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Harbours Act 1964

Type Public General Act
Publication 1964-06-10
Last updated 2026-02-20
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
459

S. 18: transfer of functions (1.4.2018) by Wales Act 2017 (c. 4), ss. 29(2)(b)(iii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g) (with transitional provisions and savings in S.I. 2018/278, reg. 2, Sch.)

468

Words in s. 53 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 30(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

469

Words in s. 49(2) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 10(b); Instrument 2006 No. 2 made by the Archbishops

470

Words in s. 57(1) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(4), 30(4); S.S.I. 2007/516, art. 2

472

Words in s. 18(4) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), Sch. 3; S.S.I. 2007/516, art. 2

474

Sch. 3: power to amend or repeal conferred for specified purposes (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pts. 1, 2 (with s. 247)

475

Words in Sch. 3 para. 1 substituted (S.) (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), s. 59(2), Sch. 7 para. 1(a) (with s. 55(2)); S.S.I. 2004/495, art. 2 (para (b) had previously been repealed for E.W. (30.1.2001 for E., 1.5.2001 for W.) by 2000 c. 37, s. 102, Sch. 16 Pt. III; S.I. 2001/114, art. 2(1)(d)(ii); S.I. 2001/1410, art. 2(p))

477

Words in Sch. 3 para. 18(3) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(4)(a) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

479

S. 43(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 30(5)(d), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

484

S. 30 applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), arts. 1(1), 45 (with arts. 78, 80, 81)

485

Words in Sch. 3 para. 18(2) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(3)(b) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

486

Sch. 3 para. 18(1)-(1E) substituted for Sch. 3 para. 18(1) (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(2) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

487

S. 40 applied (with modifications) (S.) (30.9.2004) by The Dunbar Harbour Revision (Transfer) Order 2004 (S.S.I. 2004/421), arts. 1, 4(7)

496

Ss. 42C, 42D inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 4; S.I. 2009/3345, art. 2, Sch. para. 26

498

Words in Sch. 3 para. 18(3)(b) substituted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 5(4)(c) (with Sch. 21 para. 7); S.I. 2009/3345, art. 2, Sch. para. 26

501

S. 30 applied (with modifications) (E.) (17.2.2021) by The Weymouth Harbour Revision Order 2021 (S.I. 2021/43), arts. 1, 10 (with arts. 42, 44)

504

Act modified (23.3.2023 for specified purposes; 1.12.2024 in so far as not already in force) by Seafarers Wages Act 2023 (c. 8), ss. 9(7), 20(3) (with s. 1(2)); S.I. 2024/1008, reg. 2

506

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

507

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

508

Sch. 3 para. 28 substituted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(1), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

509

Words in Sch. 3 para. 28(4)(a) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(i), 30(4); S.S.I. 2007/516, art. 2

510

Words in Sch. 3 para. 28(4)(b) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(m)(ii), 30(4); S.S.I. 2007/516, art. 2

511

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

512

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

515

Sch. 3 para. 10(2)(g) and preceding word added (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(v), 30(3) (with s. 30(5))

516

Words in Sch. 3 para. 10(4) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(c), 30(3) (with s. 30(5))

517

Sch. 3 para. 10(2)(ca) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(i), 30(3) (with s. 30(5))

518

Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iv), 30(3) (with s. 30(5))

519

Words in Sch. 3 para. 10(2)(f) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(iii), 30(3) (with s. 30(5))

522

Word in Sch. 3 para. 10(2)(e) repealed (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(b)(ii), 30(3) (with s. 30(5))

523

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

524

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

526

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

527

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

529

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

530

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

531

Sch. 3 para. 18(3)(a) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(4), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

532

Sch. 3 para. 18(1)-(1D) substituted (S.) for Sch. 3 para. 18(1) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(2), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

534

Sch. 3 para. 18(1D)(aa) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(h), 30(4); S.S.I. 2007/516, art. 2

535

Words in Sch. 3 para. 18(2) substituted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 46(3), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

536

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

537

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

539

Words in Sch. 3 para. 17(c) inserted (S.) (14.5.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(g), 30(3) (with s. 30(5))

540

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

541

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

549

Sch. 3 para. 24(2)(c)(d) substituted (S.) for Sch. 3 para. 24(2)(c) and preceding word (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(k), 30(4); S.S.I. 2007/516, art. 2

550

Sch. 3 para. 24(3) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(l), 30(4); S.S.I. 2007/516, art. 2

551

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

552

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

553

Word in Sch. 3 para. 29(1) repealed (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

555

Words in Sch. 3 para. 29(1)(b) inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(a), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

556

Sch. 3 para. 29(1)(c) and preceding word inserted (S.) (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 47(2)(b), 54(2) (with s. 48); S.S.I. 2005/454, art. 2, sch. 2

557

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

558

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

561

Sch. 3 para. 31(3) added (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(o), 30(4); S.S.I. 2007/516, art. 2

563

Words in Sch. 3 para. 31(2) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(5)(n), 30(4); S.S.I. 2007/516, art. 2

564

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

565

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

567

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

568

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

570

Words in Sch. 4 para. 3(5) substituted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iv), 30(4); S.S.I. 2007/516, art. 2

571

Sch. 4 para. 3(5A) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(b), 30(4); S.S.I. 2007/516, art. 2

573

Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(iii), 30(4); S.S.I. 2007/516, art. 2

574

Words in Sch. 4 para. 3(5) inserted (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(i), 30(4); S.S.I. 2007/516, art. 2

576

Sch. 4 para. 3(2)–(4) repealed by Transport Act 1981 (c. 56, SIF 58), Sch. 12 Pt. II

577

Words in Sch. 4 para. 3(5) repealed (S.) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 25(6)(a)(ii), 30(4); S.S.I. 2007/516, art. 2

578

Words in Sch. 4 para. 1 substituted (S.) (3.12.2015) by Harbours (Scotland) Act 2015 (asp 13), ss. 2(3), 3

579

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

580

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

581

Ss. 30, 31 applied (with modifications) (S.) (4.10.2025) by 1973 c. xvi, s. 54(2) (as substituted by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(34))

587

Sch. 3 para. 9A and cross-heading inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 48(4), 118(1)(z3) (with s. 116)

Loans for execution of harbour works, &c.

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Drainage and river authorities not to be harbour authorities for purposes of this Act if not possessing exceptional powers.

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10A
  • (1) Where further information is made available on an official website under paragraph 10ZB, the Secretary of State must publish, or direct another person to publish, an information notice.
  • (2) But the Secretary of State is not required to publish, or direct the publication of, an information notice if the Secretary of State considers that the information will be made publicly available at an inquiry or hearing under paragraph 18.
  • (3) An information notice must—
  • (a) state that the Secretary of State has received the information,
  • (b) specify a place where a copy of the information can, until the expiry of the period referred to in paragraph (d), be inspected at all reasonable hours,
  • (c) provide an address from which a copy of the information can, until the expiry of that period, be obtained and details of the amount of any charge for the provision of such a copy, and
  • (d) state that any person who desires to make representations in relation to the further information should do so in writing to the Secretary of State before the expiry of the period of 42 days starting with a date specified in the notice.
  • (4) The information notice must—
  • (a) be published by Gazette and local advertisement, and
  • (a) be published in such other ways, if any, as seem appropriate to the Secretary of State.
  • (5) The information notice, or a copy of it, must also—
  • (a) be made available by the Secretary of State on an official website, and
  • (b) be kept available on the website throughout the period required to ensure the effective participation of the public in the environmental impact assessment for the project to which the notice relates.
  • (6) Any charge imposed under sub-paragraph (3)(c) must be reasonable.
  • (7) The date specified in accordance with sub-paragraph (3)(d) must be the date on which the notice first appears in a local newspaper.
  • (8) If the Secretary of State directs a person to publish an information notice, the person must supply the Secretary of State with a copy of the notice—
  • (a) as soon as possible, and
  • (b) in any event within the period of three working days (see paragraph 10(7)) starting with the date specified in accordance with sub-paragraph (3)(d).
  • (9) The Secretary of State may specify the form in which, and means by which, a copy of an information notice is to be provided.
54A
  • (1) Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.
  • (2) An order falls within this subsection if—
  • (a) it authorises the carrying out of work which would constitute a national development; or
  • (b) it is the subject of a direction by the Scottish Ministers under this paragraph.
  • (3) In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.
  • (4) The order is subject to the affirmative procedure.
  • (5) An order (“the new order”) which revokes, amends or re-enacts an order (“the old order”) which was subject to the affirmative procedure by virtue of subsection (4) above is subject to the procedure in that subsection only if—
  • (a) the new order authorises the carrying out of work which would constitute a national development (other than a national development to which the old order relates); or
  • (b) the Scottish Ministers so direct.

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Power to make orders delegating functions

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Delegation of certain functions

42A
  • (1) The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order.
  • (2) An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”).
  • (3) The delegate—
  • (a) must comply with the order, and
  • (b) is to be taken to have all the powers necessary to do so.
  • (4) For so long as an order under subsection (1) remains in force, the functions designated in the order—
  • (a) are exercisable by the delegate acting on behalf of the authority, and
  • (b) are not exercisable by the authority.

This subsection is subject to subsections (5) and (6).

  • (5) The delegate must obtain the consent of the relevant authority before exercising any function under—
  • (a) section 15;
  • (b) section 15A;
  • (c) section 18.
  • (6) Subsection (4)(b) does not apply to any function under—
  • (a) section 15;
  • (b) section 15A;
  • (c) section 18.
  • (7) If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person.
  • (7A) Subsection (7) does not apply to a reference in paragraph 20A of Schedule 3 to the Secretary of State or the Welsh Ministers.
  • (8) An order under subsection (1) may make different provision for different cases, different areas or different persons.
  • (9) The delegable functions are functions under the following sections—
  • (a) section 14 (making harbour revision orders, except as mentioned in paragraph (b) below);
  • (b) section 15 (making harbour revision orders for limited purposes for securing harbour efficiency);
  • (c) section 15A (making orders varying powers of appointment in the constitutions of harbour authorities);

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