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Marine Navigation BillPage 10

(i) the Secretary of State must prepare the environmental
statement, having consulted bodies with environmental
responsibilities, and

(ii) the statement must include the information specified in
5sub-paragraph (2) (and may include other information).

(3) Section 44 applies in relation to closure orders as in relation to harbour
revision orders.

17E Devolution

(1) In relation to fishery harbours in Wales—

(a) 10the power to make closure orders vests in the Welsh Ministers,
and

(b) a reference in this group of sections to the Secretary of State is to
be treated as a reference to the Welsh Ministers.

(2) In relation to harbours in Scotland—

(a) 15the power to make closure orders vests in the Scottish Ministers,

(b) a reference in this group of sections to the Secretary of State is to
be treated as a reference to the Scottish Ministers, and

(c) the reference in section 17D(1) to Schedule 3 is a reference to
that Schedule as it has effect in relation to Scotland.

17F 20Supplemental

(1) A closure order may include incidental, consequential, transitional or
saving provisions.

(2) In particular, a closure order—

(a) may amend, repeal or revoke an enactment of local application,
25and

(b) may disapply or modify the application of any other enactment.

(3) A closure order—

(a) may make provision generally or only for specified purposes,
and

(b) 30may make different provision for different purposes.

(2) At the end of section 44 of the Harbours Act 1964 (limitation of right to
challenge orders) add—

(9) Section 17D(3) applies this section to closure orders.

(3) In section 57(1) of the Harbours Act 1964 (interpretation) insert at the
35appropriate point—

General lighthouse authorities

9 Areas

In section 193 of the Merchant Shipping Act 1995 (general and local lighthouse
40authorities) at the end add—

(6) In subsection (1) references to the seas include seas in an area specified
by virtue of section 129(2)(b).

Marine Navigation BillPage 11

10 Commercial activities

(1) After section 197 of the Merchant Shipping Act 1995 (general powers of general
lighthouse authority) insert—

197A Commercial activities

(1) 5A general lighthouse authority may enter into agreements—

(a) for the use by others of assets of the authority (“hire
agreements”);

(b) for the provision of consultancy or other services by the
authority (“service agreements”).

(2) 10An authority may not enter into a hire or service agreement unless—

(a) they are satisfied that it is not likely to prejudice the discharge
of their functions under section 195, and

(b) the Secretary of State consents.

(3) Where an authority enter or seek to enter into hire or service
15agreements—

(a) expenditure of the authority incurred in connection with the
agreements, and with the Secretary of State’s consent, shall be
paid out of the General Lighthouse Fund, and

(b) sums received by the authority under the agreements shall be
20paid into the General Lighthouse Fund.

(4) The Secretary of State may consent to expenditure in acquiring an asset
for the purpose of entering into hire agreements only if the Secretary of
State thinks that the expenditure is merely preparatory or subsidiary to
hire agreements in respect of other assets (such as in the case of
25acquiring one asset to be used with another or to be used in fitting,
maintaining or converting another).

(5) An authority shall send a copy of any hire or service agreement to the
Secretary of State.

(6) Consent under this section—

(a) 30may be subject to conditions,

(b) may be general or specific, and

(c) may be prospective or retrospective.

(2) In that section omit subsections (8) to (11) (power to exploit spare capacity).

Miscellaneous

11 35Manning requirements

In section 47 of the Merchant Shipping Act 1995 (manning requirements) after
subsection (4) insert—

(4A) Standards of competence or other conditions prescribed or specified by
the Secretary of State under subsection (1)(b) may be expressed by
40reference to other documents.

(4B) A reference to a document in reliance on subsection (4A) may include
a reference to amendments of the document which are—

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(a) made after the conditions are prescribed or specified, and

(b) approved for the purposes of the regulations by the Secretary of
State.

12 Amendments consequential on sections 1, 2, 6 and 8

(1) 5In section 54 of the Harbours Act 1964 (orders and regulations) at the end
add—

(3) A power to make an order under section 40A, or regulations under
section 42A, is exercisable by statutory instrument.

(4) A statutory instrument containing an order under section 40A or
10regulations under section 42A—

(a) if made by the Secretary of State, is subject to annulment in
pursuance of a resolution of either House of Parliament,

(b) if made by the Welsh Ministers, is subject to annulment in
pursuance of a resolution of the National Assembly for Wales,
15and

(c) if made by the Scottish Ministers, is subject to annulment in
pursuance of a resolution of the Scottish Parliament.

(2) In section 30 of the Pilotage Act 1987 (orders and regulations)—

(a) in subsection (1) after “power” insert “of the Secretary of State or
20Scottish Ministers”,

(b) after subsection (1) insert—

(1A) The power of the Department for Regional Development to
make regulations under section 3A shall be exercisable by
statutory rule for the purposes of the Statutory Rules (Northern
25Ireland) Order 1979., and

(c) at the end add—

(3) Any statutory instrument containing an order made by the
Scottish Ministers under section 1(4B), or regulations made by
the Scottish Ministers under section 3A, shall be subject to
30annulment in pursuance of a resolution of the Scottish
Parliament.

(4) Any statutory rule containing regulations made by the
Department for Regional Development under section 3A shall
be subject to negative resolution within the meaning of section
3541(6) of the Interpretation Act (Northern Ireland) 1954.

General

13 Commencement

(1) This Act comes into force in accordance with provision made by the Secretary
of State by order made by statutory instrument.

(2) 40An order—

(a) may make provision generally or only for specified purposes,

(b) may make different provision for different purposes, and

(c) may include incidental or transitional provision (including savings).

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14 Short title

This Act may be cited as the Marine Navigation Act 2011.

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