Commentary on Sections Harbour Authorities Section 6: Harbour closure orders
22.This section amends the Harbours Act 1964 and inserts new sections 17A to 17F.
23.New section 17A (Power to make closure order) provides the appropriate national authority with power to make a closure order so that a harbour authority will stop maintaining its harbour which is no longer commercially viable or necessary. The harbour authority must have applied for the order or consent to it or the national authority must be satisfied it is unlikely to object. Each national authority must publish further guidance about the circumstances in which an order will be made. The appropriate national authority in this context means the Scottish Ministers in respect of harbours in Scotland, the Welsh Ministers in respect of fishery harbours in Wales, and the Secretary of State in respect of all other harbours in England and Wales. There is already a similar provision in Northern Ireland.
24.New section 17B (Content of closure order) contains provisions as to the content of a closure order. A closure order will have the effect of relieving the harbour authority of some or all of its statutory functions and may include provision for transitional arrangements.
25.New section 17C (Harbour closure orders: property etc.) provides that a closure order may also provide for the transfer of some or all of the harbour authority’s property, rights and liabilities to other bodies.
26.New section 17D (Harbour closure orders: procedure) sets out the procedure for making a closure order which is a modified version of the procedure in Part 1 of Schedule 3 to the Harbours Act 1964 applicable to harbour revision orders.