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S C H E D U L E S
SCHEDULE 1
PROCEDURES AS TO GENERAL DIRECTIONS
1. | In this Schedule "the statutory consultees" means |
(a) | Associated British Ports; |
(b) | the Great Yarmouth Port Authority; |
(c) | the navigation committee; |
(d) | the British Marine Federation, the Inland Waterways Association and the Royal Yachting Association; and |
(e) | such other bodies (if any) appearing to the Authority to represent boating interests as the Authority considers appropriate. |
2. | The Authority from time to time following consultation with the statutory consultees shall appoint a suitable person to act as the independent person for the purposes of this Schedule, and references in this Schedule to the independent person are references to the person so appointed. |
3. | The Authority shall consult the statutory consultees upon any proposal to give, amend or revoke a general direction and except in a case of emergency shall do so before giving notice of the proposal under paragraph 4. |
4. | Not less than 28 days before giving, amending or revoking a general direction or in a case of emergency as soon as is reasonably practicable the Authority shall |
(a) | publish notice of its intention to do so once in a newspaper circulating in the area of the Broads and on the Authority's website; and |
(b) | give notice of its intention to do so to the statutory consultees. |
5. | Any notice published under paragraph 4 |
(a) | shall state a place where copies of the direction and any proposed amendment to it may be obtained and a place at which such copies may be inspected; |
(b) | shall state that representations may be made to the Authority in writing during the said period of 28 days or such longer period as may be specified in the notice; |
| and except in a case of emergency the Authority shall not give amend or revoke the direction until it has considered all such representtions as are made during the said period. |
6. | In addition to the requirements of paragraph 4, notice of the giving of a general direction or of the amendment or revocation of a general direction may be given in any manner considered by the Authority to be appropriate. |
7. | If any of the statutory consultees within the period allowed for in accordance with paragraph 5(b) objects to the giving, revoking or amending of a general direction the Authority shall refer the matter to the independent person. |
8. | As soon as reasonably practicable after an objection is referred to the independent person under paragraph 7 the independent person shall invite the Authority and statutory consultee by which the objection was made to put their case by way of written representations. |
9. | Following receipt of any representations made under paragraph 8 the independent person shall as soon as reasonably practicable provide the Authority and the statutory consultee by which the objection has been made with a report containing his conclusions on the direction and on the objection. |
10. | Except in an emergency the Authority shall consider the report of the independent person provided under paragraph 9 before giving, revoking or amending any general direction. |
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