Harbours Act 1964 (c. 40)

[F1 Harbour closure orders E+W+S

Textual Amendments

F1 Ss. 17A-17F and cross-heading inserted (1.10.2013) by Marine Navigation Act 2013 (c. 23), ss. 6(1), 13; S.S.I. 2013/254, art. 2; S.I. 2013/1489, art. 3; S.I. 2013/2006, art. 2

17A Power to make closure order E+W+S

(1) The Secretary of State may make an order under this section in respect of a harbour (a “closure order”)—

(a) on the application of the harbour authority,

(b) with the consent of the harbour authority, or

(c) if the Secretary of State has consulted the harbour authority and is satisfied that they are unlikely to object.

(2) The Secretary of State must publish guidance about the circumstances in which a closure order will be made. The guidance—

(a) must require the Secretary of State to have regard to the underlying purpose, and

(b) must be reviewed and (if appropriate) revised from time to time.

(3) In this section—

(a) “the underlying purpose” means the purpose of permitting or requiring harbour authorities to cease to maintain harbours which are no longer commercially viable or necessary;

(b) “the harbour authority” in relation to a harbour means any harbour authority which has statutory duties to manage, maintain or improve the harbour.]