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Amend the procedure for dealing with applications for orders under section |
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14 or 16 of the Harbours Act 1964 and for making orders under section 15 of |
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that Act; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Amendment of procedure for dealing with applications for harbour orders |
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(1) | Paragraph 18 of Schedule 3 to the 1964 Act (which provides for the holding of |
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an inquiry or public hearing where an objection is made to an application for a |
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harbour revision or empowerment order and is not withdrawn) shall be |
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(2) | For sub-paragraph (1) there shall be substituted— |
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“(1) | This paragraph applies if an objection to the application was made to |
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the Secretary of State and has not been withdrawn unless— |
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(a) | he decides that the application shall not proceed further, |
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(b) | he considers the objection is frivolous or trivial, |
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(c) | the objection does not specify the grounds on which it is |
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(d) | the objection was not made within the period allowed for |
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(1A) | Before making his decision under paragraph 19, the Secretary of |
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(a) | cause an inquiry to be held, or |
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(b) | give to the person who made the objection referred to in sub- |
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paragraph (1) an opportunity of appearing before and being |
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heard by a person appointed by the Secretary of State. |
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(a) | the objection referred to in sub-paragraph (1) is made by a |
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person within sub-paragraph (1C), and |
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(b) | that person informs the Secretary of State in writing that he |
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wishes the objection to be referred to an inquiry or dealt with |
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in accordance with sub-paragraph (1A)(b), |
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| the Secretary of State shall, before making his decision under |
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paragraph 19, either cause an inquiry to be held or, if he so |
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determines, cause the objection to be dealt with in accordance with |
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(1C) | The persons within this sub-paragraph are— |
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(a) | any local authority for an area in which the harbour (or any |
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(b) | the relevant nature conservation body, and |
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(c) | if the Order will authorise the compulsory acquisition of |
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land, any person who is entitled to be served with notice |
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(3) | In sub-paragraph (2), for “sub-paragraph (1)(a)” there shall be substituted |
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(4) | In sub-paragraph (3), paragraph (a) is repealed. |
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(5) | After that sub-paragraph, there shall be inserted— |
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(a) | “local authority” means— |
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(i) | in England, a county council, a district council, a |
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London borough council, the Common Council of the |
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City of London, the Council of the Isles of Scilly, a |
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parish council and a parish meeting of a parish not |
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having a separate parish council, and |
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(ii) | in Wales, a county council, a county borough council |
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and a community council, and |
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(b) | “the relevant nature conservation body” means— |
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(i) | if the harbour (or any part of it) is situated in England, |
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(ii) | if the harbour (or any part of it) is situated in Wales, |
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the Countryside Council for Wales.” |
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2 | Amendment of procedure where harbour revision orders are made by the |
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Secretary of State of his own motion |
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(1) | For paragraph 28 of Schedule 3 to the 1964 Act there shall be substituted— |
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“28 (1) | This paragraph applies if an objection to the proposal was made to |
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the Secretary of State and has not been withdrawn unless— |
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(a) | he decides that the proposal shall not proceed further, |
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(b) | he considers the objection is frivolous or trivial, |
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(c) | the objection does not specify the grounds on which it is |
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(d) | the objection was not made within the period allowed for |
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(2) | Before making his decision under paragraph 29, the Secretary of |
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(a) | cause an inquiry to be held, or |
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(b) | give to the person who made the objection referred to in sub- |
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paragraph (1) an opportunity of appearing before and being |
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heard by a person appointed by the Secretary of State. |
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(a) | the objection referred to in sub-paragraph (1) is a made by a |
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person within sub-paragraph (4), and |
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(b) | that person informs the Secretary of State in writing that he |
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wishes the objection to be referred to an inquiry or dealt with |
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in accordance with sub-paragraph (2)(b), |
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| the Secretary of State shall, before making his decision under |
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paragraph 29, either cause an inquiry to be held or, if he so |
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determines, cause the objection to be dealt with in accordance with |
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(4) | The persons within this sub-paragraph are— |
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(a) | any local authority for an area in which the harbour (or any |
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part of it) is situated; and |
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(b) | the relevant nature conservation body. |
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(5) | Where an objector is heard in accordance with sub-paragraph (2)(b), |
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the Secretary of State shall allow such other persons as he thinks |
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appropriate to be heard on the same occasion. |
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(6) | In this paragraph “local authority” and “the relevant nature |
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conservation body” have the same meaning as in paragraph 18(4).” |
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(2) | In paragraph 29 of that Schedule (decision on harbour revision order proposed |
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by Secretary of State), in sub-paragraph (1)(b), after “inquiry” there shall be |
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inserted “and of any person appointed for the purpose of hearing an objector”. |
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In this Act “the 1964 Act” means the Harbours Act 1964 (c. 40). |
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4 | Short title, commencement, transitional provision and extent |
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(1) | This Act may be cited as the Harbours Act 2005. |
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(2) | This Act shall come into force on the expiration of the period of two months |
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beginning with the date on which it is passed. |
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(3) | Nothing in this Act applies— |
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(a) | in relation to an application for an order under section 14 or 16 of the |
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1964 Act which is made before this Act comes into force; or |
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(b) | in relation to a proposal by the Secretary of State to make a harbour |
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revision order of his own motion in respect of which a notice is |
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published in the London Gazette under paragraph 26(1)(a) of Schedule |
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3 to the 1964 Act before this Act comes into force. |
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(4) | This Act does not extend to Scotland or Northern Ireland. |
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To Amend the procedure for dealing with applications for orders under |
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section 14 or 16 of the Harbours Act 1964 and for making orders under section |
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15 of that Act; and for connected purposes. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | | to be Printed, 6th December 2005. |
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© Parliamentary copyright House of Lords and House of Commons 2005
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Applications for reproduction should be made in writing to the Copyright Unit,
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Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
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