Part 2: Legislative and executive competence: further provision Chapter 12: Harbours: consultation and consent requirements Section 35: Cross-border exercise of pilotage functions
This section contains consultation and consent requirements applicable to the Secretary of State or the Welsh Ministers when exercising relevant pilotage functions with a cross-border application. Relevant pilotage functions are set out in subsection (5). Where a relevant pilotage 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)).
	Where the Secretary of State proposes to exercise a relevant pilotage function in relation to waters in Wales, the Secretary of State must first consult the Welsh Ministers (subsection (1)).
	Where the Welsh Ministers propose to exercise a relevant pilotage function (transferred by section 29) that is in relation to waters in England, the Welsh Ministers must first obtain the consent of the Secretary of State (subsection (2)). Section 29 transfers to the Welsh Ministers pilotage functions in relation to harbours wholly in Wales, including where the pilotage jurisdiction extends into waters adjacent to England. There is an exception to the requirement for consent where the Welsh Minsters propose to make a decision on an appeal relating to pilotage charges or to the authorisation of EEA pilots, in which case the Welsh Ministers must first consult the Secretary of State (subsection (4)).