Harbours Act 1964

• (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