Statutory Instruments
Marine Management
Harbours, Docks, Piers And Ferries
Made
8th March 2010
Laid before Parliament
10th March 2010
Coming into force
1st April 2010
The Secretary of State makes the following Order in exercise of the powers conferred by section 42A(1) and (8) of the Harbours Act 1964(1).
The delegate has consented to this Order in accordance with section 42A(2) of that Act.
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.
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(2).
(2) The specified functions are the functions exercisable by the Secretary of State(3) under the following sections of the Harbours Act 1964(4)—
(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).
3. 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 Order | Applicant | Advertised in the London Gazette |
|---|---|---|
| The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order | First Corporate Shipping | 22nd July 2008 |
| The Dee Estuary Conservancy Harbour Revision Order | The Environment Agency | 26th January 2005 |
| The Dover Harbour Revision Order | The Dover Harbour Board | 21st January 2010 |
| The Port of Exeter Harbour Revision Order | Exeter City Council | 20th December 2006 |
| The Gosport Borough Council (Ferry Works) Harbour Revision Order | Gosport Borough Council | 5th March 2009 |
| The Associated British Ports (Grimsby Riverside RO-RO Terminal) Harbour Revision Order | Associated British Ports Holdings Limited | 15th September 2009 |
| The Harwich Parkeston Quay Harbour Revision Order | Harwich International Port Limited | 29th December 2003 |
| The Mostyn Docks Harbour Revision Order | The Port of Mostyn Limited | 17th April 2003 |
| The Newlyn Pier and Harbour Revision (Constitution) Order | The Newlyn Harbour Commissioners | 6th March 2008 |
| The Poole Harbour Revision Order | The Poole Harbour Commissioners | 9th September 2004 |
| The Portland Harbour Revision Order | Portland Harbour Authority Limited | 7th September 2007 |
| The Ryde Pier Harbour Revision Order | Wightlink Limited | 27th March 2009 |
| The Sutton Harbour Revision Order | The Sutton Harbour Company | 22nd October 2009 |
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
8th March 2010
(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.
1964 c.40. Section 42A was inserted by section 315 of, and Schedule 21 to, the Marine and Coastal Access Act 2009 (c.23).
The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.
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.
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).