Harbours Act 1964

• (4) 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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions as to Use of harbour Services and Facilities provided by certain harbour Authorities

Conditions as to use of harbour services and facilities provided by certain harbour authorities

40

• (1) 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).

• (2) In this section “harbour authority” has the same meaning as in section 26 of this Act.

Furnishing of Information

Power of Council to obtain information and forecasts

41

• (1) 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,—

• (a) 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

• (b) 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;

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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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.

• (4) 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.

Accounts, relating to harbour undertakings

42

• (1) 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) It shall be the duty of any person by whom a statement of accounts is prepared in accordance with this section—

• (a) to send to the Secretary of State a copy of the statement together with a copy of the auditor’s report on it; and

• (b) to prepare and send to the Secretary of State a report on the state of affairs disclosed by the statement.

• (6) 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—

• (a) the provisions relating to individual company accounts shall apply to statements prepared in accordance with subsection (1) above;

• (b) the provisions relating to group accounts shall apply to statements prepared in accordance with subsection (2) above; and

• (c) the provisions relating to the directors’ report ... shall apply to reports prepared in accordance with subsection (5)(b) above.

• (7) The Secretary of State may make provision by regulations with respect to the form and contents of accounts and reports prepared under this section—

• (a) prescribing cases in which the provisions of the the Companies Act 2006 referred to in subsection (6) above are not to apply;

• (b) modifying those provisions;

• (c) prescribing requirements additional to those imposed by those provisions.

• (8) 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.

• (9) In this section—

• “associated activities”, in relation to any harbour activities means such activities as may be prescribed in relation to those activities by regulations made by the Secretary of State;

• “harbour activities” means activities involved in carrying on a statutory harbour undertaking or in carrying out harbour operations;

• “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);

• “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.

• (10) 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.

• (11) This section does not apply to—

• (a) the Boards or Canal & River Trust;

• (b) 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;

• (c) a statutory harbour undertaker of a class exempted from this section by regulations made by the Secretary of State.

Miscellaneous and General

Provisions with respect to loans made under this Act by the Minister

43

• (1) 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.

• (1A) 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.

• (2) 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.

• (2A) 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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any sums received by the Minister under subsection (1) of this section shall be paid into the National Loan Fund . . ..

• (4A) Any sums received by the Welsh Ministers under subsection (1A) of this section shall be paid into the Welsh Consolidated Fund.

• (5) 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.

• (6) 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.

Limitation of right to challenge harbour revision orders, in legal proceedings

44

• (1) 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.

• (1A) On an application under the foregoing subsection ... , the court—

• (a) 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

• (b) 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) 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, ....

• (4) 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.

• (5) In relation to proceedings in Scotland, subsections (1A)(a) ... of this section shall have effect as if the words “by interim order” were omitted.

• (6) 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).

• (7) 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.

• (8) For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.

• (6) 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).

• (7) 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.

• (8) For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.

• (9) Section 17D(3) applies this section to closure orders.

Penalisation of furnishing false information

45

A person who—

• (a) . . . 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; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

• (ii) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Restriction of disclosure of information

46

• (1) No person shall disclose any information furnished to him in pursuance of a requirement imposed under section . . . 41 of this Act . . . except—

• (a) 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

• (b) 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

• (c) for the purpose of enabling . . . the Minister to discharge . . . his functions under this Act; or

• (d) for the purposes of any legal proceedings (including arbitrations) or for the purposes of a report of any such proceedings as aforesaid;

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.

• (2) If a person makes a disclosure in contravention of this section he shall be guilty of an offence and liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £100, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Provisions as to inquiries and hearings

47

• (1) 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)—

• (a) 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,—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) 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; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

• (1A) 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.

• (2) 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—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) 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;

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.

• (2A) 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.

• (3) 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—

• (a) it shall be deemed to have been given under section 2 as read with section 10 of the Statutory Orders (Special Procedure) Act 1945;

• (b) 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;

• (c) the last foregoing subsection shall not apply to such an inquiry; and

• (d) 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.

Service of documents

48

• (1) 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.

• (1A) Any such document may also be given to or served on a person (the “recipient”) by means of an electronic communication but only if—

• (a) the recipient has given a written statement agreeing to accept service of the document by means of an electronic communication,

• (b) the statement has not been withdrawn, and

• (c) the document was transmitted in a specified electronic form to a specified electronic address.

• (1B) 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.

• (1C) 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.

• (1D) 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.

• (1E) 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.

• (1F) A statement under subsection (1A) may be withdrawn by giving a written notice to the person to whom the statement was made.

• (1G) A withdrawal under subsection (1F) takes effect on the later of—

• (a) the date specified by the person in the notice, and

• (b) the date which is fourteen days after the date on which the notice is given.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) Subsections (1) to (4) do not apply in relation to a document if—

• (a) it is required or authorised by Schedule 3 to be given to or served on a relevant authority, and

• (b) 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.

• (6) In this section —

• “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;

• “relevant authority” means—the Secretary of State;the Welsh Ministers;the Scottish Ministers;

• “working day” means any day other than—a Saturday or Sunday,Christmas Day or Good Friday, ora day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Provisions as to ecclesiastical property

49

• (1) 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.

• (2) 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.

• (3) 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—

• (a) 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

• (b) 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.

• (4) 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.

• (5) 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.

Reckoning of periods

50

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.

Modification of Harbours, Piers and Ferries (Scotland) Act 1937

51

• (1) On coming into operation of this section, for the definition of “marine work” in section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 there shall be substituted the following definition—

“marine work” means a marine work as defined in the Harbours Act 1964

.

• (2) 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.

• (3) 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.

• (4) 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.

Application of Act to Crown

52

• (1) 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.

• (2) 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.

• (3) In the application of this section to Scotland—

• (a) in subsection (1) for references to a Crown or Duchy interest there shall be substituted references to a Crown interest;

• (b) subsection (2) shall not apply; and

• (c) “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”—

• (i) 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

• (ii) 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.

• (3A) 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.

• (4) 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.

Saving for telegraphic lines

53

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.

Orders and regulations

54

• (1) 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.

• (2) 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.

• (3) Subsection (4) applies to any statutory instrument containing—

• (a) an order made under section 42A by a relevant authority in relation to a delegable function, or

• (b) 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.

• (4) A statutory instrument to which this subsection applies—

• (a) 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;

• (b) 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.

• (5) A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

• (6) A statutory instrument containing an order under section 40A—

• (a) if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

• (b) if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—

• (a) where the power is exercised by the Secretary of State—

• (i) the regulations are to be made by statutory instrument, and

• (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) where the power is exercised by the Welsh Ministers (see section 17(2C))—

• (i) the regulations are to be made by statutory instrument, and

• (ii) a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

• (c) 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).

Offences by corporations

55

• (1) 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.

• (2) 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.

Modification of Statutory Orders (Special Procedure) Act 1945 in its application to harbour revision orders,

56

Interpretation

57

• (1) 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; andin 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; andin 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, orwhich, 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; andincludes 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); andcharges 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) Any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by any other Act.

• (6) 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.

Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers

58

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.

Enlargement of powers of Parliament of Northern Ireland

59

Power to amend Acts of local application

60

• (1) 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.

• (2) 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.

• (3) 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.

• (4) An order under this section may contain such transitional, supplemental or incidental provisions as appear to the appropriate Minister to be expedient.

• (5) 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.

Expenses

61

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.

Saving for private Bills and certain provisional orders. 63- Short title, extent, repeal and commencement

62

Short title, extent, repeal and commencement.

63

• (1) This Act may be cited as the Harbours Act 1964.

• (2) This Act . . . shall not extend to Northern Ireland.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) 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.

SCHEDULE 1

1

The Council shall be a body corporate with perpetual succession and a common seal.

2

• (1) 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.

• (2) A person who has held office as a member of the Council shall be eligible for re-appointment.

3

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.

4

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.

5

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.

6

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.

7

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 ".

8

• (1) The Council shall appoint a secretary and may appoint such other officers, and such servants, as the Council may determine.

• (2) The Council shall—

• (a) pay to their officers and servants such remuneration as they may determine, and

• (b) as regards any officers or servants in whose case it may be determined by the Council with the approval of the Minister so to do, pay to or in respect of them such pensions, or provide and maintain for them such pension schemes (whether contributory or not) as may be so determined.

9

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.

SCHEDULE 2

1

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.

2

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.

3

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—

• (a) improving, maintaining or managing the harbour;

• (b) marking or lighting the harbour, raising wrecks therein or otherwise making safe the navigation thereof; or

• (c) regulating the carrying on by others of activities relating to the harbour or of activities on harbour land.

4

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.

5

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.

6

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.

7

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.

8

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.

9

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.

10

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.

11

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.

12

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.

13

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.

14

Varying or extinguishing any exemption from charges levied by the authority at the harbour or any other right or privilege enjoyed thereat.

15

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.

16

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.

17

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.

SCHEDULE 3

PART I — ORDERS MADE ON APPLICATION TO THE SECRETARY OF STATE

1

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, andthe 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, orany 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)), andthe 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)), andthe 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, andother 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;

2

A project shall be treated for the purposes of this Part as not of a type specified in Annex II to the Directive unless—

• (a) the area of the works comprised in the project exceeds 1 hectare,

• (b) any part of the works is to be carried out in a sensitive area, or

• (c) 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.

3

• (1) A person may not make an application for a harbour revision order which, directly or indirectly, authorises a project unless—

• (a) the proposed applicant has given the Secretary of State notice of the proposed applicant’s intention to make the application, and

• (b) the Secretary of State has responded under paragraph 5(2) or 6(2)(a).

• (2) 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) —

• (a) must include the information described in Annex II.A to the EIA Directive (information to be provided on projects listed in Annex II) taking into account the results of any relevant environmental assessment which are reasonably available to the proposed applicant, and

• (b) may include a description of any feature of the project or measure envisaged to avoid or prevent what otherwise might be significant adverse effects of the project on the environment.

• (3) 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).

4

• (1) 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.

• (2) A project requires an environmental impact assessment if—

• (a) it is of a type specified in Annex I to the EIA Directive, or

• (b) it is of a type specified in Annex II to the EIA Directive and, having regard to the selection criteria, is a relevant project.

• (3) 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.

• (4) In this Part of this Schedule, “screening decision” means a decision under sub-paragraph (1) of this paragraph.

5

• (1) 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.

• (2) 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).

• (3) The Secretary of State must also publish a notice of the decision which—

• (a) states the reasons for it with reference to the selection criteria (where relevant), and

• (b) if provided by the proposed applicant in the notice under paragraph 3(1)(a) or in response to a direction given under paragraph 4A(1), includes a description of any feature of the project or measure envisaged to avoid or prevent what might otherwise be significant adverse effects of the project on the environment.

6

• (1) This paragraph applies if the Secretary of State decides that the proposed application relates to a project which requires an environmental impact assessment.

• (2) The Secretary of State must—

• (a) inform the proposed applicant, in writing, of the decision and the reasons for it with reference to the selection criteria (where relevant),

• (b) publish a notice of the decision which states the reasons for it with reference to the selection criteria (where relevant), and

• (c) give the proposed applicant an opinion, in writing, about the scope and level of detail of the information which the proposed applicant will be required to supply in an environmental statement, if the application is made.

• (3) 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—

• (a) the specific characteristics of the project (including its location and technical capacity), and

• (b) its likely impact on the environment.

• (4) 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.

PART II — ORDERS MADE BY THE SECRETARY OF STATE OF HIS OWN MOTION

7

• (1) An application for a harbour revision order must be accompanied by—

• (a) a draft of the proposed order,

• (b) six copies (or such lesser number as the Secretary of State may specify) of any map which, if the order is made in the form of the draft, will be annexed to it, and

• (c) such fee as the Secretary of State may determine.

• (2) 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).

8

• (1) If an applicant makes an EIA application, the applicant must—

• (a) supply the Secretary of State with an environmental statement, and

• (b) if directed to do so by the Secretary of State, supply the Secretary of State with such number of copies of the statement as is specified in the direction.

• (2) In this Part of this Schedule, “environmental statement” means a statement which—

• (a) is prepared by competent experts,

• (b) includes the information which, taking into account current knowledge and methods of assessment, may reasonably be required by the Secretary of State to reach a reasoned conclusion under paragraph 18A(4) and in particular, the information specified in sub-paragraph (3),

• (c) is based on the opinion given under paragraph 6(2)(c), and

• (d) with a view to avoiding duplication of assessments, takes into account the results of any relevant environmental assessment which are reasonably available to the applicant.

• (3) The specified information is—

• (a) a description of the site, design, size and any other relevant features of the project,

• (b) a description of the likely significant effects of the project on the environment,

• (c) a description of any features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset any likely significant adverse effects of the project on the environment,

• (d) a description of the reasonable alternatives studied by the applicant, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the likely effects of the project on the environment,

• (e) a non-technical summary of the information mentioned in paragraphs (a) to (d), and

• (f) any additional information of a type specified in Annex IV to the EIA Directive (information for the environmental impact assessment report) relevant to the specific characteristics of the project or type of project and to the environmental features likely to be affected.

• (4) 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.

• (5) 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).

9

The Secretary of State must not consider an application for a harbour revision order unless the applicant—

• (a) pays any fee which is due under paragraph 7(1)(c),

• (b) complies with any direction under paragraph 7(2),

• (c) if the application is an EIA application—

• (i) supplies an environmental statement, and

• (ii) complies with any direction under paragraph 8A(1), and

• (d) complies with any relevant requirements of paragraphs 10 to 14.

PART III — HARBOUR EMPOWERMENT ORDERS: MODIFICATIONS OF PART I

10

• (1) An applicant shall arrange for a notice to be published—

• (a) by Gazette and local advertisement, and

• (b) in such other ways as the Secretary of State may direct.

• (2) The notice must—

• (a) state that an application has been made for the order,

• (b) state the Secretary of State’s decision under paragraph 4 and any reasons given under paragraph 6(1),

• (ba) 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,

• (c) state whether an environmental statement has been supplied under paragraph 8(1)(a),

• (ca) where such a statement has been supplied—

• (i) provide an address from which a copy of the statement can, until the expiry of the period referred to in paragraph (f), be obtained and information as to the amount of any charge for the provision of such a copy, and

• (ii) state whether paragraph 16 applies,

• (d) contain a concise summary of the draft order,

• (e) give a general description of any land proposed for compulsory acquisition and of the nature of any works proposed to be authorised, ...

• (f) 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

• (g) provide details of the procedure under this Schedule for dealing with any objection or representations made as mentioned in the notice.

• (2A) Any charge imposed as mentioned in sub-paragraph (2)(ca)(i) must be reasonable.

• (3) The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper.

• (4) 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—

• (a) the draft order,

• (b) the decision of the Secretary of State referred to in sub-paragraph (2)(b),

• (c) any environmental statement supplied under paragraph 8(1), and

• (d) any map accompanying the application.

• (5) The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map.

• (6) 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—

• (a) as soon as possible, and

• (b) in any event within the period of three working days starting with the date specified in accordance with sub-paragraph (2)(f).

• (7) In this paragraph and paragraph 10A, “working day” means a day other than—

• (a) Saturday or Sunday,

• (b) Christmas Day or Good Friday, or

• (c) 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.

• (8) The Secretary of State may specify the form in which, and means by which, the copy of the notice is to be provided.

PART IV — Modifications subject to which Part I is to have Effect with respect to Procedure for making Harbour Revision Orders upon Application therefor to the Secretary of State

11

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—

• (a) 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,

• (b) naming a place where a copy of the draft order may be inspected at all reasonable hours,

• (c) 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

• (d) 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.

PART V — Modifications subject to which Part II is to have Effect with respect to Procedure for the Making of Harbour Revision Orders by the Minister of Agriculture, Fisheries and Food of his own Motion

12

• (1) 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—

• (a) serve a notice on every local authority for the area in which the footpath or bridleway is situated, and

• (b) 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.

• (2) The notice mentioned in sub-paragraph (1) must—

• (a) 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,

• (b) name a place where a copy of the draft order may be inspected at all reasonable hours,

• (c) 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

• (d) 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—

• (i) 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

• (ii) in the case of any other person, the date specified in the notice displayed under paragraph 12(1)(b).

• (3) 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, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council,

• (b) in Wales, a county council, a county borough council and a community council, and

• (c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

PART VI — Modifications subject to which Part II is to have Effect with respect to Procedure for the Making of Harbour Revision Orders by the Secretary of State of his own Motion

13

• (1) 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—

• (a) that the application has been made to the Secretary of State, and

• (b) that if the authority wish to object to the application is should do so in writing to the Secretary of State, specifying the grounds of its objection, before the expiry of the period of 42 days starting with the date on which the notice is served on it.

• (2) The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map.

PART VII — Modifications subject to which Part I is to have Effect with respect to Procedure for the Making of Harbour Empowerment Orders by the Minister

14

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.

PART VIII — Modifications subject to which Part I is to have Effect with respect to Procedure for the Making of Harbour Empowerment Orders by the Minister of Agriculture, Fisheries and Food

15

• (1) The Secretary of State, before determining an application, must—

• (a) consult such bodies that are likely to have an interest in the application by reason of their environmental responsibilities or local or regional competencies as the Secretary of State thinks appropriate, and

• (b) send the information listed in sub-paragraph (2) to the bodies consulted.

• (2) The information is—

• (a) the environmental statement supplied under paragraph 8(1)(a);

• (b) any information supplied in pursuance of a direction under paragraph 8A(1);

• (c) any information about the project falling within paragraph 10ZB(1)(b).

PART IX — Modifications subject to which Part I is to have Effect with respect to Procedure for the Making of Harbour Empowerment Orders by the Secretary of State

16

• (1) This paragraph applies where—

• (a) an application for a harbour revision order relates to a project which is proposed to be carried out in Great Britain,

• (b) the application is an EIA application, and

• (c) it comes to the attention of the Secretary of State that the project is likely to have significant effects on the environment in an EEA State, or an EEA State requests particulars of the project.

• (2) The Secretary of State shall—

• (a) publish in the Gazette the particulars mentioned in sub-paragraph (3) in a notice with an indication of where further information is available,

• (b) serve on the EEA State as soon as possible and no later than the date of publication of that notice, the particulars mentioned in sub-paragraph (3) and, if he thinks fit, the information mentioned in sub-paragraph (4), and

• (c) give the EEA State a reasonable time in which to indicate whether it wishes to be consulted in accordance with sub-paragraph (6).

• (3) The particulars referred to in sub-paragraph (2)(a) and (b) are—

• (a) a description of the project, together with any available information on its possible significant effects on the environment in the EEA State; and

• (b) information about the nature of the decision which may be taken under this Part.

• (4) 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—

• (a) a copy of the application,

• (b) the environmental statement supplied to the Secretary of State under paragraph 8(1)(a);

• (ba) any information supplied in pursuance of a direction under paragraph 8A(1);

• (bb) any information falling within paragraph 10ZB(1)(b); and

• (c) information regarding the procedure under this Part,

but only to the extent that such information has not already been provided to the EEA State in accordance with sub-paragraph (2)(b).

• (5) The Secretary of State shall also—

• (a) arrange for the information referred to in sub-paragraphs (3) and (4) to be made available, within a reasonable time, to the authorities likely to have an interest in the project by reason of their environmental responsibilities or local or regional competencies, and the public concerned, in the territory of the EEA State concerned; and

• (b) ensure that those authorities and the public concerned are given a reasonable opportunity, before he decides whether to make the harbour revision order in relation to the project, to send to the Secretary of State their opinion on the information.

• (6) The Secretary of State shall—

• (a) consult the EEA State concerned about the project generally and, in particular, about the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

• (b) endeavour to agree with the EEA State a reasonable period of time for the duration of the consultation period.

• (7) 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—

• (a) the content of the decision whether or not to make the order and any conditions attached to the decision;

• (b) the main reasons and considerations on which the decision is based;

• (ba) details of what provision was made for public participation in the making of the decision; and

• (bb) a summary of —

• (i) the results of any consultations under paragraph 15 in connection with the application,

• (ii) any objections made to the application and not withdrawn,

• (iii) any representations made in relation to the environmental statement for the project or in relation to any information in accordance with a notice published under paragraph 10 or 10A, and

• (iv) how the information mentioned in paragraphs (i) to (iii) above and any opinion given under sub-paragraph (5)(b) have been taken into account in reaching the decision.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

1

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.

2

Where a harbour reorganisation scheme is submitted to the Minister he shall take it into consideration and, if he decides that it should proceed,—

• (a) 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