Harbours Act 1964

• (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

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

• (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 objections thereto that were duly made to the Minister have not been withdrawn, he shall, unless he decides that the scheme shall not proceed further, cause an inquiry to be held with respect to each objection so made and not withdrawn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;

• (c) the levying of ship, passenger and goods dues;

• (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,

• (c) the objection does not specify the grounds on which it is made, or

• (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;

• (c) the relevant conservation body;

• (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

• (c) to make the order with modifications.

• (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,

• (c) a summary of the results of any consultations under paragraph 15 or 16(6)(a),

• (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,

• (c) a statement regarding the right to challenge the validity of the decision and the procedure for doing so,

• (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.

• (2E) The form mentioned in sub-paragraph (2C)(b) must be the same as the relevant form that is prescribed under section 15(4)(f) of the Acquisition of Land Act 1981, subject to any necessary modifications.

• (2F) The applicant must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

• (2G) For the purposes of sub-paragraphs (2D) and (2E), a statement or a form is “relevant”—

• (a) where the harbour revision order is made by the Welsh Ministers, if it was prescribed by the Welsh Ministers, or

• (b) where the harbour revision order is made by the Secretary of State, if it was prescribed by the Secretary of State.

Statutory undertakers’ land

25

• (1) This paragraph applies where application is made to the Secretary of State for a harbour revision order which will authorise the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking.

• (2) If on a representation made to it the appropriate authority is satisfied—

• (a) that any of the said land is used for the purposes of the carrying on of the statutory undertakers’ 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 such land unless sub-paragraph (3) applies.

• (3) This sub-paragraph applies where that authority certifies that the nature and situation of the land are such—

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

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

• (4) The representation mentioned in sub-paragraph (2) must be made before the expiry of the period of 42 days starting with the date on which the notice that the application has been made for the order first appears in a local newspaper.

• (5) In this paragraph “statutory undertakers" means any person authorised by an Act (whether public general or local) or by any order or scheme made under or confirmed by an Act to carry on any of the following undertakings—

• (a) a railway, light railway, tramway or road transport undertaking;

• (b) an undertaking the activities of which consist in—

• (i) the maintenance of a canal;

• (ii) the conservation or improvement of a river or other inland navigation;

• (iii) the improvement, maintenance or management of a harbour (whether natural or artificial), port, haven or estuary, a dock (whether used by sea-going ships or not) or a wharf, quay, pier, jetty or other place at which ships (whether sea-going or not) can ship or unship goods or embark or disembark passengers; or

• (iv) the provision and maintenance of a lighthouse; or

• (c) an undertaking for the supply of hydraulic power.

• (6) In this paragraph, “the appropriate authority" means—

• (a) in relation to a statutory undertaker authorised to carry on an undertaking whose activities consist in the improvement, maintenance or management of—

• (i) a fishery harbour in England, the Minister of Agriculture, Fisheries and Food; or

• (ii) a harbour that is wholly in Wales other than a reserved trust port, the Welsh Ministers;

• (b) in relation to a statutory undertaker authorised to carry on an undertaking in Scotland, and in relation to whom the relevant Ministerial function has been transferred to the Scottish Ministers under the Scotland Act 1998, the Scottish Ministers; and

• (c) in relation to any other statutory undertaker, the Secretary of State.

Notices

26

• (1) Where the Secretary of State proposes to make a harbour revision order of his own motion, he shall first—

• (a) publish a notice by Gazette and local advertisement and in such other ways as he thinks appropriate, and

• (b) serve on the harbour authority, and on any other person who he thinks ought to have notice of the proposal, a copy of the draft order and a notice.

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

• (a) state that the Secretary of State proposes to make the order,

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

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

• (d) state that any person who desires to object to the proposal 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 specified in the notice.

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

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

• (a) state that the Secretary of State proposes to make the order, and

• (b) state that if the harbour authority or other person served desires to object to the proposal 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.

Objections

27

• (1) The following paragraphs in this Part have effect where—

• (a) all notices concerning a proposal of the Secretary of State to make a harbour revision order have been published under paragraph 26(1)(a),

• (b) all notices and other documents which are required to be served under paragraph 26(1)(b) have been served, and

• (c) every period for the making of objections to the Secretary of State in respect of the proposal has expired.

28

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

• (2) This paragraph does not apply if—

• (a) the proposing authority decides that the proposal is not to proceed further,

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

• (c) the objection does not specify the grounds on which it is made, or

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

• (3) Before deciding the application under paragraph 29, the proposing 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 proposing authority.

• (4) If the objection was made by the Welsh Ministers to the Secretary of State, the Secretary of State must cause an inquiry to be held under sub-paragraph (3)(a).

• (5) Where—

• (a) the objection was made by a person within sub-paragraph (6), and

• (b) that person makes a request in writing to the proposing authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (3)(b),

the proposing authority must either cause an inquiry to be held under sub-paragraph (3)(a) or cause the objection to be dealt with in accordance with sub-paragraph (3)(b), as the proposing authority may determine.

• (6) The persons within this sub-paragraph are—

• (a) any local authority for an area in which the harbour (or any part of it) is situated, and

• (b) the relevant conservation body.

• (7) Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion.

• (8) In this paragraph—

• “local authority” has the same meaning as in paragraph 18;

• “the proposing authority” means— the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order; the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;

• “the relevant conservation body” has the same meaning as in paragraph 18.

The decision

29

• (1) The Secretary of State shall consider—

• (a) any objections made and not withdrawn, and

• (b) the report of any person who held an inquiry and of any person appointed for the purpose of hearing an objector under paragraph 28.

• (2) Following the consideration required by sub-paragraph (1) the Secretary of State shall decide—

• (a) not to make the order proposed,

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

• (c) to make it with modifications.

The order

30

Where the Secretary of State proposes to make the order with modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he—

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

• (b) shall not make the order or, if the order is subject to the affirmative procedure, lay before the Scottish Parliament a draft statutory instrument containing it, until a reasonable period for consideration of, and comment upon, the proposed modifications by those persons has expired.

31

• (1) As soon as possible after a harbour revision order has been made by the Secretary of State of his own motion he shall—

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

• (b) serve a copy of the order on each person on whom notice was served under paragraph 26(1)(b).

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

• (a) state that the order has been made, and

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

32

• (1) The modifications subject to which Part I of this Schedule is, by virtue of section 17(1)(g) of this Act, to have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State are those set out in this paragraph.

• (2) For references to a harbour revision order there shall be substituted references to a harbour empowerment order.

• (3) For paragraphs 13 and 14 there shall be substituted—

(13) (1) The Secretary of State may require the applicant to serve on any specified person within any specified period of time 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 person wishes to object to the application 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. (2) The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map. "

• (3A) Paragraph 18(1D)(aa) shall be omitted.

• (4) Paragraph 24(1)(b) shall be omitted, and for the reference, in paragraph 24(1)(d), to paragraph 14, there shall be substituted a reference to paragraph 13(1).

Part I — Procedure for Submission and Confirmation of Harbour Reorganisation Schemes

Part II — Modifications subject to which Part I has effect with Respect to Procedure for Making of Harbour Reorganisation Schemes by the Secretary of State of His Own Motion.

5

References to confirming a scheme shall be construed as references to making a scheme.

6

Paragraph 1 shall be ommitted.

7

In paragraph 2—

• (a) for the opening words down to “proceed” there shall be substituted “Where the Secretary of State proposes to make, of his own motion, a harbour reorganisation scheme”;

• (b) for the words “has been submitted to” wherever occurring there shall be substituted the words “is proposed to be made by” and in sub-paragraph (d) the words “and are not parties to the submission of the scheme” shall be ommitted;

• (c) for any reference in sub-paragraph (a), (b) or (d) to a map deposited with the scheme there shall be substituted a reference to a map to be annexed to the scheme.

8

In paragraph 3—

• (a) in sub-paragraph (1) for the words “submitted to” there shall be substituted the words “proposed to be made by”;

• (b) in sub-paragraph (7) for the words “as submitted to him” there shall be substituted the words “as served under paragraph 2(d) above on the authorities there mentioned”, and there shall be omitted the words “that submitted the scheme to him” and the words “that submitted the scheme”.

9

In paragraph 4 for the words “submitted to” there shall be substituted the words “proposed to be made by.”

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

Editorial notes

[^c22750321]: Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3

[^c22750341]: Words in Sch. 3 para. 16(4) substituted (2.10.2000) by S.I. 2000/2391, reg. 2(d)

[^c22750381]: Words in Sch. 3 para. 1 substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 para. 3

[^c22750411]: Words in Sch. 3 para. 1 substituted (E.W.) (1.4.2001) by 2000 c. 37, s. 93, Sch. 15 para. 4 (with s. 84(4)-(6)); S.I. 2001/114, art. 2(2)(e)

[^c22750431]: Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2

[^c7736701]: Act extended by Docks and Harbours Act 1966 (c. 28), s. 50(1)

[^c7736711]: So far as may be necessary for the purposes of any amendment by Transport Act 1981 (c. 56, SIF 58) references in this Act to the Minister shall be construed as references to the Secretary of State: Transport Act 1981 (c. 56, SIF 58), ss. 15–17, 18(4), Sch. 5 para. 4(1)(b).

[^c7736721]: Act amended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 31(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58 Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c7736731]: Act amended (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 13(1) Certain functions of the Act transferred (8.2.1993) by S.I. 1993/321, arts. 1(2). 3(1). Act: functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2(1)(b), 3

[^c7736741]: Act partly in force at Royal Assent see s. 63(4); Act wholly in force at 1.10.1964

[^c7736751]: Ss. 1–8, 12 repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7736761]: S. 9 repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6, Sch.

[^c7736771]: S. 10 repealed by Ports (Finance) Act 1985 (c. 30, SIF 58), s. 6(2), Sch.

[^c7736781]: S. 11 amended by Harbours (Loans) Act 1972 (c. 16, SIF 58), s. 4(1)

[^c7736791]: S. 11(1) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 40(5)

[^c7736801]: Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7736811]: Words substituted by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 1

[^c7736821]: Ss. 1–8, 12 repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7736831]: S. 13(1) repealed by Harbours (Amendment) Act 1970 (c. 53), s. 1(2)

[^c7736841]: 1919 c. 50(126).

[^c7736851]: 1861 c. 47(58).

[^c7736861]: Words repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13,SIF 99:3), Sch. 6 Pt. II

[^c7736871]: S. 13(2)(b) repealed, except in relation to any loans made before 1.4.1968, by National Loans Act 1968 (c. 13, SIF 99:3), Sch. 6 Pt. II

[^c7737001]: S. 14 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(4)

[^c7737011]: Functions of Minister of Agriculture, Fisheries and Food under s. 14 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly by S.I. 1969/388, art. 3, Sch. 2 and S.I. 1978/272, art. 2, Sch. 1

[^c7737021]: S. 14(2)(b) excluded by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(2)

[^c7737031]: Words in s. 14(2)(b) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(2); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737041]: S. 14(2A) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 2

[^c7737051]: S. 14(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(3); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737061]: S. 14(3) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(3); and s. 14(3) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 45

[^c7737071]: Words in s. 14(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(a); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737081]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3.

[^c7737091]: Words in s. 14(3) inserted (15.7.1992) by Transport and Works 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(b); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737101]: Words in s. 14(3) expressed to be substituted (15.7.1992) for the words "repealing and amending" by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(4)(c); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737111]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(2)

[^c7737121]: 1980 c. 43(82).

[^c7737131]: 1975 c. 21(39:1).

[^c7737141]: Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

[^c7737151]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(3)

[^c7737161]: S. 14(4A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(5); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737171]: Words in s. 14(5) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(6); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737181]: S. 14(5A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 1(7); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737191]: S. 14(6) repealed (except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981) by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II

[^c7737201]: Functions of Minister of Agriculture, Fisheries and Food under s. 15 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly by S.I. 1969/388, art. 3, Sch. 2 and S.I. 1978/272, art. 2, Sch. 1

[^c7737211]: S. 15: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c7737221]: Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7737231]: S. 15(2) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7737241]: S. 15A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 5(1)

[^c7737251]: S. 15A: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c7737381]: Functions of Minister of Agriculture, Fisheries and Food under s. 16 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly by S.I. 1969/388, art. 3, Sch. 2 and S.I. 1978/272, art. 2, Sch. 1

[^c7737391]: S. 16: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c7737401]: References in s. 16(1)(b), (3)(b) to Minister and Secretary of State to have effect as references to Secretary of State for the time being concerned with harbours generally and Secretary of State for Scotland by virtue of S.I. 1970/1681, Sch. 3 para. 11(1)

[^c7737421]: S. 16(5) excluded by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(2)

[^c7737431]: Words in s. 16(5) added (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(2); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737441]: S. 16(6) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 45

[^c7737451]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3

[^c7737461]: Words in s. 16(6) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(3); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737471]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(2)

[^c7737481]: 1980 c. 43(82).

[^c7737491]: 1975 c. 21(39:1).

[^c7737501]: Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

[^c7737511]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 14(3)

[^c7737521]: Words in s. 16(7) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(4); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737531]: S. 16(7A) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 2(5); S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737541]: S. 16(8) repealed (except as to a harbour revision or empowerment order in relation to which the notices required by para. 3(a) or 7(a) of Sch. 3 to this Act have been published before 1.10.1981) by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 4(1)(8), Sch. 12 Pt. II

[^c7737721]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

[^c7737741]: S. 17(1)(c)-(f) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7737751]: Words in s. 17(1) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(a)

[^c7737771]: S. 17(1)(h)(i) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7737781]: Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(1)(3)

[^c7737801]: Words in S. 17(1) omitted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(b)

[^c7737811]: S. 17(2A)(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 3; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737821]: S. 17(2C) added (1.2.2000) by S.I. 1999/3445, reg. 15(2)

[^c7737831]: S. 17(3)(4) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7737961]: S. 18 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 36(4)

[^c7737971]: Words repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7737981]: S. 18(1A) inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(1)

[^c7737991]: S. 18(2)(h) amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(2)

[^c7738001]: Words inserted by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(1)

[^c7738011]: S. 18(2)(i) extended by Docks and Harbours Act 1966 (c. 28, SIF 58), ss. 42(4)(a), 43(3); and explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 45

[^c7738021]: Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 3

[^c7738031]: S. 18(3) amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 42(2)

[^c7738041]: Words in s. 18(3) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para.4; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

[^c7738051]: S. 18(4) substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 6(2)

[^c7738061]: Words inserted by Transport Act 1981 (c. 56), Sch. 6 para. 6(3)

[^c7738081]: S. 19 amended by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 43(2)

[^c7738091]: Ss. 20–25 repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

[^c7738101]: S. 26 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)

[^c7738111]: 1847 c. 27(58).

[^c7738121]: 1962 c. 46(126).

[^c7738131]: 1915 c. 48(58).

[^c7738201]: S. 27 extended by Transport Act 1981 (c. 56, SIF 58), Sch. 4 para. 1(2)(a)

[^c7738221]: S. 27(1) explained by Docks and Harbours Act 1966 (c. 28, SIF 58), s. 46(1)

[^c7738231]: Words in s. 27(2)(c) substituted (E.W.) (1.12.1991) for the words "section 28 of the Salmon and Freshwater Fisheries Act 1975 by virtue of paragraph 1(a) of Schedule 3 to that Act" by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2), Sch. 1 para. 13(2)(a)

[^c7738241]: Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF:1), s. 17(2)(a)

[^c7738251]: Words in s. 27(2)(e) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 2(1), 4(2), Sch. 1 para. 13(2)(b)

[^c7738291]: Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

[^c7738301]: 1975 c. 51(52:2).

[^c7738321]: 1963 c. 38(130).

[^c7738331]: S. 27A inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 6 para. 8(1)

[^c7738341]: 1962 c. 46(126).