Marine and Coastal Access Act 2009

Consent of Welsh Ministers or Secretary of State required for making of certain harbour orders

4 After section 42B (inserted by paragraph 3(1)) insert—

“42C Consent of Welsh Ministers required for certain orders and schemes

(1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales;

(b) any instrument made under that Act by the Welsh Ministers;

(c) any statutory provision of local application made by the Welsh Ministers.

(2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers.

(3) The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies.

(4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme.

(5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.

42D Consent of Secretary of State required for certain orders and schemes

(1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England;

(b) any instrument made under that Act by the Secretary of State;

(c) any statutory provision of local application made by the Secretary of State.

(2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Secretary of State.

(3) The Welsh Ministers must notify the Secretary of State of any intention to make an order or scheme to which this section applies.

(4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Secretary of State refuses consent to the inclusion of that provision in the order or scheme.

(5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.”.