Paragraph 55 I1
England and Wales
The undertaker must not, under the powers conferred by this Order, temporarily possess, acquire or use, or acquire new rights over, port land without the consent of the harbour authority.
The undertaker must not exercise the powers conferred by article 17 (authority to survey and investigate land) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any port land without the consent of the harbour authority.
The powers conferred by article 29 (power to override easements and other rights) do not apply to any rights held by the harbour authority for the purpose of its statutory undertaking, except with the consent of the harbour authority.
The consent of the harbour authority under this paragraph must not be unreasonably withheld but may be given subject to reasonable conditions.
If the harbour authority fails to express its refusal or approval of any request for a consent under—
sub-paragraph (1) in respect of temporary possession powers;
sub-paragraph (2); or
sub-paragraph (3),
within 30 days of such a request having been delivered to it, and the harbour authority has not requested an extension of time to give its consent from the undertaker prior to the expiration of the 30 days which the undertaker has granted, acting reasonably, such a request is deemed to have been refused by the harbour authority.
If the harbour authority fails to express its approval of any request for a consent under sub-paragraph (1), (2) or (3) at the expiration of the extension of time granted by the undertaker under sub-paragraph (5), such a request is deemed to have been refused by the harbour authority.
Annotations
Commencement
- I1
Sch. 13 para. 55 in force at 21.5.2020, see art. 1