|
|
|
| |
|
|
|
|
|
|
|
|
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order and is not withdrawn) shall be |
|
|
|
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Secretary of State and has not been withdrawn unless— |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 |
|
|
|
|
(d) |
the objection was
not made within the period allowed for |
|
|
|
|
(1A) |
Before making
his decision under paragraph 19, the Secretary of |
|
15 |
|
|
(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 |
|
|
|
|
(a) |
the objection referred
to in sub-paragraph (1) is made by a |
|
|
person
within sub-paragraph (1C), and |
|
|
| |
|
|
|
|
|
|
|
| |
(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 |
|
|
|
|
(1C) |
The persons within
this sub-paragraph are— |
|
|
(a) |
any local authority
for an area in which the harbour (or any |
|
|
|
10 |
(b) |
the relevant nature
conservation body, and |
|
|
(c) |
if the Order will
authorise the compulsory acquisition of |
|
|
land,
any person who is entitled to be served with notice |
|
|
|
|
(3) |
In sub-paragraph (2), for
“sub-paragraph (1)(a)” there shall be substituted
|
|
15 |
|
|
(4) |
In sub-paragraph (3), paragraph
(a) is repealed. |
|
|
(5) |
After that sub-paragraph,
there shall be inserted— |
|
|
|
|
(a) |
“local authority”
means— |
|
20 |
(i) |
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, and |
|
25 |
(ii) |
in Wales, a
county council, a county borough council |
|
|
and
a community council, and |
|
|
(b) |
“the relevant
nature conservation body” means— |
|
|
(i) |
if the harbour
(or any part of it) is situated in England, |
|
|
|
30 |
(ii) |
if the harbour
(or any part of it) is situated in Wales, |
|
|
the
Countryside Council for Wales.” |
|
|
2 |
Amendment
of procedure where harbour revision orders are made by the |
|
|
Secretary of State of his
own motion |
|
|
(1) |
For paragraph 28 of Schedule
3 to the 1964 Act there shall be substituted— |
|
35 |
“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, |
|
|
(b) |
he considers the
objection is frivolous or trivial, |
|
|
(c) |
the objection does
not specify the grounds on which it is |
|
40 |
|
|
(d) |
the objection was
not made within the period allowed for |
|
|
|
|
(2) |
Before making
his decision under paragraph 29, the Secretary of |
|
|
|
45 |
(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 State. |
|
|
|
|
(a) |
the objection referred
to in sub-paragraph (1) is made by a |
|
5 |
person
within sub-paragraph (4), and |
|
|
(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 (2)(b), |
|
|
|
the
Secretary of State shall, before making his decision under |
|
10 |
paragraph
29, either cause an inquiry to be held or, if he so |
|
|
determines,
cause the objection to be dealt with in accordance with |
|
|
|
|
(4) |
The persons within
this sub-paragraph are— |
|
|
(a) |
any local authority
for an area in which the harbour (or any |
|
15 |
part
of it) is situated; and |
|
|
(b) |
the relevant nature
conservation body. |
|
|
(5) |
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. |
|
20 |
(6) |
In this paragraph
“local authority” and “the relevant nature |
|
|
conservation
body” have 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”. |
|
25 |
|
|
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 2004. |
|
|
(2) |
This Act shall come into
force on the expiration of the period of two months |
|
30 |
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 |
|
35 |
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. |
|
|
| |
