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Paragraph 4 Consideration of application to which paragraph 2 or 3 applies, and appealsF1C1

(1)

This paragraph applies where a person (“the applicant”) makes an application to a competent harbour authority for authorisation and paragraph 2 or paragraph 3 applies.

(2)

The competent harbour authority shall—

(a)

examine without unreasonable delay the application for authorisation;

(b)

take its decision on the application within the period of four months beginning with the date on which the application and comprehensive supporting documentation were submitted; and

(c)

in giving its decision on the application, state the reasons for its decision.

(3)

The applicant may appeal to the Secretary of State in respect of—

(a)

a failure by the authority to take a decision on the application; or

(b)

an act or omission of the authority on the grounds that the act or omission breaches paragraph 2 or 3 of this Schedule.

(4)

An appeal to which this paragraph applies shall be made in such manner as the Secretary of State may direct.

Annotations

Textual amendments

F1

Sch. A1 inserted (30.5.2003) by The Pilotage (Recognition of Qualifications and Experience) Regulations 2003 (S.I. 2003/1230), regs. 1, 2(5)

Modifications

C1

Sch. A1 para. 4: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(f)(vi), 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.)