Marine and Coastal Access Act 2009

157 Emergency byelaws

(1) A byelaw that is made by an IFC authority in the circumstances described in subsection (2) has effect without being confirmed by the Secretary of State.

(2) The circumstances are that—

(a) the IFC authority considers that there is an urgent need for the byelaw, and

(b) the need to make the byelaw could not reasonably have been foreseen.

(3) A byelaw that has effect by virtue of this section (an “emergency byelaw”)—

(a) comes into force on a date specified in the byelaw, and

(b) remains in force (unless revoked or extended) for such period, not exceeding 12 months, as is specified in the byelaw.

(4) An IFC authority may, with the written approval of the Secretary of State, extend the period for which an emergency byelaw is to remain in force.

(5) An IFC authority—

(a) may extend that period only once;

(b) may not extend that period by more than 6 months.

(6) The Secretary of State may not give the approval referred to in subsection (4) unless satisfied that—

(a) during the period for which the emergency byelaw has been in force, the IFC authority has used its best endeavours to make a byelaw that will make the emergency byelaw unnecessary, and

(b) there would be a significant and adverse effect on the marine environment if the approval was not given.

(7) An IFC authority must within 24 hours of making an emergency byelaw notify the Secretary of State of it.