The Harbours Act 1964 (Delegation of Functions) Order 2010

Made: 8th March 2010

Laid before Parliament: 10th March 2010

Coming into force: 1st April 2010

The delegate has consented to this Order in accordance with section 42A(2) of that Act.

Citation, extent and commencement

1

• (1) This Order may be cited as the Harbours Act 1964 (Delegation of Functions) Order 2010.

• (2) This Order extends to England and Wales.

• (3) This Order comes into force on 1st April 2010.

Delegation

2

• (1) Subject to article 3, the Secretary of State, being the relevant authority in relation to England and Wales, delegates the exercise of the functions specified in paragraph (2) to the Marine Management Organisation[^f00002].

• (2) The specified functions are the functions exercisable by the Secretary of State[^f00003] under the following sections of the Harbours Act 1964[^f00004]—

• (a) section 14 (Minsters’ powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, etc);

• (b) section 15 (Ministers’ powers to make, of their own motion, orders for limited purposes for securing harbour efficiency, etc);

• (c) section 15A (Ministers’ powers to make orders about port appointments);

• (d) section 16 (Ministers’ powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, etc, of harbours);

• (e) section 18 (Harbour reorganisation schemes); and

• (f) section 60 (Power to amend Acts of local application).

Excepted cases

3

The exercise of those functions in respect of the applications for orders specified in the table below is excepted from the delegation.

Signed

Signed by authority of the Secretary of State for Transport

Paul Clark — Parliamentary Under Secretary of State — Department for Transport — 8th March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order delegates to the Marine Management Organisation the Secretary of State’s functions in England and Wales under sections 14, 15, 15A, 16, 18 and 60 of the Harbours Act 1964 which provide for Harbour Revision Orders, Harbour Empowerment Orders, Harbour Reorganisation Schemes and the amendment of local legislation relating to harbours.

The functions under those sections regarding harbours in Wales used wholly or mainly for fishing, agriculture, recreation and communication within Wales are already discharged by the Welsh Ministers and consequently not included in the delegation.

Applications already received for Orders concerning harbours at Bristol, the Dee Estuary, Dover, Exeter, Gosport, Grimsby, Harwich, Mostyn, Newlyn, Poole, Portland, Ryde and Sutton are not included in the delegation (article 3).

The effect the Order will have on the costs of business and the voluntary sector was considered as part of the impact assessment for the Marine and Coastal Access Act 2009. The assessment for that Act is available on the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk.

An Explanatory Memorandum has been prepared and is available alongside the instrument on the OPSI website at www.opsi.gov.uk.

Footnotes

[^f00001]: 1964 c.40. Section 42A was inserted by section 315 of, and Schedule 21 to, the Marine and Coastal Access Act 2009 (c.23).

[^f00002]: The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

[^f00003]: The Minister by whom the functions are exercisable is defined by section 57(1) as the Minister for Transport. The functions are now vested in the Secretary of State for Transport by virtue of S.I.1981/238, S.I.1997/2971, S.I.2001/2568 and S.I.2002/2626.

[^f00004]: Sections 14, 15, 16 and 18 were amended by sections 18 and 40 of, and Schedules 6 and 12 to, the Transport Act 1981 (c.56) and section 63 of, and Schedule 3 to, the Transport and Works Act 1992 (c.42); section 18 was also amended by section 43 of the Docks and Harbours Act 1966 (c.28); and section 15A was inserted by section 18 of, and Schedule 6 to, the Transport Act 1981. Functions under those sections regarding harbours in Wales used wholly or mainly for fishing, agriculture, recreation and communication within Wales are exercisable by the Welsh Ministers by virtue of section 108 of, and paragraph 10 of Schedule 7 to, the Government of Wales Act 2006 (c.32).