Harbours Act 1964

[F142CConsent of Welsh Ministers required for certain orders and schemesE+W

(1)This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing—

(a)any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales;

(b)any instrument made under that Act by the Welsh Ministers;

(c)any statutory provision of local application made by the Welsh Ministers.

(2)This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers.

[F2(2A)The references in subsections (1)(c) and (2) to a statutory provision of local application do not include a harbour revision order, a harbour empowerment order or a harbour reorganisation scheme.]

(3)The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies.

(4)The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme.

(5)In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.]

Textual Amendments

F1Ss. 42C, 42D inserted (E.W.) (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(1)(c)(d), Sch. 21 para. 4; S.I. 2009/3345, art. 2, Sch. para. 26