Marine and Coastal Access Act 2009

Delegation of certain functions under the Act E+W

3 (1) After section 42 (accounts and reports) insert— E+W

“Delegation of certain functions E+W

42A Power to make orders delegating functions

(1) The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order.

(2) An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”).

(3) The delegate—

(a) must comply with the order, and

(b) is to be taken to have all the powers necessary to do so.

(4) For so long as an order under subsection (1) remains in force, the functions designated in the order—

(a) are exercisable by the delegate acting on behalf of the authority, and

(b) are not exercisable by the authority.

This subsection is subject to subsections (5) and (6).

(5) The delegate must obtain the consent of the relevant authority before exercising any function under—

(a) section 15;

(b) section 15A;

(c) section 18.

(6) Subsection (4)(b) does not apply to any function under—

(a) section 15;

(b) section 15A;

(c) section 18.

(7) If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person.

(8) An order under subsection (1) may make different provision for different cases, different areas or different persons.

(9) The delegable functions are functions under the following sections—

(a) section 14 (making harbour revision orders, except as mentioned in paragraph (b) below);

(b) section 15 (making harbour revision orders for limited purposes for securing harbour efficiency);

(c) section 15A (making orders varying powers of appointment in the constitutions of harbour authorities);

(d) section 16 (making harbour empowerment orders);

(e) section 18 (confirming or making harbour reorganisation schemes);

(f) section 60 (making orders amending Acts of local application).

(10) In this section “the relevant authority”, in relation to any delegable function, means the authority by whom (apart from any order under subsection (1)) the function is exercisable.

42B Directions as to performance of delegated functions

(1) This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 42A by a relevant authority.

(2) The authority may from time to time give directions to the person with respect to the performance of the functions.

(3) A person to whom directions are given under this section must comply with the directions.

(4) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.”.

(2) In section 54 (orders and regulations) after subsection (2) insert—

“(3) Subsection (4) applies to any statutory instrument containing—

(a) an order made under section 42A by a relevant authority in relation to a delegable function, or

(b) an order made by any person, by virtue of an order under that section, in the exercise of a delegable function under section 14, 15, 16 or 18.

(4) A statutory instrument to which this subsection applies—

(a) if the relevant authority in relation to the delegable function is the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) if the relevant authority in relation to the delegable function is the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”.

Commencement Information

I1 Sch. 21 para. 3 partly in force; Sch. 21 para. 3 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 Sch. 21 para. 3 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 26