Paragraph 3: Delegation of certain functions
1050.The Act will amend the Harbours Act 1964 so that the authority that is currently responsible for issuing harbours orders will have the power, by order, to delegate some or all of its functions for making certain orders to another person or body, provided that person or body gives consent for the delegation.
1051.In this way the licensing functions that govern harbours may be transferred to the same body that may be responsible for issuing marine licences as a result of an order issued under section 98.
1052.The functions the authority may delegate are:
making harbour revision orders on receipt of an application
making harbour revision orders without receipt of an application
making orders that vary the constitution of harbour authorities
making harbour empowerment orders
confirming or making harbour reorganisation schemes
making orders amending Acts of local application.
1053.Orders delegating functions made by the relevant authority will be subject to negative resolution procedure.
1054.Table 3 below illustrates who may issue which harbour order and in what circumstances after a delegation of powers has been made.
1055.Table 3: Roles of harbour order issuing bodies after delegation
Harbour Act Relevant Authority | Delegated Public Body | |
---|---|---|
Making harbour revision orders on receipt of an application | Cannot issue | May issue |
Making harbour revision orders without receipt of an application | May issue | May issue only with consent of relevant authority |
Gives consent to public body | ||
Making orders that vary the constitution of harbour authorities | May issue | May issue |
Making harbour empowerment orders | Cannot issue | May issue |
Confirming or making harbour reorganisation schemes | May issue | May issue only with consent of relevant authority |
Gives consent to public body | ||
Making orders amending Acts of local application | Cannot issue | May issue |