Search Legislation

Coast Protection Act 1949

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: General Provisions

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Coast Protection Act 1949, Cross Heading: General Provisions. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

General ProvisionsU.K.

1E+WBefore making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a)on the council of every county [F1county borough,] . . . F2 or county district wholly or partly included in the area affected by the order;

(b)F3[F4... on any sea defence commissioners, coast protection board, internal drainage board], harbour authority, fishery board, [F5 inshore fisheries and conservation authority, ] F6... conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

[F7(ba)on the Environment Agency if any part of the area affected by the order is in England, and on the Natural Resources Body for Wales if any part of the area affected by the order is in Wales;]

(c)on any local . . . F2 authority known to him to be responsible for the maintenance of any highway in the area; and

(d)on the [F8British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F8the Board.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F6Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F8Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

1SBefore making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a)on the council of every county [F9county borough,] . . . F10 or county district wholly or partly included in the area affected by the order;

(b)on any sea defence commissioners, coast protection board, [F11river authority] or other drainage authority, harbour authority, fishery board, [F5 inshore fisheries and conservation authority, ][F6local fisheries committee,] conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

[F7(ba)on the Environment Agency if any part of the area affected by the order is in England, and on the Natural Resources Body for Wales if any part of the area affected by the order is in Wales;]

(c)on any local . . . F10 authority known to him to be responsible for the maintenance of any highway in the area; and

(d)on the [F12British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F12the Board.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F6Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F9Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F11Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F12Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

2U.K.—Before making an order the Minister shall consider any objections which may be duly made to the draft order and may in any case cause a local inquiry to be held with respect to any objections to the draft order.

3(1)In the case of an order which by virtue of the provisions of this Act is required to be made jointly by the Ministers concerned, references in the foregoing paragraphs to the Minister shall be construed as references to the Ministers concerned.U.K.

(2)Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a body mentioned in paragraphs (b) to (d) of paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Ministers concerned instead of by the Minister.

4U.K.In this Part of this Schedule the expression “the area affected by the order”—

(a)in the case of an order providing for the constitution of a coast protection board, means the area for which the board will be the coast protection authority;

(b)in the case of an order varying the constitution of a coast protection board, but not altering the area for which the board is the coast protection authority, means that area;

(c)in the case of an order altering the area of a coast protection board, means that area and any other area proposed by the order to be included in the area of the board; and

(d)in the case of an order repealing or amending any provision of a local Act, means any area in relation to which any power or duty conferred or imposed by that provision is exercisable;

and the expression “the Ministers concerned” has the meaning assigned to it by subsection (8) of section two of this Act and the power of determination conferred on the Treasury by that subsection shall apply accordingly.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources