Article 9 Byelaws

The byelaws which may be made by the Trustees under section 83 of the Harbours Docks and Piers Clauses Act 1847^f1 or otherwise under the Gloucester Harbour Orders 1889 to 1988 may provide that any person contravening or failing to comply with any byelaw shall be liable on summary conviction to a fine not exceeding £400.

All byelaws so made by the Trustees after the coming into operation of this Order shall be subject to the provisions contained in section 236(3) to (8) and (11) and section 238 of the Local Government Act 1972^f2 and those sections shall for the purposes of this article be construed as if the Trustees were a local authority within the meaning of those sections and the clerk to the Trustees were the proper officer of that local authority.

The said section 236 in its application to byelaws made by the Trustees shall have effect as if in subsection (7) of that section after the word“confirm”, where it firstly occurs in that subsection, the words“with or without modification” were inserted:

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

As from the coming into operation of this Order, section 11 (Byelaws) of the Order of 1959 shall cease to have effect and section 12 (Inquiries) of that Order shall be amended by the substitution of the words“section 9 (Byelaws) of the Gloucester Harbour Revision Order 1988” for the words“this Order”.