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Harbours Bill [HL]


Harbours Bill [HL]

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A

Bill

To

Amend the procedure for dealing with applications for orders under section

14 or 16 of the Harbours Act 1964 and for making orders under section 15 of

that Act; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Amendment of procedure for dealing with applications for harbour orders

     (1)    Paragraph 18 of Schedule 3 to the 1964 Act (which provides for the holding of

an inquiry or public hearing where an objection is made to an application for a

harbour revision or empowerment order and is not withdrawn) shall be

amended as follows.

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     (2)    For sub-paragraph (1) there shall be substituted—

                       “(1)                This paragraph applies if an objection to the application was made to

the Secretary of State and has not been withdrawn unless the

Secretary of State decides that the application shall not proceed

further.

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                       (1A)                The Secretary of State may cause an inquiry to be held for the

purposes of the application.

                       (1B)                The Secretary of State may give to a person who makes an objection

within the period specified in paragraph 10(2)(f) or 11(d) an

opportunity of appearing before and being heard by a person

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appointed by the Secretary of State for the purpose.

                       (1C)                Where—

                      (a)                        an objection is made—

                             (i)                            within the period specified in paragraph 10(2)(f) or

11(d), and

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                             (ii)                           by a person within sub-paragraph (1D); and

                      (b)                        that person informs the Secretary of State in writing that he

wishes the objection to be referred to an inquiry or dealt

with in accordance with sub-paragraph (1B),

 
HL Bill 24 53/2
 
 

Harbours Bill [HL]

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                                       then, unless the Secretary of State considers the objection frivolous or

trivial or sub-paragraph (3) applies, he shall either cause an inquiry

to be held, or, if he so determines, cause the objection to be dealt with

in accordance with sub-paragraph (1B).

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

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                      (a)                        any local authority for an area in which the harbour (or any

part of it) is situated, and

                      (b)                        if the Order will authorise the compulsory acquisition of

land, any person who is entitled to be served with notice

under paragraph 11;

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                                       and in this sub-paragraph “local authority” has the same meaning as

in paragraph 12.”

     (3)    In sub-paragraph (2), for “sub-paragraph (1)(a)” there shall be substituted

“sub-paragraph (1B)”.

 2     Amendment of procedure where harbour revision orders are made by the

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Secretary of State of his own motion

For paragraph 28 of Schedule 3 to the 1964 Act there shall be substituted—      

        “28               (1)                                This paragraph applies if an objection to the proposal was made to

the Secretary of State and has not been withdrawn unless—

                    (a)                   he decides that the proposal shall not proceed further,

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                    (b)                   he considers the objection is frivolous or trivial, or

                    (c)                   the objection does not specify the grounds on which it is

made.

                       (2)                                The Secretary of State may, if he so decides—

                    (a)                   cause an inquiry to be held, or

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                    (b)                   give to a person who made an objection within the period

specified in paragraph 26(2)(d) an opportunity of appearing

before and being heard by a person appointed by the

Secretary of State.

                       (3)                                Where—

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                    (a)                   an objection is made—

                           (i)                          within the period specified in paragraph 26(2)(d), and

                           (ii)                         by a local authority for an area in which the harbour

(or any part of it) is situated; and

                    (b)                   the local authority informs the Secretary of State that the

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authority wishes the objection to be referred to an inquiry or

dealt with in accordance with sub-paragraph (2)(b),

                                       the Secretary of State shall either cause an inquiry to be held, or, if he

so determines, cause the objection to be dealt with in accordance

with sub-paragraph (2)(b).

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                       (4)                                Where an objector is heard in accordance with sub-paragraph (2)(b),

the Secretary of State shall allow such other persons as he thinks

appropriate to be heard on the same occasion.

                       (5)                                In this paragraph “local authority” has the same meaning as in

paragraph 12.”

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Harbours Bill [HL]

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 3     Interpretation

In this Act “the 1964 Act” means the Harbours Act 1964 (c. 40).

 4     Short title, commencement, transitional provision and extent

     (1)    This Act may be cited as the Harbours Act 2003.

     (2)    This Act shall come into force on the expiration of the period of two months

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beginning with the date on which it is passed.

     (3)    Nothing in this Act applies—

           (a)           in relation to an application for an order under section 14 or 16 of the

1964 Act which is made before this Act comes into force; or

           (b)           in relation to a proposal by the Secretary of State to make a harbour

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revision order of his own motion in respect of which a notice is

published in the London Gazette under paragraph 26(1)(a) of Schedule

3 to the 1964 Act before this Act comes into force.

     (4)    This Act does not extend to Northern Ireland.

 

 

Harbours Bill [HL]

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