HC Deb 30 March 1988 vol 130 cc1241-2

Amendments made: No. 39, in page 30, line 6, leave out from 'condition' to 'his' in line 7 and insert `subject to which the Secretary of State has given'. No. 40, in page 30, line 13, after 'any', insert `other'.

No. 41, in page 30, leave out lines 16 to 22 and insert— '(c) may, if the condition relates—

  1. (i) to the provision of any lights, signals or other aids to navigation, or
  2. (ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,
be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in paragraph (i) or (ii) above; and'. No. 42, in page 30, line 41, at end insert— `(5A) After section 36 insert—

"Imposition by Secretary of State of safety requirements in cases of emergency.

36A. — (1) Where at any time after the Secretary of State has given his consent for an operation falling within section 34(1)(a) of this Act ("the relevant consent"), it appears to him—

  1. (a) that any danger to navigation has arisen by reason of—
    1. (i) any substantial damage to any works to which that consent relates, or
    2. (ii) any other substantial and unforeseen change in the state or position of any such works, and
  2. (b) that it is urgently necessary to do so in the interests of the safety of navigation,
he may, by notice served on the person to whom the consent was given, impose on that person such requirements as he thinks fit with respect to any of the matters referred to in subsection (2) below. (2) Those matters are—
  1. (a) the provision on, in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
  2. (b) the stationing of guard ships in the vicinity of those works.
 (3) Where the person on whom a notice is served under subsection (1) above fails to comply with any requirements of the notice within the period of 24 hours beginning with the time when it is served on him or as soon after the end of that period as is reasonably practicable, the Secretary of State may make such arrangements as he thinks fit for the purpose of securing that those requirements are implemented. (4) Where under subsection (3) above the Secretary of State makes any such arrangements, he shall be entitled to recover the cost, as certified by him, of making those arrangements from such one or more of the following, namely—
  1. (a) the person to whom the relevant consent was given, and
  2. (b) any other person or persons who is or are, in accordance with section 34(4A)(b) of this Act, bound by any condition subject to which that consent was given,
as he thinks fit. (5) Once the requirements of a notice under subsection (1) above have been complied with by the person on whom it was served or implemented in accordance with arrangements made by the Secretary of State under subsection (3) above, those requirements shall, subject to subsection (6) below, be treated for the purposes of this Part of this Act as conditions subject to which the relevant consent was given. (6) Section 34(4A)(a) and (d) of this Act shall not apply to any such requirements; but if it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, he shall revoke them by notice served on the person to whom the relevant consent was given. (7) Where the Secretary of State has served a notice under subsection (1) above in respect of any particular circumstances, subsection (5) above shall not preclude him from serving a further notice under subsection (1) in respect of those circumstances. (8) A notice may be served by the Secretary of State under subsection (1) above whether or not—
  1. (a) the operation in question has been completed, or
  2. (b) any condition was imposed by him, on giving the relevant consent, with respect to any of the matters referred to in subsection (2) above.".'. —[Mr. David Mitchell]

Forward to