OpenLegislation

Section 17 Procedure for making harbour revision and empowerment orders, and substitution thereof, in general, for provisional orders.C1C2

England, Wales and Scotland

(1)

The provisions of Schedule 3 to this Act shall have effect as follows with respect to the procedure for making harbour revision and empowerment orders:—

(a)

Part I of that Schedule shall have effect with respect to the procedure for making harbour revision orders upon application therefor to F1the Secretary of State;

(b)

Part II of that Schedule shall have effect with respect to the procedure for the making of harbour revision orders by the Secretary of State of his own motion;

F2c)—(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)

Part I of that Schedule shall, subject to the modifications specified in Part F3III thereof, have effect with respect to the procedure for the making of harbour empowerment orders by the Secretary of State;

F4h), (i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5and the said Parts I, II and III shall have effect with respect to the procedure for the making of orders by the Minister of Agriculture, Fisheries and Food with the substitution F6. . . of references to him for references to the Secretary of State.

(2)

Neither the Minister nor the Minister of Agriculture, Fisheries and Food nor the Secretary of State shall make a harbour revision or empowerment order including provision authorising the compulsory acquisition of land unless it also includes provision for the payment of compensation in respect of the acquisition.

F7(2A)

Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for extinguishing a public right of way over a footpath F8or bridleway , bridleway or restricted byway unless he is satisfied—

(a)

that an alternative right of way has been or will be provided, or

(b)

that the provision of an alternative right of way is not required.

(2B)

Neither the Secretary of State nor the Minister of Agriculture, Fisheries and Food shall make a harbour revision or empowerment order which provides for diverting a public right of way over a footpath or bridleway , bridleway or restricted byway unless he is satisfied that the path or way will not be substantially less convenient to the public in consequence of the diversion.

F9(2C)

In this section and in Schedule 3 to this Act (except in F10paragraphs 20A and 25(6)(c) of Schedule 3), references to “the Secretary of State” are to be construed, in relation to a F11harbour that is wholly in Wales, other than a reserved trust port, as references to the Welsh Ministers, and in relation to Scotland, as references to the Scottish Ministers.

F12(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words substituted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(2)

F2

S. 17(1)(c)-(f) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F3

Words in s. 17(1) substituted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(a)

F4

S. 17(1)(h)(i) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

F5

Words inserted by Transport Act 1981 (c. 56, SIF 58), Sch. 5 para. 14(1)(3)

F6

Words in S. 17(1) omitted (1.2.2000) by S.I. 1999/3445, reg. 15(1)(b)

F7

S. 17(2A)(2B) inserted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 63(1), Sch. 3 para. 3; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

F8

Words in s. 17(2A)(2B) substituted (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F9

S. 17(2C) added (1.2.2000) by S.I. 1999/3445, reg. 15(2)

F10

Words in s. 17(2C) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 1 para. 2 (with Sch. 6 para. 2(2))

F11

Words in s. 17(2C) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 30(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

F12

S. 17(3)(4) repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. II; S.I. 1992/1347, art. 2, Sch. (subject to art. 3)

Modifications

C1

S. 17 applied (E.W.) (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 1(2)(4), 2(1), Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

C2

Ss. 14-17: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)