Harbours Act 1964

54 Orders and regulations.E+W+S

(1)Any power conferred by this Act on the Minister, the Minister of Agriculture, Fisheries and Food or the Secretary of State to make an order, or on the Minister to make regulations, shall be exercisable by statutory instrument.

(2)A statutory instrument containing an order under section F1... , 9(1), [F215A], 18(7), F1... or 60 of this Act or regulations under section 19, F1... or 42 thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3(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.]

[F4(5)A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

(6)A statutory instrument containing an order under section 40A—

(a)if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,

(b)if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F3S. 54(3)(4) 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. 3(2); S.I. 2009/3345, art. 2, Sch. para. 26