1 Citation, extent and commencement

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see para (3) above.

Extent

This Order does not extend to Scotland: see para (2) above.

2 Delegation

2Delegation

(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.

(2)    The specified functions are the functions exercisable by the Secretary of State under the following sections of the Harbours Act 1964—

(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).

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(3).

Extent

This Order does not extend to Scotland: see art 1(2).

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3 Excepted cases

3Excepted cases

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

Title of Draft OrderApplicantAdvertised in the London Gazette
The Port of Bristol (Deep Sea Container Terminal) Harbour Revision OrderFirst Corporate Shipping22nd July 2008
The Dee Estuary Conservancy Harbour Revision OrderThe Environment Agency26th January 2005
The Dover Harbour Revision OrderThe Dover Harbour Board21st January 2010
The Port of Exeter Harbour Revision OrderExeter City Council20th December 2006
The Gosport Borough Council (Ferry Works) Harbour Revision OrderGosport Borough Council5th March 2009
The Associated British Ports (Grimsby Riverside RO-RO Terminal) Harbour Revision OrderAssociated British Ports Holdings Limited15th September 2009
The Harwich Parkeston Quay Harbour Revision OrderHarwich International Port Limited29th December 2003
The Mostyn Docks Harbour Revision OrderThe Port of Mostyn Limited17th April 2003
The Newlyn Pier and Harbour Revision (Constitution) OrderThe Newlyn Harbour Commissioners6th March 2008
The Poole Harbour Revision OrderThe Poole Harbour Commissioners9th September 2004
The Portland Harbour Revision OrderPortland Harbour Authority Limited7th September 2007
The Ryde Pier Harbour Revision OrderWightlink Limited27th March 2009
The Sutton Harbour Revision OrderThe Sutton Harbour Company22nd October 2009
NOTES
Initial Commencement
Specified date

Specified date: 1 April 2010: see art 1(3).

Extent

This Order does not extend to Scotland: see art 1(2).

Transport Law93 Ports & Harbours93 Admiralty, Shipping & Navigation93 Commercial Law93

Signature

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

EXPLANATORY NOTE (This note is not part of the Order)

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.

Transport Law93 Ports & Harbours93 Admiralty, Shipping & Navigation93 Commercial Law93

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