — This paragraph does not apply if the Secretary of State gives a direction in respect of the project under paragraph 20A, 20B or 20C (exemptions).
there must be published by the applicant by Gazette and local advertisement and (if so required by the Minister) by such other means as the Minister may specify, a notice stating that application has been made to him for the making of the order, containing a concise summary of the proposed order and (if provision is proposed to be included therein authorising the execution of works or the compulsory acquisition of land) a general description of the nature of the works and the land on which their execution is proposed to be authorised or, as the case may be, of the land whose compulsory acquisition is proposed to be authorised, naming a place where a copy of the draft of the proposed order and (if the application for the order was accompanied by copies of a map or maps) a copy of that map or, as the case may be, copies of those maps may be seen at all reasonable hours and stating that any person who desires to make to the Minister objection to the application should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;
if provision is proposed to be included in the order authorising the compulsory acquisition of land, there must, in the case of each parcel of land whose compulsory acquisition is proposed to be authorised, be served by the applicant on every owner, lessee and occupier (except a tenant for a month or any period less than a month) of that parcel a notice stating that application has been made to the Minister for the making of the order with the inclusion therein of provision authorising the compulsory acquisition of that parcel (describing it), naming a place where a copy of the draft of the proposed order and a copy (on the like scale) of the map that accompanied the application therefor on which the boundaries of that parcel are delineated may be seen at all reasonable hours and stating that, if the person served desires to make to the Minister objection to the application so far as regards the inclusion in the order of provision authorising the compulsory acquisition of that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him;
if the applicant is not the harbour authority, there must be served by the applicant on that authority a copy of the draft order together (if the application for the order was accompanied by copies of a map or maps) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that application has been made to the Minister for the making of the order and that, if the authority desire to make to the Minister objection to the application, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them ;
if the Minister so requires, there must, on any person specified by him, be contemporaneously served by the applicant the like documents as are required to be served in compliance with sub-paragraph (c) above where it applies.
If in respect of a project there is— the Secretary of State must ensure that the assessments are co-ordinated.
a requirement to carry out an environmental impact assessment, and
a requirement to carry out an assessment under the law of any part of the United Kingdom giving effect to the Habitats Directive or the Wild Birds Directive,
Where the Secretary of State is notified of a proposed application under paragraph 3(1)(a), the Secretary of State must decide whether it relates to a project which requires an environmental impact assessment. A project requires an environmental impact assessment if— For the purposes of sub-paragraph (1), the Secretary of State must take into account the results of any relevant environmental assessment which are reasonably available to the Secretary of State. In this Part of this Schedule, “screening decision” means a decision under sub-paragraph (1) of this paragraph.
The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders. Such regulations may—
This paragraph applies if the Secretary of State decides that a proposed application relates to a project which does not require an environmental impact assessment. The Secretary of State must inform the proposed applicant, in writing, of the decision and the reasons for it with reference to the selection criteria (where relevant). The Secretary of State must also publish a notice of the decision which—
shall publish by Gazette and local advertisement a notice stating that the order has been made and naming a place where a copy thereof (and, if a map or maps is or are annexed to the order, a copy of that map or, as the case may be, copies of those maps) may be inspected at all reasonable hours;
shall, if not the harbour authority, serve on that authority a copy of the order, together (if a map or maps is or are annexed to it) with a copy of that map or, as the case may be, copies of those maps;
shall serve a copy of the order, together (if a map or maps is or are annexed to it) with a copy of that map or, as the case may be, copies of those maps, on each person on whom, in compliance with a requirement imposed by virtue of paragraph 3(d) above, a copy of the draft of the order as submitted to the Minister was served.
An applicant shall arrange for a notice to be published—
by Gazette and local advertisement, and
in such other ways as the Secretary of State may direct.
The notice must—
state that an application has been made for the order,
state the Secretary of State’s decision under paragraph 4 and any reasons given under paragraph 6(1),
if the Secretary of State gives a direction in respect of the project under paragraph 20A, 20B, 20C or 20D (exemptions and deferral), state that such a direction has been given,
state whether an environmental statement has been supplied under paragraph 8(1)(a),
where such a statement has been supplied—
provide an address from which a copy of the statement can, until the expiry of the period referred to in head (f), be obtained and information as to the amount of any charge for the provision of such a copy,
provide an address from which further information about the works proposed to be authorised can, until the expiry of that period, be obtained, and
state whether paragraph 16 applies,
contain a concise summary of the draft order,
give a general description of any land proposed for compulsory acquisition and of the nature of any works proposed to be authorised, ...
state that any person who desires to object to the application or to make representations in relation to any environmental statement supplied under paragraph 8(1) should do so in writing to the Secretary of State, specifying (where relevant) the grounds of the objection, before the expiry of the period of 42 days starting with a date specified in the notice, and
provide details of the procedure under this Schedule for dealing with any objection or representations made under head (f).
The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper.
The notice must also specify a place where copies of the following documents can , until the expiry of the period referred to in sub-paragraph (2)(f), be inspected at all reasonable hours—
the draft order,
the decision of the Secretary of State referred to in sub-paragraph (2)(b),
any environmental statement supplied under paragraph 8(1), and
any map accompanying the application.
The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map.
If an applicant publishes a notice which states that an environmental statement has been supplied under paragraph 8(1)(a), the applicant must supply the Secretary of State with a copy of the notice—
as soon as possible, and
in any event within the period of three working days starting with the date specified in accordance with sub-paragraph (2)(f).
In this paragraph and paragraph 10A, “working day” means a day other than—
Saturday or Sunday,
Christmas Day or Good Friday, or
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the harbour, dock or wharf to which the application relates is situated.
The Secretary of State may specify the form in which, and means by which, the copy of the notice is to be provided.
If the Secretary of State receives a copy of a notice from an applicant under paragraph 10(6), the Secretary of State must— A failure to make the documents available throughout the period specified in sub-paragraph (1)(b) is to be disregarded if— The specified documents are— If the size or form of a specified document means that it is not practicable for the document to be made available on the official website—
This paragraph applies if an applicant makes an EIA application and before the Secretary of State makes a decision under paragraph 19(6) in relation to the application— The Secretary of State must— A failure to make the further information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if— If the size or form of any further information means that it is not practicable for it to be made available on the official website—
Where further information is made available on an official website under paragraph 10ZB, the Secretary of State must publish, or direct another person to publish, an information notice. But the Secretary of State is not required to publish, or direct the publication of, an information notice if the Secretary of State considers that the information will be made publicly available at an inquiry or hearing under paragraph 18. An information notice must— The information notice must— The information notice, or a copy of it, must also— Any charge imposed under sub-paragraph (3)(c) must be reasonable. The date specified in accordance with sub-paragraph (3)(d) must be the date on which the notice first appears in a local newspaper. If the Secretary of State directs a person to publish an information notice, the person must supply the Secretary of State with a copy of the notice— The Secretary of State may specify the form in which, and means by which, a copy of an information notice is to be provided.
If the order will authorise the compulsory acquisition of land the applicant shall, in respect to each parcel of land, serve a notice on every owner, lessee and occupier other than a tenant for a month or any period less than a month—
stating that an application has been made to the Secretary of State for the making of an order which will authorise the compulsory acquisition of the parcel,
naming a place where a copy of the draft order may be inspected at all reasonable hours,
naming a place where a copy of any relevant map accompanying the application, drawn to the same scale and delineating the boundaries of the parcel, may be inspected at all reasonable hours, and
stating that if the person on whom the notice is served wishes to object to the application so far as regards the compulsory acquisition of the parcel he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.
If the order will result in the extinguishment or diversion of a public right of way over a footpath or bridleway, the applicant shall—
serve a notice on every local authority for the area in which the footpath or bridleway is situated, and
cause a copy of the notice to be displayed in a prominent position at each end of the part of the footpath or bridleway which would by virtue of the order cease to be subject to the public right of way.
The notice mentioned in sub-paragraph (1) must—
state that an application has been made to the Secretary of State for the making of an order which will result in the extinguishment or diversion of the public right of way over the footpath or bridleway,
name a place where a copy of the draft order may be inspected at all reasonable hours,
name a place where a copy of any relevant map accompanying the application, drawn to the same scale, may be inspected at all reasonable hours, and
state that any person who desires to object to the application, so far as regards the extinguishment or diversion of the public right of way, should do so in writing to the Secretary of State, specifying the grounds of the objection, before the expiry of the period of 42 days starting with—
in the case of a local authority served with a notice under paragraph 12(1)(a), the date on which the notice is served on them, or
in the case of any other person, the date specified in the notice displayed under paragraph 12(1)(b).
In this paragraph “local authority" means—
in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council,
in Wales, a county council, a county borough council and a community council, and
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
This paragraph applies if the Secretary of State decides that the proposed application relates to a project which requires an environmental impact assessment. The Secretary of State must— In giving an opinion under sub-paragraph (2)(c), the Secretary of State must have regard to the information provided by the proposed applicant including in particular any information about— Before giving the opinion the Secretary of State must consult such bodies with environmental responsibilities or local or regional competencies as the Secretary of State considers appropriate.
The following paragraphs in this Part have effect where—
all relevant notices concerning an application for the making of a harbour revision order have been published under paragraph 10(1) , 10A or 16(2)(a),
all notices and other documents which are required to be served under paragraph 11, 12(1), 13(1), 14 or 16(2)(b) have been served, and
every period for the making of objections or representations to the Secretary of State in respect of the application has expired.
The following paragraphs in this Part have effect where—
all relevant notices concerning an application for the making of a harbour revision order have been published under paragraph 10(1) or 16(2)(a),
all notices and other documents which are required to be served under paragraph 11, 12(1), 13(1), 14 or 16(2)(b) have been served, and
every period for the making of objections or representations to the Secretary of State in respect of the application has expired.
This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn. This paragraph does not apply if— Before deciding the application under paragraph 19, the appropriate authority may— If the objection— the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a). If, in a case where sub-paragraph (1C) does not apply,— the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine. The persons within this sub-paragraph are— Where an objector is heard in accordance with sub-paragraph (1B)(b), the appropriate authority shall allow the applicant and such other persons as the authority thinks appropriate to be heard on the same occasion. The appropriate authority may disregard an objection— In this paragraph—
This paragraph applies if an objection to the application was made to the Scottish Ministers and has not been withdrawn.
It does not apply, however, if—
the Scottish Ministers decide that the application is not to proceed further;
they consider the objection is frivolous or trivial;
the objection does not specify the grounds on which it is made; or
the objection was not made within the period allowed for making it.
Before making their decision under paragraph 19, the Scottish Ministers may—
cause an inquiry to be held; or
give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them.
Where— the Scottish Ministers shall, before making their decision under paragraph 19, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (1B)(b).
the objection referred to in sub-paragraph (1) is made by a person within sub-paragraph (1D); and
the person informs the Scottish Ministers in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b),
The persons within this sub-paragraph are—
any council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated; and
the harbour authority;
if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.
Where an objector is heard in accordance with sub-paragraph (1B)(b), the Secretary of State shall allow the applicant and such other persons as he thinks appropriate to be heard on the same occasion.
The Secretary of State may disregard an objection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of an objection about compulsory acquisition, if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.
This paragraph applies where an EIA application is made. The Secretary of State must consider— For the purposes of sub-paragraph (2), an objection, representation, report or part of a report is “relevant” if it concerns the likely significant effects of the project on the environment. Following the consideration required by sub-paragraph (2), the Secretary of State must reach a reasoned conclusion about the likely significant effects of the project on the environment. The Secretary of State must obtain such expert advice as appears to the Secretary of State to be necessary for the purposes of considering the environmental statement.
The Secretary of State must— The matters to be considered in respect of an EIA application are— For the purpose of determining whether it is appropriate to impose a monitoring measure, the Secretary of State must have regard to any existing monitoring arrangements which are carried out in accordance with an obligation under the law of any part of the United Kingdom (other than a provision implementing the EIA Directive). The matters to be considered in respect of an application mentioned in sub-paragraph (1)(b) are— If an application for a harbour revision order relates to a project to be carried out in Scotland, the Scottish Ministers must also consider any written representations— Following the consideration required by sub-paragraph (1), the Secretary of State must decide— Sub-paragraph (6) is subject to paragraph 19A. In this paragraph and paragraph 19A “monitoring measure” means a requirement to monitor any significant adverse effects of a project on the environment.
The Secretary of State must make a decision under paragraph 19(6) in respect of an EIA application only if satisfied that the reasoned conclusion relating to that application is up to date. A reasoned conclusion is to be taken to be up to date if, in the opinion of the Secretary of State, it addresses the likely significant effects of the project on the environment. The Secretary of State may decide to modify an order to include a monitoring measure only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—
The Secretary of State must make the decision required by paragraph 19(6) in respect of an EIA application within a reasonable period of time (having regard to the nature and complexity of the application and the project to which it relates) beginning with the day on which the Secretary of State has all the information needed to make that decision.
This paragraph applies where the Secretary of State makes a decision under paragraph 19(6) in relation to an EIA application. The Secretary of State— The specified information is— A failure to make the specified information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if— The Secretary of State, as soon as reasonably practicable after making the decision, must also publish by Gazette and local advertisement the following information— The Secretary of State must also give notice of the information referred to in sub-paragraph (5) to such bodies likely to have an interest in the project by reason of their environmental responsibilities, or their local or regional competencies, as the Secretary of State considers appropriate.
The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that— The Secretary of State must, as soon as reasonably practicable, send a copy of a direction given under sub-paragraph (1)—
The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that—
the sole purpose of the project is the response to a civil emergency, and
carrying out the assessment would have an adverse effect on the fulfilment of that purpose.
The Secretary of State may direct that an environmental impact assessment is not required for a project if satisfied that— Before giving a direction under sub-paragraph (1), the Secretary of State must consider whether another form of assessment of the effects of the project on the environment would be appropriate. The Secretary of State must— A failure to make information available throughout the period specified in sub-paragraph (3)(c) is to be disregarded if— If the Secretary of State gives a direction under sub-paragraph (1), paragraph 19 applies in relation to the relevant application as if the matters listed in sub-paragraph (4) of that paragraph included any results published under sub-paragraph (3)(b) of this paragraph.
The Secretary of State may give a deferral direction in respect of a project which requires an environmental impact assessment if satisfied that— In this paragraph, “consenting authority”, in relation to a project or an activity, means an authority (including the Secretary of State) whose consent to, or authority for, the project or the activity is required under an enactment (other than this Act). The Secretary of State must— A failure to make a copy of a deferral direction or statement available throughout the period specified in sub-paragraph (3)(b) is to be disregarded if— The effect of a deferral direction is set out in paragraphs 20E to 20G.
If a deferral direction is given in respect of a project (referred to in this Part as a “deferred project”), the following provisions of this Part of this Schedule do not apply in relation to an application for a harbour revision order authorising the deferred project— Paragraph 19 applies to an application for a harbour revision order authorising a deferred project but as if— The specified matters are— For the purpose of determining whether it is appropriate to impose a monitoring measure, the Secretary of State must have regard to any existing monitoring arrangements which are carried out in accordance with an obligation under the law of any part of the United Kingdom (other than a provision implementing the EIA Directive).
The Secretary of State may make an order authorising a deferred project only if satisfied that— A conclusion is to be taken to be up to date for the purposes of sub-paragraph (1)(a) if, in the opinion of the Secretary of State, it addresses the likely significant effects of the project on the environment. The Secretary State must consult the consenting authority if satisfied that it is appropriate to do so for the purposes of sub-paragraph (1)(b).
The Secretary of State must make the decision required by paragraph 19(6) in respect of an application for an order authorising a deferred project within a reasonable period of time (having regard to the nature and complexity of the application and the project to which it relates) beginning with the day on which the Secretary of State has all the information needed to make that decision.
Where the Secretary of State proposes to make the order applied for with modifications which appear to him substantially to affect the character of the order he— The Secretary of State shall not make the order with a modification authorising the compulsory acquisition of land that was not described in the draft submitted to him as land subject to be acquired compulsorily, unless all persons interested consent.
This paragraph applies where the Secretary of State makes an order which authorises the compulsory purchase of land and is— The order shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 18 or 19 of the Acquisition of Land Act 1981 or paragraph 5 or 6 of Schedule 3 to that Act (National Trust land, commons etc), if it were an order under section 2(1) of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As soon as possible after a harbour revision order has been made, the applicant shall— The notice mentioned in sub-paragraph (1)(a) must— Sub-paragraphs (2B) to (2F) apply where a harbour revision order— The applicant must serve the notice on any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers). The notice must— The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under section 15(4)(e) of the Acquisition of Land Act 1981, subject to any necessary modifications. The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form that is prescribed under section 15(4)(f) of the Acquisition of Land Act 1981, subject to any necessary modifications. The applicant must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates. For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant”—
As soon as possible after a harbour revision order has been made , or where (by virtue of section 54A(4) of this Act) the order is subject to the affirmative procedure a draft statutory instrument containing it has been laid before the Scottish Parliament, the applicant shall—
publish a notice by Gazette and local advertisement,
serve on the harbour authority (unless the applicant is the harbour authority) a copy of the order and a copy of any map annexed to it,
serve a copy of the order and of any map annexed to it on each local authority on whom, in compliance with a requirement imposed by virtue of paragraph 12, a notice was served, and
serve a copy of the order and of any map annexed to it on each person on whom, in compliance with a requirement imposed by virtue of paragraph 14, a copy of the draft order was served.
The notice mentioned in sub-paragraph (1)(a) must—
state that the order has been made , or as the case may be that a draft statutory instrument containing it has been laid before the Scottish Parliament,
name a place where a copy of the order and any map annexed to it may be inspected at all reasonable hours,
if subsection (4) of section 54A of this Act does not apply to the statutory instrument containing the order, give information regarding—
the date on which the order comes into operation, and
the right to challenge the validity of the order and the procedure for doing so, and
if that subsection does apply to the order, state that the order cannot be made unless the Scottish Parliament, by resolution, approves the draft statutory instrument containing it.
Where a harbour revision order is subject to the affirmative procedure by virtue of section 54A(4) of this Act, as soon as possible after the order has been made or the Scottish Parliament has decided not to approve the draft statutory instrument containing it, the applicant for that order shall publish by Gazette and local advertisement a notice—
stating that the order has been made, or as the case may be that the Scottish Parliament has decided not to approve the draft statutory instrument containing it, and
where the order has been made, providing information regarding—
the place where a copy of the order and any map annexed to it may be inspected at all reasonable hours,
the date on which the order comes into operation, and
the right to challenge the validity of the order and the procedure for doing so.
This paragraph applies where application is made to the Secretary of State for a harbour revision order which will authorise the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking. If on a representation made to it the appropriate authority is satisfied— the order shall not be so made as to authorise the acquisition of any such land unless sub-paragraph (3) applies. This sub-paragraph applies where that authority certifies that the nature and situation of the land are such— The representation mentioned in sub-paragraph (2) must be made before the expiry of the period of 42 days starting with the date on which the notice that the application has been made for the order first appears in a local newspaper. In this paragraph “statutory undertakers" means any person authorised by an Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to carry on any of the following undertakings— In this paragraph, “the appropriate authority" means—
Where the Secretary of State proposes to make a harbour revision order of his own motion, he shall first— The notice mentioned in sub-paragraph (1)(a) must— The date specified in accordance with sub-paragraph (2)(d) must be the date on which the notice first appears in a local newspaper. The notice mentioned in sub-paragraph (1)(b) must—
An application for a harbour revision order must be accompanied by— The Secretary of State may specify the form in which, or means by which, any document mentioned in sub-paragraph (1) is to be provided (and may specify different forms or means for different documents).
publish by Gazette and local advertisement and by such (if any) other means as he thinks fit a notice stating that he proposes to make the order, containing a concise summary of the provisions to be embodied in it, naming a place where a copy of the draft of the proposed order may be seen at all reasonable hours and stating that any person who desires to make to him objection to the proposal should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;
serve on the harbour authority and on such (if any) other persons as he thinks ought to have notice of the proposal a copy of the draft of the proposed order together with a notice stating that he proposes to make the order and that if the person served desires to make to the Minister objection to the proposal he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him.
The following paragraphs in this Part have effect where—
This paragraph applies if an objection to the proposal was made to the proposing authority and has not been withdrawn. This paragraph does not apply if— Before deciding the application under paragraph 29, the proposing authority may— If the objection was made by the Welsh Ministers to the Secretary of State, the Secretary of State must cause an inquiry to be held under sub-paragraph (3)(a). Where— the proposing authority must either cause an inquiry to be held under sub-paragraph (3)(a) or cause the objection to be dealt with in accordance with sub-paragraph (3)(b), as the proposing authority may determine. The persons within this sub-paragraph are— Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion. In this paragraph—
This paragraph applies if an objection to the proposal was made to the Scottish Ministers and has not been withdrawn.
It does not, however, apply if—
the Scottish Ministers decide that the proposal is not to proceed further;
they consider the objection is frivolous or trivial;
the objection does not specify the grounds on which it is made; or
the objection was not made within the period allowed for making it.
Before making their decision under paragraph 29, the Scottish Ministers may—
cause an inquiry to be held; or
give to the person who made the objection referred to in sub-paragraph (1) an opportunity of appearing before and being heard by a person appointed by them.
Where— the Scottish Ministers shall, before making their decision under paragraph 29, either cause an inquiry to be held or, if they so determine, cause the objection to be dealt with in accordance with sub-paragraph (3)(b).
the objection referred to in sub-paragraph (1) is made by a council constituted under the Local Government etc. (Scotland) Act 1994 (c. 39) for an area in which the harbour (or any part of it) is situated or by the harbour authority; and
the council or the authority informs the Scottish Ministers in writing that it wishes the objection to be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),
Where an objector is heard in accordance with sub-paragraph (3)(b), the Scottish Ministers shall allow such other persons as they think appropriate to be heard on the same occasion.
If an applicant makes an EIA application, the applicant must— In this Part of this Schedule, “environmental statement” means a statement which— The specified information is— The environmental statement must be accompanied by a statement from the applicant setting out the relevant expertise or qualifications of the experts who prepared the environmental statement. The Secretary of State may specify the form in which, or means by which, an environmental statement, a statement under sub-paragraph (4) or a copy of an environmental statement, is to be provided (and may specify different forms or means for different documents).
The Secretary of State shall consider— Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—
The Secretary of State shall consider—
any objections made and not withdrawn, ...
the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 28 ; and
any written representations submitted to the Scottish Ministers by an objector in elaboration of the objection.
Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—
not to make the order proposed,
to make the order in the form of the draft, or
to make it with modifications.
The Secretary of State must not consider an application for a harbour revision order unless the applicant—
pays any fee which is due under paragraph 7(1)(c),
complies with any direction under paragraph 7(2),
if the application is an EIA application—
supplies an environmental statement, and
complies with any direction under paragraph 8A(1), and
complies with any relevant requirements of paragraphs 10 to 14.
Where the Secretary of State proposes to make the order with modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he—
shall take such steps as appear to him to be sufficient and reasonably practicable for informing persons likely to be concerned, and
shall not make the order or, if the order is subject to the affirmative procedure, lay before the Scottish Parliament a draft statutory instrument containing it, until a reasonable period for consideration of, and comment upon, the proposed modifications by those persons has expired.
As soon as possible after a harbour revision order has been made by the Secretary of State of his own motion he shall— The notice mentioned in sub-paragraph (1)(a) must—
As soon as possible after a harbour revision order has been made by the Secretary of State of his own motion he shall—
publish a notice by Gazette and local advertisement, and
serve a copy of the order on each person on whom notice was served under paragraph 26(1)(b).
The notice mentioned in sub-paragraph (1)(a) must contain the information specified in paragraph 24(2).
Sub-paragraphs (2B) and (3) apply in relation to a harbour revision order where—
the Scottish Ministers have proposed to make the order of their own motion, and
the order is subject to the affirmative procedure by virtue of section 54A(4) of this Act.
The reference in sub-paragraph (1) to the order having been made by the Secretary of State of his own motion is to be read as a reference to a draft statutory instrument containing the order having been laid before the Scottish Parliament.
As soon as possible after the order is made or the Scottish Parliament has decided not to approve a draft statutory instrument containing the order, the Scottish Ministers shall publish by Gazette and local advertisement a notice containing the information specified in head (a) of sub-paragraph (3) of paragraph 24 and, if appropriate, that specified in head (b) of that sub-paragraph.
An applicant shall arrange for a notice to be published— The notice must— Any charge imposed as mentioned in sub-paragraph (2)(ca)(i) must be reasonable. The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper. The notice must also specify a place where copies of the following documents can , until the expiry of the period referred to in sub–paragraph (2)(f), be inspected at all reasonable hours— The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map. If an applicant publishes a notice which states that an environmental statement has been supplied under paragraph 8(1)(a), the applicant must supply the Secretary of State with a copy of the notice— In this paragraph and paragraph 10A, “working day” means a day other than— The Secretary of State may specify the form in which, and means by which, the copy of the notice is to be provided.
The modifications subject to which Part I of this Schedule is, by virtue of section 17(1)(g) of this Act, to have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State are those set out in this paragraph. For references to a harbour revision order there shall be substituted references to a harbour empowerment order. For paragraphs 13 and 14 there shall be substituted— Paragraph 18(1D)(aa) shall be omitted. Paragraph 24(1)(b) shall be omitted, and for the reference, in paragraph 24(1)(d), to paragraph 14, there shall be substituted a reference to paragraph 13(1).
If the order will authorise the compulsory acquisition of land the applicant shall, in respect to each parcel of land, serve a notice on every owner, lessee, tenant (whatever the tenancy period) and occupier—
stating that an application has been made to the Secretary of State for the making of an order which will authorise the compulsory acquisition of the parcel,
naming a place where a copy of the draft order may be inspected at all reasonable hours,
naming a place where a copy of any relevant map accompanying the application, drawn to the same scale and delineating the boundaries of the parcel, may be inspected at all reasonable hours, and
stating that if the person on whom the notice is served wishes to object to the application so far as regards the compulsory acquisition of the parcel he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.
If the order will result in the extinguishment or diversion of a public right of way over a footpath , bridleway or restricted byway, the applicant shall— The notice mentioned in sub-paragraph (1) must— In this paragraph “local authority" means—
If the applicant is not the harbour authority, the applicant shall serve on that authority a copy of the draft order and of any map accompanying the application together with a notice stating— The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map.
The Secretary of State may require the applicant to serve on any specified person within any specified period of time the documents required to be served under paragraph 13.
The Secretary of State, before determining an application, must— The information is—
This paragraph applies where— The Secretary of State shall— The particulars referred to in sub-paragraph (2)(a) and (b) are— The information to be served on an EEA State which indicates, in accordance with sub-paragraph (2)(c), that it wishes to be consulted in accordance with sub-paragraph (6) is— but only to the extent that such information has not already been provided to the EEA State in accordance with sub-paragraph (2)(b). The Secretary of State shall also— The Secretary of State shall— Where an EEA State has been consulted in accordance with sub-paragraph (6), on the determination of the application the Secretary of State shall inform the EEA State of the decision and send it a statement giving—
Sections 18 and 47.
The submission to the Minister of a harbour reorganisation scheme shall be effected by depositing with him not less than six copies of the scheme together with not less than six copies of any map or maps which, if the scheme is confirmed in the form submitted, will be required to be annexed to it.
The submission to the Minister of a harbour reorganisation scheme shall be effected by depositing with him a copy of the scheme together with a copy of any map or maps which, if the scheme is confirmed in the form submitted, will be required to be annexed to it.
Where effect has been given to paragraph 2 above in the case of a harbour reorganisation scheme submitted to the Minister and the time for the due making to the Minister of objection to the scheme has elapsed, the following provisions of this paragraph shall have effect.
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If ... objections thereto that were duly made to the Minister have not been withdrawn, he shall, unless he decides that the scheme shall not proceed further and subject to sub-paragraph (5A) below, cause ... each objection so made and not withdrawn to be considered— unless, in his opinion, it is frivolous or too trivial to warrant being considered in any of these ways ....
at an inquiry;
at a hearing before a person appointed by the Scottish Ministers; or
by way of written representations,
The Scottish Ministers are not to cause to be considered by way of written representations under sub-paragraph (5)(c) above an objection made by a harbour authority on whom a copy of the scheme was served under paragraph 2(d) above.
After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State if he then decides to confirm the scheme, may by order confirm it without modifications or (subject to the restrictions imposed by sub-paragraph (7) below) with such modifications as he thinks fit.
Where the Minister proposes to confirm the scheme with modifications which appear to him substantially to affect the character of the scheme as submitted to him, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing them that submitted the scheme to him, and other persons likely to be concerned, and shall not confirm the scheme until such period for consideration of, and comment upon, the proposed modifications by them that submitted the scheme and those other persons as he thinks reasonable has elapsed; nor shall he confirm the scheme subject to a modification that results in its including provision transferring an interest of a person in property that was not described in the scheme as submitted to him as being property in which interests of that person were subject to be transferred unless that person consents to its being so confirmed.
The Minister may disregard for the purposes of this paragraph an objection to the scheme unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the scheme of a provision transferring interests of a person in any property if he is satisfied that the objection relates exclusively to matters in respect of which compensation falls to be provided under the scheme and that the scheme is so framed as to enable those matters to be properly dealt with.
Where a harbour reorganisation scheme is submitted to the Minister he shall take it into consideration and, if he decides that it should proceed,—
he shall publish by Gazette and local advertisement and by such (if any) other means as he thinks fit a notice stating that the scheme has been submitted to him, containing a concise summary of it and, if it provides for transferring interests in land, a general description of the land interests in which are to be transferred, naming a place where a copy of the scheme and (if copies of a map or maps were deposited with it) a copy of that map or, as the case may be, copies of those maps may be seen at all reasonable hours and stating that any person who desires to make to him objection to the scheme should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement; and
if provision is included in the scheme for transferring interests in land, he shall, in the case of each parcel of land interests in which are to be transferred, serve on the owner of each interest to be transferred a notice stating that the scheme has been submitted to the Minister and includes provision transferring the interest in that parcel (describing it) of the person served, naming a place where a copy of the scheme and a copy (on the like scale) of the map deposited therewith on which the boundaries of that parcel are delineated may be seen at all reasonable hours, and stating that, if the person served desires to make to the Minister objection to the scheme so far as regards the inclusion therein of provision transferring his interest in that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him; and
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..., he shall on each (if any there be) of the harbour authorities who between them are engaged in improving, maintaining or managing the several harbours comprised in the group and are not parties to the submission of the scheme, and, if a local lighthouse auithority who are not a harbour authority are affected by the scheme, on them, contemporaneously serve a copy of the scheme, together (if copies of a map or maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them.
References to confirming a scheme shall be construed as references to making a scheme.
Paragraph 1 shall be ommitted.
In paragraph 2—
for the opening words down to “proceed” there shall be substituted “Where the Secretary of State proposes to make, of his own motion, a harbour reorganisation scheme”;
for the words “has been submitted to” wherever occurring there shall be substituted the words “is proposed to be made by” and in sub-paragraph (d) the words “and are not parties to the submission of the scheme” shall be ommitted;
for any reference in sub-paragraph (a), (b) or (d) to a map deposited with the scheme there shall be substituted a reference to a map to be annexed to the scheme.
In paragraph 3—
in sub-paragraph (1) for the words “submitted to” there shall be substituted the words “proposed to be made by”;
in sub-paragraph (7) for the words “as submitted to him” there shall be substituted the words “as served under paragraph 2(d) above on the authorities there mentioned”, and there shall be omitted the words “that submitted the scheme to him” and the words “that submitted the scheme”.
In paragraph 4 for the words “submitted to” there shall be substituted the words “proposed to be made by.”
Where effect has been given to paragraph 2 above in the case of a harbour reorganisation scheme submitted to the Minister and the time for the due making to the Minister of objection to the scheme has elapsed, the following provisions of this paragraph shall have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If ... objections thereto that were duly made to the Minister have not been withdrawn, he shall, unless he decides that the scheme shall not proceed further, cause an inquiry to be held with respect to each objection so made and not withdrawn unless, in his opinion, it is frivolous or too trivial to warrant the holding of an inquiry with respect thereto .... After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State if he then decides to confirm the scheme, may by order confirm it without modifications or (subject to the restrictions imposed by sub-paragraph (7) below) with such modifications as he thinks fit. Where the Minister proposes to confirm the scheme with modifications which appear to him substantially to affect the character of the scheme as submitted to him, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing them that submitted the scheme to him, and other persons likely to be concerned, and shall not confirm the scheme until such period for consideration of, and comment upon, the proposed modifications by them that submitted the scheme and those other persons as he thinks reasonable has elapsed; nor shall he confirm the scheme subject to a modification that results in its including provision transferring an interest of a person in property that was not described in the scheme as submitted to him as being property in which interests of that person were subject to be transferred unless that person consents to its being so confirmed. The Minister may disregard for the purposes of this paragraph an objection to the scheme unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the scheme of a provision transferring interests of a person in any property if he is satisfied that the objection relates exclusively to matters in respect of which compensation falls to be provided under the scheme and that the scheme is so framed as to enable those matters to be properly dealt with.
So soon as may be after a harbour reorganisation scheme has been confirmed by the Minister, he shall publish by Gazette and local advertisement a notice stating that it has been confirmed and naming a place where a copy of it in the form in which it was confirmed (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) may be inspected at all reasonable hours, and shall serve a copy of the scheme in the form aforesaid (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) on each authority on whom a copy of the scheme as submitted to the Minister was served in compliance with a requirement imposed by paragraph 2 ... (d) above ....
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An application for a control of movement order must be accompanied by not less than six copies of a draft of the proposed order and not less than six copies of any map or maps which, if the order is made in the form of the draft, will be required to be annexed to it.
Where an application for a control of movement order is duly made to the Minister, he shall take it into consideration and shall give notice to the applicant of his decision either that he refuses the application or that it is (without prejudice, however, to subsequent refusal thereof) to be allowed to proceed.
Where an applicant for a control of movement order is given notice under paragraph 2 above that his application is to be allowed to proceed, compliance with the requirement of sub-paragraph (a) below and with such of the requirements of sub-paragraphs (b) and (c) below as are applicable in the circumstances shall be a condition precedent to the taking by the Minister of further steps in the matter of the application, that is to say:—
there must be published by the applicant by Gazette and local advertisement and (if so required by the Minister) by such other means as the Minister may specify, a notice stating that application has been made to him for the making of the order, containing a concise summary of the order and (if provision is proposed to be included therein authorising the compulsory acquisition of land) a general description of the land whose compulsory acquisition is proposed to be authorised, naming a place where a copy of the draft of the proposed order and (if the application for the order was accompanied by copies of a map or maps) a copy of that map or, as the case may be, copies of those maps may be seen at all reasonable hours and stating that any person who desires to make to the Minister objection to the application should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;
if provision is proposed to be included in the order authorising the compulsory acquisition of land, there must, in the case of each parcel of land whose compulsory acquisition is proposed to be authorised, be served by the applicant on every owner, lessee and occupier (except a tenant for a month or any period less than a month) of that parcel a notice stating that application has been made to the Minister for the making of the order with the inclusion therein of provision authorising the compulsory acquisition of that parcel (describing it), naming a place where a copy of the draft of the proposed order and a copy (on the like scale) of the map that accompanied the application for the order on which the boundaries of that parcel are delineated may be seen at all reasonable hours and stating that, if the person served desires to make to the Minister objection to the application so far as regards the inclusion in the order of provision authorising the compulsory acquisition of that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him;
if the Minister so requires, there must, on any person specified by him, be served by the applicant a copy of the draft order together (if the application for the order was accompanied by a copy of a map or copies of maps) with a copy of that map or copies of those maps and, in any event, with a notice stating that application has been made to the Minister for the making of the order and that, if he desires to make to the Minister objection to the application, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him.
Where the proper notices concerning an application for the making of a control of movement order have been published under paragraph 3 above, and all persons required thereunder to be served in the case of the application with notices and other documents have been properly served therewith, and the time for the due making to the Minister of objection to the application has elapsed, the following provisions of this paragraph shall have effect. If no objections to the application were duly made to the Minister or if all objections to the application that were duly made to him have been withdrawn, the Minister, unless he decides not to make the order, may make the order applied for in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (5) of this paragraph and by paragraph 6 below) in that form but subject to such modifications as he minks fit. If objections to the application were duly made to the Minister and have not been withdrawn, the Minister, unless he decides that the application shall not proceed further.— and, after effect has been given to the foregoing provisions of this sub-paragraph, shall consider the objections so made and not withdrawn and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector and, having done so, unless he decides not to make the order, may make the order applied for in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (5) of this paragraph and by paragraph 6 below) in that form but subject to such modifications as he thinks fit. Where an objector to the application avails himself of an opportunity of- being heard afforded to him in pursuance of sub-paragraph (3)(a) above, the Minister shall afford to the applicant, and to any other persons to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion. Where the Minister proposes to make the order with modifications which appear to him substantially to affect the character of the order as applied for, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing the applicant and other persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modifications by the applicant and those other persons as he thinks reasonable has elapsed ; nor shall he, unless all persons interested consent, so make the order as to authorise the compulsory acquisition of any land that was not described in the draft submitted to him as being land subject to be acquired compulsorily. The Minister may disregard for the purposes of this paragraph an objection to the application unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the draft order of a provision authorising the compulsory acquisition of land if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.
So soon as may be after a control of movement order has been made, the applicant for it shall publish by Gazette and local advertisement a notice stating that the order has been made and naming a place where a copy thereof and of any map or maps annexed thereto may be inspected at all reasonable hours and shall serve a copy of the order (and, if a map or maps is or are annexed to it, a copy of that map or, as the case may be, copies of those maps) on each person on whom a copy of the draft of the proposed order was served in compliance with a requirement imposed by virtue of paragraph 3(c) above.
In this paragraph " statutory undertakers " and " the appropriate Minister " have the same meanings respectively as in paragraph 6 of Schedule 3 to this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order.
An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”).
The delegate—
must comply with the order, and
is to be taken to have all the powers necessary to do so.
For so long as an order under subsection (1) remains in force, the functions designated in the order— This subsection is subject to subsections (5) and (6).
are exercisable by the delegate acting on behalf of the authority, and
are not exercisable by the authority.
The delegate must obtain the consent of the relevant authority before exercising any function under—
section 15;
section 15A;
section 18.
Subsection (4)(b) does not apply to any function under—
section 15;
section 15A;
section 18.
If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person.
Subsection (7) does not apply to a reference in paragraph 20A of Schedule 3 to the Secretary of State or the Welsh Ministers.
An order under subsection (1) may make different provision for different cases, different areas or different persons.
The delegable functions are functions under the following sections—
section 14 (making harbour revision orders, except as mentioned in paragraph (b) below);
section 15 (making harbour revision orders for limited purposes for securing harbour efficiency);
section 15A (making orders varying powers of appointment in the constitutions of harbour authorities);
section 16 (making harbour empowerment orders);
section 18 (confirming or making harbour reorganisation schemes);
section 60 (making orders amending Acts of local application).
In this section “the relevant authority”, in relation to any delegable function, means the authority by whom (apart from any order under subsection (1)) the function is exercisable.
This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 42A by a relevant authority.
The authority may from time to time give directions to the person with respect to the performance of the functions.
A person to whom directions are given under this section must comply with the directions.
An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.
This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—
any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales;
any instrument made under that Act by the Welsh Ministers;
any statutory provision of local application made by the Welsh Ministers.
This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers.
The references in subsections (1)(c) and (2) to a statutory provision of local application do not include a harbour revision order, a harbour empowerment order or a harbour reorganisation scheme.
The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies.
The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme.
In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.
This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—
any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England;
any instrument made under that Act by the Secretary of State;
any statutory provision of local application made by the Secretary of State.
This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Secretary of State.
The references in subsections (1)(c) and (2) to a statutory provision of local application do not include a harbour revision order, a harbour empowerment order or a harbour reorganisation scheme.
The Welsh Ministers must notify the Secretary of State of any intention to make an order or scheme to which this section applies.
The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Secretary of State refuses consent to the inclusion of that provision in the order or scheme.
In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.