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Marine and Coastal Access Act 2009

Paragraph 3: Delegation of certain functions

1050.The Act will amend the Harbours Act 1964 so that the authority that is currently responsible for issuing harbours orders will have the power, by order, to delegate some or all of its functions for making certain orders to another person or body, provided that person or body gives consent for the delegation.

1051.In this way the licensing functions that govern harbours may be transferred to the same body that may be responsible for issuing marine licences as a result of an order issued under section 98.

1052.The functions the authority may delegate are:

a)

making harbour revision orders on receipt of an application

b)

making harbour revision orders without receipt of an application

c)

making orders that vary the constitution of harbour authorities

d)

making harbour empowerment orders

e)

confirming or making harbour reorganisation schemes

f)

making orders amending Acts of local application.

1053.Orders delegating functions made by the relevant authority will be subject to negative resolution procedure.

1054.Table 3 below illustrates who may issue which harbour order and in what circumstances after a delegation of powers has been made.

1055.Table 3: Roles of harbour order issuing bodies after delegation

Harbour Act Relevant AuthorityDelegated Public Body
Making harbour revision orders on receipt of an applicationCannot issueMay issue
Making harbour revision orders without receipt of an applicationMay issueMay issue only with consent of relevant authority
Gives consent to public body
Making orders that vary the constitution of harbour authoritiesMay issueMay issue
Making harbour empowerment ordersCannot issueMay issue
Confirming or making harbour reorganisation schemesMay issueMay issue only with consent of relevant authority
Gives consent to public body
Making orders amending Acts of local applicationCannot issueMay issue

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