# The Newport (Isle of Wight) Harbour Revision Order 2021, Article 5: Procedure for giving, amending or revoking general directions


(1) Subject to paragraph (7), if the Council proposes to give, amend or revoke a general direction under article 4 (general directions), it must—
(a) give notice in writing of the proposal to the “designated consultees”, them being;
(i) the Chamber of Shipping,
(ii) the Royal Yachting Association, and
(iii) such other persons or organisations as it considers appropriate for the purposes of the application of this provision,
(b) place a notice of the proposal on the Council’s website and in prominent locations in the harbour and at the Council’s main office on the same date as the notice given in accordance with sub-paragraph (a) and keep those notices on display for a minimum of 6 weeks;
(c) consult with the designated consultees upon the proposal, including allowing a period of not less than 6 weeks beginning with the date of the notice given in accordance with sub paragraphs (a) and (b) for written representations to be made by the designated consultees and any other persons to the Council on the proposal;
(d) have regard to all representations made during that consultation;
(e) give notice in writing to the designated consultees, and to those other persons that have provided a consultation response following the consultation, as to whether the Council proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for so doing, and
(f) if the Council proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their objection to the proposal within 28 days beginning with the date of the notice given in accordance with sub-paragraph (e) or such longer period as the Council may specify.
(2) Where the Council has complied with the requirements of paragraph (1) it may proceed to give, amend or revoke a general direction if—
(a) none of the designated consultees have made representations against the proposal;
(b) none of the designated consultees, having made representations against the proposal, have confirmed in writing that they are maintaining an objection to the proposal in accordance with paragraph (1)(f); or
(c) where a designated consultee has maintained an objection to the proposal in accordance with paragraph (1)(f), the requirements specified in paragraph (3) have been complied with.
(3) Where a designated consultee has confirmed in writing to the Council that they maintain an objection to the proposal—
(a) the issue must be referred to an independent person (“the adjudicator”) appointed—
(i) by agreement between the Council and each of the designated consultees maintaining an objection to the proposal in accordance with paragraph (1)(f) (“the parties”), or
(ii) failing agreement, by the President of the London Maritime Arbitrators Association on the application of either of the parties,
(b) so far as is reasonably practicable within 12 weeks beginning with the date of the referral, the adjudicator must—
(i) provide a reasonable opportunity for the parties to make representations to or be heard by the adjudicator at a hearing, and
(ii) make a written report in writing to the parties with findings and reasoned recommendations on the issue, and
(c) the Council must decide whether to exercise the power to give, amend or revoke the general direction having regard to the adjudicator’s report and recommendations, but it is not bound to give effect to the recommendations, and, once it has decided, it must give notice in writing to the designated consultees and to any other person that provided a consultation response of their decision and the reasons for that decision.
(4) If the Council wishes to exercise the power to give, amend or revoke a general direction in a form materially different from both the form notified to the parties under paragraph (1)(e) and where paragraph (3) applies the form recommended by the adjudicator under paragraph (3)(b), it must proceed as if the proposal is a new proposal to which paragraph (1) applies.
(5) Except as otherwise provided for in paragraph (3), an adjudicator may determine the procedure for the making of representations and the conduct of any hearing.
(6) The costs incurred by the adjudicator and by each of the parties on any referral under paragraph (3) are to be paid by such one or more of the parties to the referral as the adjudicator may direct.
(7) paragraphs (1) to (6) do not apply where in the interests of navigational safety, or safety of persons, the Council proposes to give or amend a general direction—
(a) in an emergency, or
(b) relating to an intended activity or operation in the harbour which—
(i) is expected to commence within 16 weeks of the Council having been notified of or otherwise becoming aware of the intended activity or operation,
(ii) is to last not more than 28 days, and
(iii) the Council considers that the giving or amending of a general direction is required, taking into account other activities and operations in the harbour which may be affected.
(8) Where the Council proceeds to give or amend a general direction in accordance with paragraph (7), it must—
(a) as soon as is reasonably practicable give notice of the direction or amendment to those persons who would have been designated consultees had paragraph (1)(a) applied; and
(b) if the direction or amendment is intended to continue in force for more than 12 weeks from the date of that notice, apply the procedures specified under paragraphs (1)(c) to (f) and (2) to (6) to the direction or amendment with the following modifications—
(i) a reference to the ‘proposal’ in those paragraphs is to be read as a reference to the direction or amendment, and
(ii) in paragraph (1)(c), for “sub-paragraphs (a) and (b)” substitute “paragraph (8)(a)”, and
(iii) a reference to the Council ‘proceeding’ with a proposal is to be read as a reference to the Council determining that the direction or amendment should remain in force.

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Source: https://www.legislation.gov.uk/uksi/2021/139/article/5 (the official version)
Page: https://openlegislation.uk/newport-isle-of-wight-harbour-revision-order-2021/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.