Article 15 Confirmation of Byelaws
Byelaws made by the Trustees under this Order shall not come into operation until they have been confirmed by the Scottish Ministers.
At least one month before an application for confirmation of byelaws is made by the Trustees to the Scottish Ministers, notice of the intention to apply for confirmation and of the place at which and times during which a copy of the byelaws shall be open to inspection shall be published as follows:—
once in the Edinburgh Gazette; and
once in each of two successive weeks in a newspaper circulating in the area in which the harbour is situated.
Not later than the first date on which the notice under paragraph (2) is published, the Trustees shall send a copy of the notice to the Chief Executive Officer of the Aberdeenshire Council and to the Scottish Ministers.
The Trustees shall supply a copy of the byelaws or of part of the byelaws to any person who shall apply for it free of charge.
During the period of one month after the date of first publication of any notice required by paragraph (2), any person may make in writing to the Scottish Ministers any objection to or representation respecting the byelaws to which the notice relates.
Subject to paragraph (7), the Scottish Ministers may confirm the byelaws in the form submitted to them or with such modifications as they think fit or may refuse to confirm them.
Where the Scottish Ministers propose to make a modification that appears to them to substantially affect the character of the byelaw they shall inform the Trustees and require them to take any steps the Scottish Ministers consider necessary for informing persons likely to be concerned with the modification, and the Scottish Ministers shall not make a decision under paragraph (6) until such period has elapsed as the Scottish Ministers think reasonable for consideration of, and comment upon, the proposed modification by the Trustees and by other persons who have been informed of it.
In making a decision under paragraph (6) the Scottish Ministers shall have regard to any comments that may have been received under paragraph (7).
The Trustees shall provide a copy of any confirmed byelaws, on application, to any person free of charge.