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Conwy Tunnel (Supplementary Powers) Act 1983

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Change 1

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As published

7 Special control during and after the construction period.

(1) If at any time during the construction period it appears to the Secretary of State to be necessary or convenient for the purpose of any of the tunnel works he may give a direction under this section in respect of the harbour area or any part of it. (2) A direction under this section must specify the area to which it relates. (3) without prejudice to the giving of a further direction under this section, any such direction— (a) shall have effect for a limited period only, which must be specified in the direction; and (b) may be varied or revoked before the end of that period by a further direction under this section. (4) A direction under this section may apply to the area specified in the direction such of— (a) the powers conferred on the Secretary of State by Part I of Schedule 3 to this Act; and (b) the prohibitions and restrictions imposed by Part II of that Schedule; as may be so specified, whether generally or for such purposes or subject to such exceptions as may be so specified. (5) A direction under this section may provide— (a) that any powers of the harbour authority or the harbour master under any harbour order shall cease to be exercisable in the area specified in the direction either altogether or to any extent specified in the direction or (as the case may be) shall be so exercisable subject to any restrictions so specified; (b) that anything authorised or required by any such order or by any byelaws made or directions given under any such order to be done by or to the harbour authority or the harbour master may or shall be done instead in that area by or to the Secretary of State or any person acting on his behalf; and (c) that any such order, byelaws or directions shall apply within that area subject to any modifications specified in the direction. (6) A direction under this section may provide that any powers of the harbour authority to levy ship, passenger and goods dues (within the meaning of the Harbours Act 1964) shall cease to be exercisable in the area specified in the direction to any extent so specified. (7) After the end of the construction period all the powers conferred on the Secretary of State by Part I of Schedule 3 to this Act and the prohibitions and restrictions imposed by Part II of that Schedule shall apply within the tunnel maintenance area. (8) In this Act— “the harbour area” means the area comprising (a) Conwy harbour; and (b) any land from which the waters of the Estuary have been diverted in accordance with the Scheme; and “the tunnel maintenance area” means the area marked by crosshatching (or by both crosshatching and dots) on the plan included in Schedule 3 to the Scheme (limit of tunnel backfill).

Your change, as a redline

7 Special control during and after the construction period.

(1) If at any time during the construction period it appears to the Secretary of State to be necessary or convenient for the purpose of any of the tunnel works he may give a direction under this section in respect of the harbour area or any part of it. (2) A direction under this section must specify the area to which it relates. (3) without prejudice to the giving of a further direction under this section, any such direction— (a) shall have effect for a limited period only, which must be specified in the direction; and (b) may be varied or revoked before the end of that period by a further direction under this section. (4) A direction under this section may apply to the area specified in the direction such of— (a) the powers conferred on the Secretary of State by Part I of Schedule 3 to this Act; and (b) the prohibitions and restrictions imposed by Part II of that Schedule; as may be so specified, whether generally or for such purposes or subject to such exceptions as may be so specified. (5) A direction under this section may provide— (a) that any powers of the harbour authority or the harbour master under any harbour order shall cease to be exercisable in the area specified in the direction either altogether or to any extent specified in the direction or (as the case may be) shall be so exercisable subject to any restrictions so specified; (b) that anything authorised or required by any such order or by any byelaws made or directions given under any such order to be done by or to the harbour authority or the harbour master may or shall be done instead in that area by or to the Secretary of State or any person acting on his behalf; and (c) that any such order, byelaws or directions shall apply within that area subject to any modifications specified in the direction. (6) A direction under this section may provide that any powers of the harbour authority to levy ship, passenger and goods dues (within the meaning of the Harbours Act 1964) shall cease to be exercisable in the area specified in the direction to any extent so specified. (7) After the end of the construction period all the powers conferred on the Secretary of State by Part I of Schedule 3 to this Act and the prohibitions and restrictions imposed by Part II of that Schedule shall apply within the tunnel maintenance area. (8) In this Act— “the harbour area” means the area comprising (a) Conwy harbour; and (b) any land from which the waters of the Estuary have been diverted in accordance with the Scheme; and “the tunnel maintenance area” means the area marked by crosshatching (or by both crosshatching and dots) on the plan included in Schedule 3 to the Scheme (limit of tunnel backfill).

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