The North Devon District Council Harbour Authority (Removal of Pilotage Functions) Order 2019

Statutory Instruments

2019 No. 790

Pilotage

The North Devon District Council Harbour Authority (Removal of Pilotage Functions) Order 2019

Made

2nd April 2019

Laid before Parliament

8th April 2019

Coming into force

30th April 2019

North Devon District Council are currently the competent harbour authority within the meaning of the Pilotage Act 1987(1) for Ilfracombe Harbour.

The Secretary of State, in exercise of the powers conferred by section 14 of the Harbours Act 1964(2) and by section 1(4A) of the Pilotage Act 1987, and having consulted North Devon District Council and other persons whom the Secretary of State thought appropriate in accordance with section 1(8A) of that Act, makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the North Devon District Council Harbour Authority (Removal of Pilotage Functions) Order 2019.

(2) This Order comes into force on 30th April 2019.

Removal of pilotage functions

2.  North Devon District Council are no longer a competent harbour authority for the purposes of the Pilotage Act 1987.

Amendment of Order

3.—(1) The Ilfracombe Harbour Revision Order 1996(3) is amended as follows.

(2) In article 2 for “article 6 of the Ilfracombe Harbour Order 1990” substitute “article 6 (limits and works) of the Ilfracombe Harbour Order 1900(4)”.

Signed by authority of the Secretary of State for Transport

Nusrat Ghani

Parliamentary Under Secretary of State

Department for Transport

2nd April 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides that North Devon District Council is not a competent harbour authority for the purposes of the Pilotage Act 1987, and accordingly no longer has pilotage functions in respect of Ilfracombe harbour.

This Order also amends the definition of the limits of Ilfracombe Harbour in the Ilfracombe Harbour Revision Order 1996.

An impact assessment has not been prepared for this Order, as its effects are unlikely to have an impact on businesses, civil society or regulatory matters. There is no impact on staff, no cost imposed on the public sector and no saving for the public sector.

An Explanatory Memorandum is published alongside this instrument onwww.legislation.gov.uk

(1)

1987 c.21. Section 1 was amended by section 1 of the Marine Navigation Act 2013 (c. 23). There are other amendments which are not relevant to this Order.

(2)

1964 c. 40. Section 14 was amended by section 18 and Schedule 6 paragraphs 2, 3, 4(1) and 14 of the Transport Act 1981 (c. 56) and by Schedule 3 paragraph 1 of the Transport and Works Act 1992 (c. 42).

(4)

Scheduled to and confirmed by the Pier and Harbour Orders Confirmation (No. 1) Act 1900 c. 1x.