Part 2: Legislative and executive competence: further provision Chapter 12: Harbours: consultation and consent requirements Section 34: Exercise of functions in relation to cross-border harbours
Cross–border harbours are defined by this section as harbours that are partly in England and partly in Wales (subsection (5)).
	Where a Minister of the Crown proposes to exercise a relevant function in respect of a cross-border harbour and the exercise would, in the opinion of the Minister, be likely to have a material effect in Wales, the Minister must consult the Welsh Ministers before exercising the function (subsection (1)). Relevant functions are specified in subsection (4) and include order, regulation and decision making, direction giving, consenting and approving functions under the Harbours Act 1964, the Docks and Harbours Act 1966, the Ports (Finance) Act 1985 and the Ports Act 1991.
	A Minister of the Crown must also consult the Welsh Ministers before exercising a function under the Harbours Act 1964 that would create a new cross-border harbour (subsection (2)).
	Where a relevant function has been delegated under section 42A of the Harbours Act 1964, the delegate is subject to the duties imposed by this section (subsection (3)). (The Harbours Act 1964 (Delegation of Functions) Order 2010, S.I. 2010/674, delegated certain Minister of the Crown functions under the Harbours Act to the Marine Management Organisation (MMO)).