2018 No. 278
The Wales Act 2017 (Welsh Harbours) (Transitional Provisions and Savings) Regulations 2018
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 70(2) of the Wales Act 20171:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Wales Act 2017 (Welsh Harbours) (Transitional Provisions and Savings) Regulations 2018 and come into force on 1st April 2018.
2
In these Regulations “the transfer of functions” means the transfer of functions to the Welsh Ministers by virtue of section 29(1) of the Wales Act 20172.
Transitional provisions and savings2
The transfer of functions has effect subject to the provisions set out in the Schedule.
SCHEDULETransitional Provisions and Savings
1
1
The transfer of functions exercisable under or by virtue of sections 14 to 17 of, and Schedule 3 to, the Harbours Act 19643 (“the 1964 Act”) has no effect to the extent that those functions arise by virtue of section 14 or section 16 of the 1964 Act in circumstances where—
a
subject to sub-paragraph (3) a person has given notice to the Secretary of State under paragraph 3(1)(a) of Schedule 3 to the 1964 Act, but the Secretary of State has not responded under paragraph 5 or 64 of that Schedule before 1st April 2018; or
b
a person has made an application for either a harbour revision order or a harbour empowerment order under Schedule 3 to the 1964 Act which has not been finally determined before 1st April 2018.
2
Where paragraph (1) applies, section 17(2C) of the 1964 Act has effect as if the amendment made by section 30(2) of the Wales Act 2017 had not been made.
3
Notwithstanding paragraph (1)(a), any functions in respect of any application made on or after 1st April 2018 for a harbour revision or harbour empowerment order so far as exercisable in relation to harbours that are wholly in Wales, other than harbours that are reserved trust ports, are to be determined by the Welsh Ministers.
2
The transfer of functions exercisable under or by virtue of sections 30 and 315 of the 1964 Act has no effect to the extent that those functions arise in circumstances where—
a
a person has lodged an objection in writing to which section 31 applies; and
b
that objection has not been finally determined before 1st April 2018.
3
The transfer of functions exercisable under or by virtue of section 1 of the Pilotage Act 19876 (“the 1987 Act”) has no effect to the extent that those functions arise in circumstances where—
a
a harbour authority which is not a competent harbour authority has made an application under section 1(4) of the 1987 Act to be treated as such an authority; and
b
that application has not been finally determined before 1st April 2018.
4
The transfer of functions exercisable under or by virtue of section 8(3) of the 1987 Act has no effect to the extent that those functions arise in circumstances where—
a
a competent harbour authority has made an application under section 8(3); and
b
that application has not been finally determined before 1st April 2018.
5
The transfer of functions exercisable under or by virtue of section 10(6) of the 1987 Act has no effect to the extent that those functions arise in circumstances where—
a
a person or a harbour authority has lodged an objection in writing to which section 10(6) applies; and
b
that objection has not been finally determined before 1st April 2018.
6
The transfer of functions exercisable under or by virtue of section 13 of the 1987 Act has no effect to the extent that those functions arise in circumstances where—
a
a party to a dispute has appealed to the Secretary of State under section 13(1) of the 1987 Act; and
b
that appeal has not been finally determined before 1st April 2018.
7
The transfer of functions exercisable under or by virtue of paragraph 4 of Schedule A17 to the 1987 Act has no effect to the extent that those functions arise in circumstances where—
a
paragraph 4(1) of Schedule A1 to the 1987 Act applies; and
b
the applicant has appealed to the Secretary of State under paragraph 4(3) of that Schedule,
and that appeal has not been finally determined before 1st April 2018.
8
The transfer of functions exercisable under or by virtue of any provision contained in a local Act (including an Act confirming a provisional order) has no effect to the extent that those functions arise in circumstances where—
a
the Secretary of State is seized of any matter requiring the Secretary of State’s confirmation, or other form of consideration and approval; and
b
that confirmation has not been given, or the consideration and approval has not been finally determined, before 1st April 2018.
(This note is not part of the Regulations)