The Harbours Act 1964 (Delegation of Functions) Order 2010

Delegation

2.—(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 Organisation(1).

(2) The specified functions are the functions exercisable by the Secretary of State(2) under the following sections of the Harbours Act 1964(3)—

(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).

(1)

The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

(2)

The Minister by whom the functions are exercisable is defined by section 57(1) as the Minister for Transport. The functions are now vested in the Secretary of State for Transport by virtue of S.I.1981/238, S.I.1997/2971, S.I.2001/2568 and S.I.2002/2626.

(3)

Sections 14, 15, 16 and 18 were amended by sections 18 and 40 of, and Schedules 6 and 12 to, the Transport Act 1981 (c.56) and section 63 of, and Schedule 3 to, the Transport and Works Act 1992 (c.42); section 18 was also amended by section 43 of the Docks and Harbours Act 1966 (c.28); and section 15A was inserted by section 18 of, and Schedule 6 to, the Transport Act 1981. Functions under those sections regarding harbours in Wales used wholly or mainly for fishing, agriculture, recreation and communication within Wales are exercisable by the Welsh Ministers by virtue of section 108 of, and paragraph 10 of Schedule 7 to, the Government of Wales Act 2006 (c.32).