- Latest available (Revised)
- Point in Time (22/04/2022)
- Original (As enacted)
Point in time view as at 22/04/2022.
Planning Act 2008, Section 145 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An order granting development consent may include provision for the creation of a harbour authority only if—
(a)the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b)the creation of a harbour authority is necessary or expedient for the purposes of the development.
(2)An order granting development consent may include provision changing the powers or duties of a harbour authority only if—
(a)the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b)the authority has requested the inclusion of the provision or has consented in writing to its inclusion.
(3)An order granting development consent may include provision authorising the transfer of property, rights or liabilities from one harbour authority to another only if—
(a)the development to which the order relates is or includes the construction or alteration of harbour facilities, and
(b)the order makes provision for the payment of compensation of an amount—
(i)determined in accordance with the order, or
(ii)agreed between the parties to the transfer.
(4)An order granting development consent which includes provision for the creation of a harbour authority, or changing the powers or duties of a harbour authority, may also make other provision in relation to the authority.
This is subject to subsection (6).
(5)Subject to subsection (6), the provision which may be included in relation to a harbour authority includes in particular—
(a)any provision in relation to a harbour authority which could be included in a harbour revision order under section 14 of the Harbours Act 1964 (c. 40) by virtue of any provision of Schedule 2 to that Act;
(b)provision conferring power on the authority to change provision made in relation to it (by the order or by virtue of this paragraph), where the provision is about—
(i)the procedures (including financial procedures) of the authority;
(ii)the power of the authority to impose charges;
(iii)the power of the authority to delegate any of its functions;
(iv)the welfare of officers and employees of the authority and financial and other provision made for them.
(6)The order may not include provision—
(a)which, by virtue of any other provision of this Act, is not permitted to be included in an order granting development consent;
(b)conferring power on a harbour authority to delegate, or makes changes to its powers so as to permit the delegation of, any of the functions mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.
Commencement Information
I1S. 145 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: