Section 48 Fees for applications for harbour ordersI1I2

Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision orders and harbour empowerment orders) is amended as set out in subsections (2) to (4).

In paragraph 7(1) (things to accompany applications)—

In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).

After paragraph 9 insert—

“Fees

9A

(1)

The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders.

(2)

Such regulations may—

(a)

provide for the amount of a fee to be determined by a method laid down in the regulations;

(b)

empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time;

(c)

provide for the payment of a deposit on account of a fee that will or may become payable (in which case paragraphs (a) and (b) apply to the deposit as they apply to the fee);

(d)

make incidental or supplemental provision;

(e)

make different provision for different purposes.”

In section 54 of the Harbours Act 1964 (orders and regulations), after subsection (6) insert—

“(7)

As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—

(a)

where the power is exercised by the Secretary of State—

(i)

the regulations are to be made by statutory instrument, and

(ii)

a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;

(b)

where the power is exercised by the Welsh Ministers (see section 17(2C))—

(i)

the regulations are to be made by statutory instrument, and

(ii)

a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;

(c)

where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”