The Cornwall Harbours Harbour Revision Order 2023
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Change 1
30 Confirmation of byelaws
(1) The provisions contained in subsections (3) to (8) of section 236 (procedure etc. for byelaws) and section 238 (evidence of byelaws) of the Local Government Act 1972 shall apply to all byelaws made after the coming into force of this Order, by the Council under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named). (2) In its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named), section 236 (procedure etc. for byelaws) shall have effect, subject to paragraph (3), as if after the word “confirm” in subsection 236(7) in the first place where that word occurs there were inserted the words “with or without modification”. (3) Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then— (a) the confirming authority must inform the Council and require it to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification; (b) the confirming authority must not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Council and other persons who have been informed of the proposed modifications to consider and comment on it. (4) The confirming authority for the purposes of this article and of section 236 (procedure etc. for byelaws) in its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named) shall be the Secretary of State.
30 Confirmation of byelaws
(1) The provisions contained in subsections (3) to (8) of section 236 (procedure etc. for byelaws) and section 238 (evidence of byelaws) of the Local Government Act 1972 shall apply to all byelaws made after the coming into force of this Order, by the Council under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named). (2) In its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named), section 236 (procedure etc. for byelaws) shall have effect, subject to paragraph (3), as if after the word “confirm” in subsection 236(7) in the first place where that word occurs there were inserted the words “with or without modification”. (3) Where the confirming authority proposes to make a modification which appears to the confirming authority to be substantial, then— (a) the confirming authority must inform the Council and require it to take any steps the confirming authority thinks necessary for informing persons likely to be concerned with that modification; (b) the confirming authority must not confirm the byelaws until there has elapsed such period as the confirming authority thinks reasonable for the Council and other persons who have been informed of the proposed modifications to consider and comment on it. (4) The confirming authority for the purposes of this article and of section 236 (procedure etc. for byelaws) in its application to byelaws made under this Order or section 83 of the Act of 1847 (byelaws may be made for all or any of the purposes herein named) shall be the Secretary of State.
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