Part 2: Legislative and executive competence: further provision Chapter 12: Harbours: consultation and consent requirements Section 38: Sections 34 to37: supplementary
This section provides that the duties to consult before exercising a function that are imposed on the Secretary of State and the Welsh Ministers by sections 34 to 37 do not apply if it is not reasonably practicable to comply (subsection (1)). If compliance is not reasonably practicable, the Secretary of State or the Welsh Ministers (as the case may be) must as soon as is reasonably practicable inform the other of the exercise of the function and the reasons for exercising it (subsections (2) and (3)). Subsection (4) provides that a failure to comply with a duty to consult does not affect the validity of the exercise of the function.
	This section also enables the Secretary of State to make regulations modifying the application of the provisions concerning cross-border harbours, cross-border pilotage and the exercise of functions in relation to two or more harbours which are contained in sections 34, 35, 36 and 38 in relation to specified harbours or descriptions of harbours (subsection (5)). Before making regulations, the Secretary of State must consult the Welsh Ministers (subsection (6)).
	Subsection (7) provides that the regulations may in particular disapply the requirements for a Minister of the Crown to consult or the Welsh Ministers to consult or obtain consent before exercising a function, may change a requirement to consult to a requirement to obtain consent (and vice versa) and may introduce new requirements for a Minister of the Crown to consult or obtain consent before exercising a function not mentioned in section 34,35 or 36 or for the Welsh Ministers to consult or obtain consent before exercising a function not mentioned in section 35.
	The regulations may make different provision for different purposes or cases and consequential, incidental, supplementary, transitional and saving provision (subsection (8)).
	The regulations must be made by statutory instrument subject to the negative procedure (subsections (9) and (10)).