OpenLegislation

Article 25 Confirmation of byelawsI1

England and Wales

(1)

Byelaws made by the Company under this Order or section 83 of the Act of 1847 or under or by virtue of the Act of 1807 or the Act of 1844 shall not come into operation until they have been confirmed by the Secretary of State.

(2)

At least one month before an application for confirmation of byelaws is made by the Company to the Secretary of State notice of the intention to apply for confirmation and of the place at which and times during which a copy of the byelaws will be open to inspection must be published in one or more newspapers.

(3)

Such notice must include reference to the right to make objection or representation referred to in paragraph (7).

(4)

Not later than the first date on which the notice under paragraph (2) is published, the Company must send a copy of the notice to the Chief Executive Officer of Shepway District Council and to the Secretary of State.

(5)

During a period of at least one month before application is made for confirmation of the byelaws, a copy of the byelaws must be kept by the Company at the office of the harbour master and must at reasonable hours be open to public inspection without payment.

(6)

The Company must supply a copy of the byelaws or of part of the byelaws to a person who applies for it on payment of a reasonable charge as determined by the Company.

(7)

During the period of one month after completion of the publication of the notice required by paragraph (2), a person may make in writing to the Secretary of State an objection to or representation respecting the byelaws to which the notice relates.

(8)

Subject to paragraph (9), the Secretary of State may confirm the byelaws in the form submitted to him, with such modifications as he thinks fit, or may refuse to confirm them.

(9)

Where the Secretary of State proposes to make a modification that appears to him to be substantial, he must inform the Company and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification, and the Secretary of State must not confirm the byelaws until such period has elapsed as the Secretary of State thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.

(10)

A copy of the byelaws when confirmed must be printed and deposited by the Company at the office of the harbour master and must at all reasonable hours be open to public inspection without payment, and a copy of the byelaws must on application be furnished to any person on payment of such reasonable charge as the Company may determine.

Annotations

Commencement

I1

Art. 25 in force at 1.8.2017, see art. 1