Modifications etc. (not altering text)
C1Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)
C2Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)
C3Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)
C4Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)
C5Pt. 4 modified (E.W.S.) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
C6Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)
(1)The appropriate licensing authority for an area may make an order which—
(a)designates any of the delegable marine licensing functions which would (apart from any order under this section) be exercisable by or in relation to that authority or an enforcement authority for that area, and
(b)provides that those functions, instead of being so exercisable, are to be exercisable by or in relation to such person, acting on behalf of the licensing authority or (as the case may be) the enforcement authority, as is designated in the order.
(2)The power to make an order under this section includes power to make provision in the order conferring on the person designated (“the delegate”), so far as acting on behalf of an enforcement authority, any power which the appropriate licensing authority may confer on an enforcement authority by an order under section 93 or 95 (fixed or variable monetary penalties).
(3)An authority which makes an order under this section may do so only with the consent of the delegate.
(4)The delegate—
(a)must comply with the order, and
(b)is to be taken to have all the powers necessary to do so.
(5)In this section “delegable marine licensing functions” means—
(a)functions of a licensing authority under this Part, other than excepted functions;
(b)functions of an enforcement authority under this Part.
(6)The excepted functions are functions under—
(a)section 66(3) (altering the list of licensable marine activities);
(b)section 67(2) (making regulations regarding the fee for an application);
(c)section 69(6) (making regulations as to the procedure for applications);
[F1(ca)section 72A(4) (making regulations regarding fees for monitoring, variation etc of licences for which the Welsh Ministers are the licensing authority);]
(d)section 73 (making regulations regarding appeals against licensing decisions under section 71);
(e)section 74(1) and (5) (making orders specifying activities which do not require a marine licence and consulting in relation to such orders);
(f)sections 93 and 95 (making orders conferring powers to impose civil sanctions);
(g)this section and section 100;
(h)section 101(3) (making regulations regarding the register);
[F2(ha)section 107A(3) (making regulations regarding deposits payable on account of fees where the Welsh Ministers are the licensing authority);
(hb)section 107B(5) (making regulations regarding payment of fees and deposits where the Welsh Ministers are the licensing authority);]
(i)section 108 (making regulations regarding appeals against certain notices).
Textual Amendments
F1S. 98(6)(ca) inserted (E.W.) (1.4.2017) by Environment (Wales) Act 2016 (anaw 3), ss. 80(a), 88(3)(c); S.I. 2017/504, art. 2
F2S. 98(6)(ha)(hb) inserted (E.W.) (1.4.2017) by Environment (Wales) Act 2016 (anaw 3), ss. 80(b), 88(3)(c); S.I. 2017/504, art. 2
Commencement Information
I1S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent see s. 324(1)(c)
I2S. 98 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)