# The Harbours Act 1964 (Delegation of Functions) Order 2010

S.I. 2010/674 · made 8 March 2010

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.

Made under: Harbours Act 1964 (Section 42A)

PDFs: Printed copy https://openlegislation.uk/harbours-act-1964-delegation-of-functions-order-2010/pdf/uksi_20100674_en.pdf; Explanatory Memorandum https://openlegislation.uk/harbours-act-1964-delegation-of-functions-order-2010/pdf/uksiem_20100674_en.pdf

## Introductory text

Marine Management
Harbours, Docks, Piers And Ferries
Made 8th March 2010
Laid before Parliament 10th March 2010
Coming into force 1st April 2010
The Secretary of State makes the following Order in exercise of the powers conferred by section 42A(1) and (8) of the Harbours Act 1964.
The delegate has consented to this Order in accordance with section 42A(2) of that Act.

## 1 Citation, extent and commencement

(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.

## 2 Delegation

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

## 3 Excepted cases

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

## Signature

Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
8th March 2010

## 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.

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Source: https://www.legislation.gov.uk/uksi/2010/674 (the official version)
Page: https://openlegislation.uk/harbours-act-1964-delegation-of-functions-order-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

