Legalize / United Kingdom / Public General Act

Harbours Act 1964

Type Public General Act

Publication 1964-06-10

Last updated 2026-02-20

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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

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

(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),

(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),

(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,

(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),

(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

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);

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

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.

(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

(b) if provision is included in the scheme for transferring interests in land, he shall, in the case of each parcel of land interests in which are to be transferred, serve on the owner of each interest to be transferred a notice stating that the scheme has been submitted to the Minister and includes provision transferring the interest in that parcel (describing it) of the person served, naming a place where a copy of the scheme and a copy (on the like scale) of the map deposited therewith on which the boundaries of that parcel are delineated may be seen at all reasonable hours, and stating that, if the person served desires to make to the Minister objection to the scheme so far as regards the inclusion therein of provision transferring his interest in that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him; and

(d) ..., he shall on each (if any there be) of the harbour authorities who between them are engaged in improving, maintaining or managing the several harbours comprised in the group and are not parties to the submission of the scheme, and, if a local lighthouse auithority who are not a harbour authority are affected by the scheme, on them, contemporaneously serve a copy of the scheme, together (if copies of a map or maps were deposited with it) with a copy of that map, or copies of those maps, and, in any event, with a notice stating that the scheme has been submitted to the Secretary of State and that, if the authority served desire to make to the Secretary of State objection to the scheme, they should do so in writing (stating the grounds of their objection) before the expiration of the period of forty-two days from the date on which the notice is served on them.

3

(1) Where effect has been given to paragraph 2 above in the case of a harbour reorganisation scheme submitted to the Minister and the time for the due making to the Minister of objection to the scheme has elapsed, the following provisions of this paragraph shall have effect.

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

(5) If ... objections thereto that were duly made to the Minister have not been withdrawn, he shall, unless he decides that the scheme shall not proceed further, cause an inquiry to be held with respect to each objection so made and not withdrawn unless, in his opinion, it is frivolous or too trivial to warrant the holding of an inquiry with respect thereto ....

(6) After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State if he then decides to confirm the scheme, may by order confirm it without modifications or (subject to the restrictions imposed by sub-paragraph (7) below) with such modifications as he thinks fit.

(7) Where the Minister proposes to confirm the scheme with modifications which appear to him substantially to affect the character of the scheme as submitted to him, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing them that submitted the scheme to him, and other persons likely to be concerned, and shall not confirm the scheme until such period for consideration of, and comment upon, the proposed modifications by them that submitted the scheme and those other persons as he thinks reasonable has elapsed; nor shall he confirm the scheme subject to a modification that results in its including provision transferring an interest of a person in property that was not described in the scheme as submitted to him as being property in which interests of that person were subject to be transferred unless that person consents to its being so confirmed.

(8) The Minister may disregard for the purposes of this paragraph an objection to the scheme unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the scheme of a provision transferring interests of a person in any property if he is satisfied that the objection relates exclusively to matters in respect of which compensation falls to be provided under the scheme and that the scheme is so framed as to enable those matters to be properly dealt with.

4

So soon as may be after a harbour reorganisation scheme has been confirmed by the Minister, he shall publish by Gazette and local advertisement a notice stating that it has been confirmed and naming a place where a copy of it in the form in which it was confirmed (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) may be inspected at all reasonable hours, and shall serve a copy of the scheme in the form aforesaid (and, if a map or maps is or are annexed to the scheme, a copy of that map or, as the case may be, copies of those maps) on each authority on whom a copy of the scheme as submitted to the Minister was served in compliance with a requirement imposed by paragraph 2 ... (d) above ....

SCHEDULE 5

1

An application for a control of movement order must be accompanied by not less than six copies of a draft of the proposed order and not less than six copies of any map or maps which, if the order is made in the form of the draft, will be required to be annexed to it.

2

Where an application for a control of movement order is duly made to the Minister, he shall take it into consideration and shall give notice to the applicant of his decision either that he refuses the application or that it is (without prejudice, however, to subsequent refusal thereof) to be allowed to proceed.

3

Where an applicant for a control of movement order is given notice under paragraph 2 above that his application is to be allowed to proceed, compliance with the requirement of sub-paragraph (a) below and with such of the requirements of sub-paragraphs (b) and (c) below as are applicable in the circumstances shall be a condition precedent to the taking by the Minister of further steps in the matter of the application, that is to say:—

(a) there must be published by the applicant by Gazette and local advertisement and (if so required by the Minister) by such other means as the Minister may specify, a notice stating that application has been made to him for the making of the order, containing a concise summary of the order and (if provision is proposed to be included therein authorising the compulsory acquisition of land) a general description of the land whose compulsory acquisition is proposed to be authorised, naming a place where a copy of the draft of the proposed order and (if the application for the order was accompanied by copies of a map or maps) 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 the Minister objection to the application 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;

(b) if provision is proposed to be included in the order authorising the compulsory acquisition of land, there must, in the case of each parcel of land whose compulsory acquisition is proposed to be authorised, be served by the applicant on every owner, lessee and occupier (except a tenant for a month or any period less than a month) of that parcel a notice stating that application has been made to the Minister for the making of the order with the inclusion therein of provision authorising the compulsory acquisition of that parcel (describing it), naming a place where a copy of the draft of the proposed order and a copy (on the like scale) of the map that accompanied the application for the order on which the boundaries of that parcel are delineated may be seen at all reasonable hours and stating that, if the person served desires to make to the Minister objection to the application so far as regards the inclusion in the order of provision authorising the compulsory acquisition of that parcel, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him;

(c) if the Minister so requires, there must, on any person specified by him, be served by the applicant a copy of the draft order together (if the application for the order was accompanied by a copy of a map or copies of maps) with a copy of that map or copies of those maps and, in any event, with a notice stating that application has been made to the Minister for the making of the order and that, if he desires to make to the Minister objection to the application, he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him.

4

(1) Where the proper notices concerning an application for the making of a control of movement order have been published under paragraph 3 above, and all persons required thereunder to be served in the case of the application with notices and other documents have been properly served therewith, and the time for the due making to the Minister of objection to the application has elapsed, the following provisions of this paragraph shall have effect.

(2) If no objections to the application were duly made to the Minister or if all objections to the application that were duly made to him have been withdrawn, the Minister, unless he decides not to make the order, may make the order applied for in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (5) of this paragraph and by paragraph 6 below) in that form but subject to such modifications as he minks fit.

(3) If objections to the application were duly made to the Minister and have not been withdrawn, the Minister, unless he decides that the application shall not proceed further.—

(a) in the case of an objection so far as regards the inclusion in the draft order of a provision authorising the compulsory acquisition of a parcel of land, shall either cause an inquiry to be held with respect to the objection or afford to the objector an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose ;

(b) in the case of any other objection, shall cause an inquiry to be held with respect thereto, unless he is of opinion that the application can properly be proceeded with without the holding of an inquiry with respect to the objection ;

and, after effect has been given to the foregoing provisions of this sub-paragraph, shall consider the objections so made and not withdrawn and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector and, having done so, unless he decides not to make the order, may make the order applied for in the form of the draft submitted to him or (subject to the restrictions imposed by sub-paragraph (5) of this paragraph and by paragraph 6 below) in that form but subject to such modifications as he thinks fit.

(4) Where an objector to the application avails himself of an opportunity of- being heard afforded to him in pursuance of sub-paragraph (3)(a) above, the Minister shall afford to the applicant, and to any other persons to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.

(5) Where the Minister proposes to make the order with modifications which appear to him substantially to affect the character of the order as applied for, he shall take such steps as appear to him to be sufficient and reasonably practicable for informing the applicant and other persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modifications by the applicant and those other persons as he thinks reasonable has elapsed ; nor shall he, unless all persons interested consent, so make the order as to authorise the compulsory acquisition of any land that was not described in the draft submitted to him as being land subject to be acquired compulsorily.

(6) The Minister may disregard for the purposes of this paragraph an objection to the application unless it states the grounds on which it is made, and may disregard for those purposes such an objection so far as regards the inclusion in the draft order of a provision authorising the compulsory acquisition of land if he is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.

5

So soon as may be after a control of movement order has been made, the applicant for it shall publish by Gazette and local advertisement a notice stating that the order has been made and naming a place where a copy thereof and of any map or maps annexed thereto may be inspected at all reasonable hours and shall serve a copy of the order (and, if a map or maps is or are annexed to it, a copy of that map or, as the case may be, copies of those maps) on each person on whom a copy of the draft of the proposed order was served in compliance with a requirement imposed by virtue of paragraph 3(c) above.

6

(1) Where application is made to the Minister for a control of movement order which includes provision authorising the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the appropriate Minister before the expiration of the period of forty-two days from the date of the first local advertisement of notice that the application has been so made that Minister is satisfied—

(a) that any of the said land is used for the purposes of the carrying on of their undertaking, or

(b) that an interest in any of the said land is held for those purposes,

the order shall not be so made as to authorise the acquisition of any land as to which that Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(i) that, without serious detriment to the carrying on of the undertaking, it can be acquired and not replaced, or

(ii) that, if acquired, it can, without such detriment as aforesaid, be replaced by other land belonging to, or available for acquisition by, the undertakers,

and certifies accordingly.

(2) In this paragraph " statutory undertakers " and " the appropriate Minister " have the same meanings respectively as in paragraph 6 of Schedule 3 to this Act.

SCHEDULE 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15A

(1) Each of the Ministers may, subject to subsection (2) of this section, by order vary the constitution of a harbour authority so far as it provides for the appointment by him of any member or members of the authority—

(a) so as to abolish the power of appointment (except where the power is to appoint the chairman of the authority); or

(b) so as to provide for the power of appointment to be exercised by such other person or persons as may be specified in the order.

(2) No order under this section may be made by the Secretary of State with respect to the constitution of a harbour authority if under the constitution all the members of the authority, apart fromex officio and co-opted members, are appointed by him.

(3) An order under this section—

(a) may relate to more than one harbour authority; and

(b) may contain such supplementary, incidental and consequential provisions as appear to the Minister making the order to be necessary or expedient;

and where the constitution of a harbour authority provides for the appointment by the Minister making the order of more than one member, an order under this section may make different provision for each member falling to be so appointed and may make provision for some only of those members.

(4) A Minister proposing to make an order under this section shall before doing so consult the harbour authority concerned and such other persons affected, or bodies representative of such persons, as he thinks fit.

(5) In this section “the Ministers” means the Secretary of State and the Minister of Agriculture, Fisheries and Food.

27A

(1) Where a harbour authority have power, whether by virtue of section 26 of this Act or any other statutory provision—

(a) to levy ship, passenger and goods dues or equivalent dues; and

(b) to make other charges,

the authority may, subject to the next following subsection, make a combined charge, that is to say, a single charge referable in part to matters for which ship, passenger and goods dues or equivalent dues may be levied and in part to matters for which other charges may be made.

(2) A harbour authority may not make a combined charge in any case where—

(a) the person who would be liable to pay the charge objects to paying a combined charge; or

(b) a number of persons would be jointly and severally liable to pay the charge and any of them objects to paying a combined charge:

but without prejudice to the power of the authority to make separate charges in such a case.

(3) A person may not object under subsection (2) above to the payment of a combined charge previously incurred or incurred in pursuance of a prior agreement between that person and the harbour authority.

(4) In this section “equivalent dues” means dues exigible in respect of things other than ships for entering, using or leaving a harbour, including charges for marking or lighting the harbour.

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

48A

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to—

(a) the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;

(b) the desirability of preserving for the public any freedom of access to places of natural beauty; and

(c) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature or facility.

Procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7A

Extinguishing or diverting public rights of way over footpaths , bridleways or restricted byways for the purposes of works described in the order or works ancillary to such works.

7B

Extinguishing public rights of navigation for the purposes of works described in the order or works ancillary to such works, or permitting interference with the enjoyment of such rights for the purposes of such works or for the purposes of works carried out by a person authorised by the authority to carry them out.

8A

Enabling the authority to close part of the harbour or to reduce the facilities available in the harbour.

9A

Empowering the authority (alone or with others) to develop land not required for the purposes of the harbour with a view to disposing of the land or of interests in it, and to acquire land by agreement for the purpose of developing it together with such land.

9B

Empowering the authority to delegate the performance of any of the functions of the authority except—

(a) a duty imposed on the authority by or under any enactment;

(b) the making of byelaws;

(d) the appointment of harbour, dock and pier masters;

(e) the nomination of persons to act as constables;

(f) functions relating to the laying down of buoys, the erection of lighthouses and the exhibition of lights, beacons and sea-marks, so far as those functions are exercisable for the purposes of the safety of navigation.

16A

Imposing or conferring on the authority duties or powers (including powers to make byelaws) for the conservation of the natural beauty of all or any part of the harbour or of any of the fauna, flora or geological or physiographical features in the harbour and all other natural features.

Introductory

Pre-application procedure

The application

Notices

Consultation

Objections

17

The following paragraphs in this Part have effect where—

(a) all relevant notices concerning an application for the making of a harbour revision order have been published under paragraph 10(1) , 10A or 16(2)(a),

(b) all notices and other documents which are required to be served under paragraph 11, 12(1), 13(1), 14 or 16(2)(b) have been served, and

(c) every period for the making of objections or representations to the Secretary of State in respect of the application has expired.

18

(1) This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn.

(1A) This paragraph does not apply if—

(a) the appropriate authority decides that the application is not to proceed further,

(b) the appropriate authority considers that the objection is frivolous or trivial,

(d) the objection was not made within the period allowed for making it.

(1B) Before deciding the application under paragraph 19, the appropriate authority may—

(a) cause an inquiry to be held, or

(b) give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the appropriate authority.

(1C) If the objection—

(a) was made by the Welsh Ministers to the Secretary of State, and

(b) is not an objection regarding compulsory acquisition of a parcel of land,

the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a).

(1D) If, in a case where sub-paragraph (1C) does not apply,—

(a) the objection was made by a person within sub-paragraph (1E), and

(b) that person makes a request in writing to the appropriate authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b),

the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine.

(1E) The persons within this sub-paragraph are—

(a) in the case of an application to the Secretary of State, the Welsh Ministers;

(b) any local authority for an area in which the harbour (or any part of it) is situated;

(d) if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.

(2) Where an objector is heard in accordance with sub-paragraph (1B)(b), the appropriate authority shall allow the applicant and such other persons as the authority thinks appropriate to be heard on the same occasion.

(3) The appropriate authority may disregard an objection—

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

(b) in the case of an objection about compulsory acquisition, if the appropriate authority is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom compensation in respect of the acquisition will fall to be assessed in default of agreement.

(4) In this paragraph—

“the appropriate authority” means—in a case where the application was made to the Secretary of State, the Secretary of State;in a case where the application was made to the Welsh Ministers, the Welsh Ministers;

“local authority” means—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, andin Wales, a county council, a county borough council and a community council;

“the relevant conservation body” means—if the harbour (or any part of it) is situated in England, Natural England, andif the harbour (or any part of it) is situated in Wales, the Natural Resources Body for Wales.

The decision

19

(1) The Secretary of State must—

(a) in the case of an EIA application, consider the matters specified in sub-paragraph (2) and, if relevant, sub-paragraph (5);

(b) in the case of any other application, consider the matters specified in sub-paragraph (4) and, if relevant, sub-paragraph (5).

(2) The matters to be considered in respect of an EIA application are—

(a) the reasoned conclusion (including whether it is up to date);

(b) to the extent that they were not required to be taken into account in reaching the reasoned conclusion—

(i) any objections made and not withdrawn;

(ii) the report of any person who held an inquiry or of any person appointed for the purpose of hearing an objector;

(c) if the Secretary of State is minded to make the order applied for, whether monitoring of the significant adverse effects of the project on the environment is appropriate, and if so—

(i) whether it is necessary to modify the order to include a monitoring measure, and

(ii) whether or not to include provision in the order for potential remedial action.

(3) For the purpose of determining whether it is appropriate to impose a monitoring measure, the Secretary of State must have regard to any existing monitoring arrangements which are carried out in accordance with an obligation under the law of any part of the United Kingdom (other than a provision implementing the EIA Directive).

(4) The matters to be considered in respect of an application mentioned in sub-paragraph (1)(b) are—

(a) any objections made and not withdrawn, and

(b) the report of any person who held an inquiry or of any person appointed for the purpose of hearing an objector.

(5) If an application for a harbour revision order relates to a project to be carried out in Scotland, the Scottish Ministers must also consider any written representations—

(a) submitted to them by the applicant in elaboration of the application, or

(b) submitted to them by an objector in elaboration of any objection.

(6) Following the consideration required by sub-paragraph (1), the Secretary of State must decide—

(a) not to make the order applied for,

(b) to make the order in the form of the draft submitted to him, or

(7) Sub-paragraph (6) is subject to paragraph 19A.

(8) In this paragraph and paragraph 19A “monitoring measure” means a requirement to monitor any significant adverse effects of a project on the environment.

20

(1) This paragraph applies where the Secretary of State makes a decision under paragraph 19(6) in relation to an EIA application.

(2) The Secretary of State—

(a) as soon as reasonably practicable after making the decision, must make the information specified in sub-paragraph (3) available on an official website, and

(b) must keep the information available on the website throughout the period of three months beginning with the day on which it is first made available on the website in accordance with this paragraph.

(3) The specified information is—

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

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

(d) a copy of any opinion given under paragraph 16(5)(b),

(e) the details of the provision made for public participation in the making of the decision,

(f) a summary of any objections—

(i) made about the likely significant adverse effects of the project on the environment , and

(ii) not withdrawn,

(g) a summary of any representations made under paragraph 10 or 10A about the likely significant adverse effects of the project on the environment,

(h) a copy of the reasoned conclusion,

(i) 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,

(j) a summary of how the information mentioned above (and, in particular, any opinion given under paragraph 16(5)(b) or the results of any consultations under paragraph 16(6)(a)) have been taken into account in making the decision, and

(k) a statement regarding the right to challenge the validity of the decision and the procedure for doing so.

(4) A failure to make the specified information available throughout the period specified in sub-paragraph (2)(b) is to be disregarded if—

(a) the information was available on the official website for part of that period, and

(b) the failure is wholly attributable to circumstances that it would not be reasonable to expect the Secretary of State to prevent or avoid.

(5) The Secretary of State, as soon as reasonably practicable after making the decision, must also publish by Gazette and local advertisement the following information—

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

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

(d) a statement that the matters referred to in paragraph 19(1) have been taken into consideration, and

(e) details of the official website on which the information referred to in sub-paragraph (2) is made available.

(6) The Secretary of State must also give notice of the information referred to in sub-paragraph (5) to such bodies likely to have an interest in the project by reason of their environmental responsibilities, or their local or regional competencies, as the Secretary of State considers appropriate.

The order

21

(1) Where the Secretary of State proposes to make the order applied for with modifications which appear to him substantially to affect the character of the order he—

(a) shall take such steps as appear to him to be sufficient and reasonably practicable for informing the applicant and other persons likely to be concerned, and

(b) shall not make the order or, if the order is subject to the affirmative procedure by virtue of section 54A(4) of this Act, lay before the Scottish Parliament a draft statutory instrument containing it, until such period for consideration of, and comment upon, the proposed modifications by the applicant and those other persons as he thinks reasonable has expired.

(2) The Secretary of State shall not make the order with a modification authorising the compulsory acquisition of land that was not described in the draft submitted to him as land subject to be acquired compulsorily, unless all persons interested consent.

22

(1) This paragraph applies where the Secretary of State makes an order which authorises the compulsory purchase of land and is—

(a) a harbour revision order relating to a harbour in England or Wales, or

(b) a harbour empowerment order relating to a harbour or to works to be carried out in England or Wales.

(2) The order shall be subject to special parliamentary procedure to the same extent as it would be, by virtue of section 18 or 19 of the Acquisition of Land Act 1981 or paragraph 5 or 6 of Schedule 3 to that Act (National Trust land, commons etc), if it were an order under section 2(1) of that Act.

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

(1) As soon as possible after a harbour revision order has been made, the applicant shall—

(a) publish a notice by Gazette and local advertisement,

(b) serve on the harbour authority (unless the applicant is the harbour authority) a copy of the order and a copy of any map annexed to it,

(c) serve a copy of the order and of any map annexed to it on each local authority on whom, in compliance with a requirement imposed by virtue of paragraph 12, a notice was served, and

(d) serve a copy of the order and of any map annexed to it on each person on whom, in compliance with a requirement imposed by virtue of paragraph 14, a copy of the draft order was served.

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

(a) state that the order has been made,

(b) name a place where a copy of the order and any map annexed to it may be inspected at all reasonable hours, and

(c) state, in the case of an order which is not subject to special parliamentary procedure, the date on which it comes into operation.

(2A) Sub-paragraphs (2B) to (2F) apply where a harbour revision order—

(a) authorises the compulsory acquisition of land in England or Wales, and

(b) applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 to the acquisition.

(2B) The applicant must serve the notice on any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).

(2C) The notice must—

(a) contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981), and

(b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the applicant information about the person’s name, address and interest in land, using a form set out in the notice.

(2D) The statement referred to in sub-paragraph (2C)(a) must be the same as the relevant statement prescribed under section 15(4)(e) of the Acquisition of Land Act 1981, subject to any necessary modifications.

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