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A | |
Bill | |
To | |
Amend the procedure for dealing with applications for orders under section | |
14 or 16 of the Harbours Act 1964 and for making orders under section 15 of | |
that Act; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
1 Amendment of procedure for dealing with applications for harbour orders | |
(1) Paragraph 18 of Schedule 3 to the 1964 Act (which provides for the holding of | |
an inquiry or public hearing where an objection is made to an application for a | |
harbour revision or empowerment order and is not withdrawn) shall be | |
amended as follows. | 5 |
(2) For sub-paragraph (1) there shall be substituted— | |
“(1) This paragraph applies if an objection to the application was made to | |
the Secretary of State and has not been withdrawn unless— | |
(a) he decides that the application shall not proceed further, | |
(b) he considers the objection is frivolous or trivial, | 10 |
(c) the objection does not specify the grounds on which it is | |
made, or | |
(d) the objection was not made within the period allowed for | |
making it. | |
(1A) Before making his decision under paragraph 19, the Secretary of | 15 |
State may— | |
(a) cause an inquiry to be held, or | |
(b) 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 the Secretary of | 20 |
State. | |
(1B) Where— | |
(a) the objection referred to in sub-paragraph (1) is made by a | |
person within sub-paragraph (1C), and | |
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(b) that person informs the Secretary of State in writing that he | |
wishes the objection to be referred to an inquiry or dealt | |
with in accordance with sub-paragraph (1A)(b), | |
the Secretary of State shall, before making his decision under | |
paragraph 19, either cause an inquiry to be held or, if he so | 5 |
determines, cause the objection to be dealt with in accordance with | |
sub-paragraph (1A)(b). | |
(1C) The persons within this sub-paragraph are— | |
(a) any local authority for an area in which the harbour (or any | |
part of it) is situated, and | 10 |
(b) if the Order will authorise the compulsory acquisition of | |
land, any person who is entitled to be served with notice | |
under paragraph 11.” | |
(3) In sub-paragraph (2), for “sub-paragraph (1)(a)” there shall be substituted | |
“sub-paragraph (1A)(b)”. | 15 |
(4) In sub-paragraph (3), paragraph (a) is repealed. | |
(5) After that sub-paragraph, there shall be inserted— | |
“(4) In this paragraph “local authority” means— | |
(a) in England, a county council, a district council, a London | |
borough council, the Common Council of the City of London, | 20 |
the Council of the Isles of Scilly, a parish council and a parish | |
meeting of a parish not having a separate parish council, and | |
(b) in Wales, a county council, a county borough council and a | |
community council.” | |
2 Amendment of procedure where harbour revision orders are made by the | 25 |
Secretary of State of his own motion | |
(1) For paragraph 28 of Schedule 3 to the 1964 Act there shall be substituted— | |
“28 (1) This paragraph applies if an objection to the proposal was made to | |
the Secretary of State and has not been withdrawn unless— | |
(a) he decides that the proposal shall not proceed further, | 30 |
(b) he considers the objection is frivolous or trivial, | |
(c) the objection does not specify the grounds on which it is | |
made, or | |
(d) the objection was not made within the period allowed for | |
making it. | 35 |
(2) Before making his decision under paragraph 29, the Secretary of | |
State may— | |
(a) cause an inquiry to be held, or | |
(b) give to the person who made the objection referred to in sub- | |
paragraph (1) an opportunity of appearing before and being | 40 |
heard by a person appointed by the Secretary of State. | |
(3) Where— | |
(a) the objection referred to in sub-paragraph (1) is made by a | |
local authority for an area in which the harbour (or any part | |
of it) is situated; and | 45 |
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(b) the local authority informs the Secretary of State that the | |
authority wishes the objection to be referred to an inquiry or | |
dealt with in accordance with sub-paragraph (2)(b), | |
the Secretary of State shall, before making his decision under | |
paragraph 29, either cause an inquiry to be held or, if he so | 5 |
determines, cause the objection to be dealt with in accordance with | |
sub-paragraph (2)(b). | |
(4) Where an objector is heard in accordance with sub-paragraph (2)(b), | |
the Secretary of State shall allow such other persons as he thinks | |
appropriate to be heard on the same occasion. | 10 |
(5) In this paragraph “local authority” has the same meaning as in | |
paragraph 18(4).” | |
(2) In paragraph 29 of that Schedule (decision on harbour revision order proposed | |
by Secretary of State), in sub-paragraph (1)(b), after “inquiry” there shall be | |
inserted “and of any person appointed for the purpose of hearing an objector”. | 15 |
3 Interpretation | |
In this Act “the 1964 Act” means the Harbours Act 1964 (c. 40). | |
4 Short title, commencement, transitional provision and extent | |
(1) This Act may be cited as the Harbours Act 2003. | |
(2) This Act shall come into force on the expiration of the period of two months | 20 |
beginning with the date on which it is passed. | |
(3) Nothing in this Act applies— | |
(a) in relation to an application for an order under section 14 or 16 of the | |
1964 Act which is made before this Act comes into force; or | |
(b) in relation to a proposal by the Secretary of State to make a harbour | 25 |
revision order of his own motion in respect of which a notice is | |
published in the London Gazette under paragraph 26(1)(a) of Schedule | |
3 to the 1964 Act before this Act comes into force. | |
(4) This Act does not extend to Scotland or Northern Ireland. | |
