2010 No. 674

Marine Management
Harbours, Docks, Piers And Ferries

The Harbours Act 1964 (Delegation of Functions) Order 2010

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred by section 42A(1) and (8) of the Harbours Act 19641.

The delegate has consented to this Order in accordance with section 42A(2) of that Act.

Citation, extent and commencement1

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.

Delegation2

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 Organisation2.

2

The specified functions are the functions exercisable by the Secretary of State3 under the following sections of the Harbours Act 19644

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).

Excepted cases3

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 ClarkParliamentary Under Secretary of StateDepartment for Transport
EXPLANATORY NOTE

(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.