Search Legislation

Marine and Coastal Access Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this Act contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Marine and Coastal Access Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Marine and Coastal Access Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Part 1 E+W+S+N.I.The Marine Management Organisation

Prospective

Chapter 1E+W+S+N.I.Establishment

1The Marine Management OrganisationE+W+S+N.I.

(1)There is to be a body known as the Marine Management Organisation (“the MMO”).

(2)The MMO is to have the functions conferred on it by or under this Act or any other enactment.

(3)Schedule 1 contains further provisions about the MMO.

(4)Schedule 2 contains minor and consequential amendments relating to the MMO.

2General objectiveE+W+S+N.I.

(1)It is the duty of the MMO to secure that the MMO functions are so exercised that the carrying on of activities by persons in the MMO's area is managed, regulated or controlled—

(a)with the objective of making a contribution to the achievement of sustainable development (see subsections (2) and (4) to (11)),

(b)taking account of all relevant facts and matters (see subsection (3)), and

(c)in a manner which is consistent and co-ordinated (see subsection (12)).

Any reference in this Act to the MMO's “general objective” is a reference to the duty imposed on the MMO by this subsection.

(2)In pursuit of its general objective, the MMO may take any action which it considers necessary or expedient for the purpose of furthering any social, economic or environmental purposes.

(3)For the purposes of subsection (1)(b), the facts and matters that may be taken into account include each of the following—

(a)scientific evidence, whether available to, or reasonably obtainable by, the MMO;

(b)other evidence so available or obtainable relating to the social, economic or environmental elements of sustainable development;

(c)such facts or matters not falling within paragraph (a) or (b) as the MMO may consider appropriate.

See also section 24 (powers of MMO in relation to research).

(4)The Secretary of State is to give the MMO guidance as to the manner in which the MMO is to seek to secure that the contribution to the achievement of sustainable development mentioned in subsection (1)(a) is made (and see also section 38 (guidance)).

(5)In preparing any such guidance the Secretary of State must take into consideration—

(a)the functions of the MMO, and

(b)the resources available, or likely to be available, to the MMO.

(6)A draft of any guidance proposed to be given under this section is to be laid before each House of Parliament.

(7)Guidance is not to be given under this section until after the end of the period of 40 days beginning with—

(a)the day on which a draft of the guidance is so laid, or

(b)if the draft is laid on different days, the later of the two days.

(8)If, within that period, either House resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State must not give that guidance.

(9)In reckoning any period of 40 days for the purposes of subsection (7) or (8), no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than four days.

(10)The Secretary of State must publish, in such manner as the Secretary of State may determine, any guidance given to the MMO under this section.

(11)The MMO must provide any person on request with a copy of the whole or any part of any such guidance.

(12)In this section—

  • consistent and co-ordinated” includes taking into account the effect (if any) that decisions in respect of—

    (a)

    any particular part of the MMO's area, or

    (b)

    the carrying on of any activity within that area,

    will have on any other part of that area or the carrying on of any other activity in that area;

  • evidence” includes predictions and other opinions resulting from the consideration of evidence by any person;

  • the MMO's area” means those parts of the UK marine area, or of the United Kingdom, where MMO functions are exercisable;

  • MMO functions” means functions exercisable by or on behalf of the MMO.

3PerformanceE+W+S+N.I.

(1)The MMO is to use its best endeavours to meet such objectives as the Secretary of State may from time to time set with regard to the quality and effectiveness of its performance.

(2)Subsection (6) of section 24 of the Legislative and Regulatory Reform Act 2006 (c. 51) (consultation) does not apply in relation to an order under subsection (2) of that section specifying regulatory functions of the MMO as functions to which sections 21 and 22 of that Act (principles and code of practice) apply.

Chapter 2E+W+S+N.I.Transfer of functions to the MMO

Sea Fish (Conservation) Act 1967E+W+S+N.I.

Prospective

4Licensing of fishing boatsE+W+S+N.I.

(1)The Secretary of State's function of granting licences under section 4 of the Sea Fish (Conservation) Act 1967 (c. 84) (licensing of fishing boats) is transferred to the MMO.

(2)In subsection (1)(a) of that section (power by order to prohibit fishing unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State.

(3)In the following provisions of that section—

(a)subsection (6) (conditions of licence),

(b)subsection (7) (powers to require information),

(c)subsection (9) (power to vary, revoke or suspend a licence),

(d)subsection (10) (power to make a refund on variation, revocation or suspension),

any reference to the Minister granting a licence, or to the Minister who granted a licence, is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.

(4)In the application of subsection (8) of that section (power to issue limited number of licences) in relation to the licensing powers of the MMO under that section, the reference to the Ministers is to be read as a reference to the MMO.

(5)In any orders made under that section, any reference which includes a reference to the Secretary of State is to be read, as respects any area where the MMO exercises functions under or by virtue of that section, as including instead a reference to the MMO.

(6)After subsection (11) of that section insert—

(11A)As respects any function under this section, other than a function of making an order,—

(a)the Marine Management Organisation may make arrangements for the function to be exercised on its behalf by the Scottish Ministers, and

(b)the Scottish Ministers may make arrangements for the function to be exercised on their behalf by the Marine Management Organisation.

An arrangement under this subsection does not affect a person's responsibility for the exercise of the function.

(11B)A person exercising a function on behalf of another by virtue of subsection (11A) above may charge that other such fees as the person considers reasonable in respect of the cost of doing so..

(7)The grant, variation, revocation or suspension of a licence under that section by or on behalf of the Secretary of State before the coming into force of this section has effect as from the coming into force of this section as the grant, variation, revocation or suspension of the licence by the MMO.

(8)Where a decision to grant, vary, revoke or suspend a licence under that section—

(a)has been taken by or on behalf of the Secretary of State before the coming into force of this section, but

(b)has not been notified in accordance with regulations under section 4B of the Sea Fish (Conservation) Act 1967 (c. 84),

the decision has effect as from the coming into force of this section as a decision taken by the MMO.

(9)Where, before the coming into force of this section, an application for a licence under section 4 of that Act, or for the variation of such a licence,—

(a)has been made to the Secretary of State or a person acting on behalf of the Secretary of State, but

(b)has not been determined or withdrawn,

the application is to be treated as from the coming into force of this section as an application made to the MMO.

Prospective

5Restrictions on time spent at sea: appealsE+W+S+N.I.

In section 4AA(5) of the Sea Fish (Conservation) Act 1967 (duty to vary licence to give effect to determination of tribunal on appeal) the reference to the Minister who granted the licence is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.

Prospective

6Trans-shipment licences for vesselsE+W+S+N.I.

(1)The Secretary of State's function of granting licences under section 4A of the Sea Fish (Conservation) Act 1967 (c. 84) (licences for the receiving by a vessel of fish trans-shipped from another vessel) is transferred to the MMO.

(2)In subsection (1) of that section (power by order to prohibit trans-shipping of fish unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State.

(3)In the following provisions of that section—

(a)subsection (6) (conditions of licence),

(b)subsection (7) (powers to require information),

(c)subsection (10) (power to vary, revoke or suspend a licence),

(d)subsection (11) (power to make a refund on variation, revocation or suspension),

any reference to the Minister granting a licence, or to the Minister who granted a licence, is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.

(4)In the application of subsection (9) of that section (power to issue limited number of licences) in relation to the licensing powers of the MMO under that section, the reference to the Ministers is to be read as a reference to the MMO.

(5)In any orders made under that section, any reference which includes a reference to the Secretary of State is to be read, as respects any area where the MMO exercises functions under or by virtue of that section, as including instead a reference to the MMO.

(6)The grant, variation, revocation or suspension of a licence under that section by or on behalf of the Secretary of State before the coming into force of this section has effect as from the coming into force of this section as the grant, variation, revocation or suspension of the licence by the MMO.

(7)Where a decision to grant, vary, revoke or suspend a licence under that section—

(a)has been taken by or on behalf of the Secretary of State before the coming into force of this section, but

(b)has not been notified in accordance with regulations under section 4B of the Sea Fish (Conservation) Act 1967,

the decision has effect as from the coming into force of this section as a decision taken by the MMO.

(8)Where, before the coming into force of this section, an application for a licence under section 4A of that Act, or for the variation of such a licence,—

(a)has been made to the Secretary of State or a person acting on behalf of the Secretary of State, but

(b)has not been determined or withdrawn,

the application is to be treated as from the coming into force of this section as an application made to the MMO.

(9)The heading to the section is to be “Licensing of vessels receiving trans-shipped fish”.

Prospective

7Regulations supplementary to sections 4 and 4AE+W+S+N.I.

In any regulations made under section 4B of the Sea Fish (Conservation) Act 1967 (c. 84) any reference to the Secretary of State, or which includes a reference to the Secretary of State, is to be read, in relation to the exercise by the MMO of functions under or by virtue of section 4 or 4A of that Act (licensing of fishing boats and trans-shipment licences for vessels), as a reference to the MMO or, as the case may be, as including instead a reference to the MMO.

8Exemptions for operations for scientific and other purposesE+W+S+N.I.

(1)The functions of the Secretary of State under subsections (1) to (4) of section 9 of the Sea Fish (Conservation) Act 1967 (exemption of certain things done under the authority of one of the Ministers) are transferred to the MMO.

(2)In that section, after subsection (6) insert—

(6A)The Secretary of State may make regulations with respect to applications to the Marine Management Organisation for authority under this section.

(6B)The provision that may be made in any such regulations includes provision as to—

(a)the manner in which, and time before which, any such application is to be made, and

(b)the charging of a reasonable fee by the Marine Management Organisation for dealing with an application.

(6C)The power to make regulations under this section shall be exercisable by statutory instrument.

(6D)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament..

(3)Any authority granted or treated as granted by the Secretary of State under that section before the coming into force of this section is to have effect as from the coming into force of this section as an authority granted by the MMO.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 8 partly in force; s. 8 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

Nature conservationE+W+S+N.I.

9Licences to kill or take sealsE+W+S+N.I.

(1)The Secretary of State's functions of granting and revoking licences under section 10 of the Conservation of Seals Act 1970 (c. 30) (power to grant licences) are transferred to the MMO.

(2)Any licences—

(a)granted by the Secretary of State under that section before the coming into force of this section, and

(b)having effect in relation to the whole or any part of England or the English inshore region,

are to have effect as from the coming into force of this section as licences granted by the MMO.

(3)Any application for a licence under that section in relation to the whole or any part of England or the English inshore region which was made, but not determined or withdrawn, before the coming into force of this section is to be treated as an application made to the MMO after the coming into force of this section.

10 Wildlife and Countryside Act 1981E+W+S+N.I.

(1)Section 16 of the Wildlife and Countryside Act 1981 (c. 69) (power to grant licences) is amended as follows.

(2)After subsection (8) insert—

(8A)In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “the appropriate authority” means the Marine Management Organisation..

(3)In subsection (9) (meaning of “the appropriate authority”) at the beginning insert “ Except as provided by subsection (8A), ”.

(4)At the end of the section insert—

(12)In this section—

(a)the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;

(b)the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009..

(5)To the extent that an application for a licence under section 16 of the Wildlife and Countryside Act 1981 which was made, but not determined or withdrawn, before the coming into force of this section relates to the restricted English inshore region, the application is to be treated as an application made to the MMO after the coming into force of this section.

11Sea Fisheries (Wildlife Conservation) Act 1992E+W+S+N.I.

In section 1(1) of the Sea Fisheries (Wildlife Conservation) Act 1992 (c. 36) (conservation in the exercise of sea fisheries functions) after “the Minister or Ministers” insert “ or the Marine Management Organisation ”.

Prospective

Generating and renewable energy installationsE+W+S+N.I.

12Certain consents under section 36 of the Electricity Act 1989E+W+S+N.I.

(1)The electricity consent functions of the Secretary of State are transferred to the MMO.

(2)The electricity consent functions are functions under any of the following sections of the Electricity Act—

(a)section 36(1), (5) and (7) (giving consent for construction etc of generating stations, and prosecuting breaches of that requirement),

(b)section 36A (making declarations extinguishing etc public rights of navigation), and

(c)section 36B (duties in relation to navigation),

so far as relating to any generating station that meets the requirements of subsections (3) and (4).

(3)The generating station must be in waters which are subject to regulation under section 95 of the Energy Act 2004 (c. 20), other than—

(a)any area of Scottish waters, or

(b)any area of waters in a Scottish part of a Renewable Energy Zone.

(4)The generating station must have a capacity such that the construction or extension of the generating station would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).

(5)In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of an electricity consent function of the Secretary of State, as a reference to the MMO—

(a)Schedule 8 to the Electricity Act (procedure), except paragraphs 1(3), 2(3) and 3(1), and the modifications of paragraph 4 made by paragraph 7A(5)(a)(ii) and (b), of that Schedule;

(b)paragraph 1(2) of Schedule 9 to that Act (preservation of amenity);

(c)regulations 71 to 74 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) (adaptation of planning and other controls);

(d)the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927).

(6)Paragraph 1(4) of Schedule 8 to the Electricity Act (payment of sums into Consolidated Fund) does not apply to sums received by the MMO by virtue of this section.

(7)In consequence of the provision made by this section, insert the subsection set out in subsection (8)—

(a)into section 36 of the Electricity Act, after subsection (1B) as subsection (1C), and

(b)into each of sections 36A and 36B of that Act, after subsection (1) as subsection (1A).

(8)The subsection is—

(0)This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation)..

(9)In this section “the Electricity Act” means the Electricity Act 1989 (c. 29).

(10)In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—

  • “Renewable Energy Zone”;

  • Scottish part”, in relation to a Renewable Energy Zone;

  • “Scottish waters”.

13Safety zones: functions under section 95 of the Energy Act 2004E+W+S+N.I.

(1)The functions of the Secretary of State specified in subsection (2) are transferred to the MMO.

(2)Those functions are any functions of the Secretary of State under section 95 of the Energy Act 2004 (c. 20) (safety zones around renewable energy installations), so far as relating to any renewable energy installation that meets the requirements of subsections (3) and (4).

(3)The renewable energy installation must be in waters subject to regulation under section 95 of the Energy Act 2004, other than—

(a)any area of Scottish waters, or

(b)any area of waters in a Scottish part of a Renewable Energy Zone.

(4)The renewable energy installation must have a capacity such that the construction or extension of the installation would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).

(5)In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of any function falling within subsection (2), as a reference to the MMO—

(a)section 95 of the Energy Act 2004,

(b)Schedule 16 to that Act (procedure for declaring safety zones),

but this is subject to the exceptions in subsection (6).

(6)Those exceptions are the following provisions of Schedule 16 to the Energy Act 2004 (which relate to regulations made by the Secretary of State)—

  • paragraph 3(2)(b);

  • in paragraph 4(1), the words preceding paragraph (a);

  • paragraph 4(1)(b);

  • paragraph 4(2);

  • paragraph 6(2)(b) and (6).

(7)In section 95 of the Energy Act 2004, after subsection (1) insert—

(1A)This section is subject to section 13 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation)..

(8)In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—

  • “renewable energy installation”;

  • “Renewable Energy Zone”;

  • Scottish part”, in relation to a Renewable Energy Zone;

  • “Scottish waters”.

Chapter 3E+W+S+N.I.Agreements involving the MMO for the exercise of functions

Powers to enter into agreementsE+W+S+N.I.

Prospective

14Agreements between the Secretary of State and the MMOE+W+S+N.I.

(1)The Secretary of State may enter into an agreement with the MMO authorising the MMO to perform any marine function of the Secretary of State—

(a)either in relation to the UK marine area or in relation to specified parts of that area;

(b)subject to paragraph (a), either generally or in specified cases.

Specified” means specified in the agreement.

(2)For the purposes of this Chapter, a “marine function” is any function which relates to, or whose exercise is capable of affecting, the whole or any part of the UK marine area.

(3)For the purposes of this Chapter, any reference to a marine function of the Secretary of State includes a reference to a marine function exercisable by a person—

(a)authorised or appointed by the Secretary of State, or

(b)employed in the civil service of the State (but see subsection (4)).

(4)For the purposes of subsection (3)(b), a person is not to be regarded as employed in the civil service of the State to the extent that the person is any of the following—

(a)the holder of an office in the Scottish Administration which is not a ministerial office (within the meaning of section 51 of the Scotland Act 1998 (c. 46));

(b)a member of the staff of the Scottish Administration (within the meaning of that section);

(c)a member of the staff of the Welsh Assembly Government (within the meaning of section 52 of the Government of Wales Act 2006 (c. 32)).

(5)An agreement under this section—

(a)may be cancelled by the Secretary of State at any time, and

(b)does not prevent the Secretary of State from performing a function to which the agreement relates.

(6)This section is subject to sections 17 and 18 (non-delegable functions and maximum duration of agreement).

Prospective

15Agreements between the MMO and eligible bodiesE+W+S+N.I.

(1)The MMO may, with the approval of the Secretary of State, enter into an agreement with an eligible body authorising the eligible body to perform any function of the MMO—

(a)either in relation to the UK marine area or in relation to specified parts of that area;

(b)subject to paragraph (a), either generally or in specified cases.

Specified” means specified in the agreement.

(2)For the purposes of this Chapter, any reference to a function of the MMO includes a reference to a function exercisable by a person authorised, appointed or employed by the MMO.

(3)The Secretary of State's approval may be given—

(a)in relation to a particular agreement or in relation to a description of agreements;

(b)unconditionally or subject to conditions specified in the approval.

(4)Subject to subsection (6), the Secretary of State—

(a)must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and

(b)if it appears appropriate to do so in the light of the review, may cancel the agreement.

(5)Subject to subsection (6), an agreement under this section may not be varied except—

(a)by agreement between the MMO and the eligible body, and

(b)with the approval of the Secretary of State.

(6)An approval given under subsection (1) may provide that subsection (4) or (5) does not apply (or that both of them do not apply).

(7)This section is subject to sections 17 and 18 (non-delegable functions and maximum duration of agreement).

16Eligible bodiesE+W+S+N.I.

(1)In this Chapter “eligible body” means any body in the following list—

(a)the Environment Agency;

(b)Natural England;

(c)any inshore fisheries and conservation authority;

(d)any local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 (c. 38);

(e)any harbour authority.

(2)The Secretary of State may by order amend subsection (1) so as to—

(a)add any body or description of body to the list, or

(b)remove any body or description of body from it.

(3)The Secretary of State may not exercise the power conferred by subsection (2)(a) unless satisfied that at least one of the purposes or functions of the body, or bodies of the description, to be added to the list is, or is related to or connected with, a marine function.

(4)A body to be added to the list need not be a public body.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 16 partly in force; s. 16 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

17Non-delegable functionsE+W+S+N.I.

(1)An agreement may not authorise a body to which this section applies to perform a non-delegable function.

(2)The bodies are—

(a)the MMO;

(b)an eligible body.

(3)The non-delegable functions are—

(a)any function whose performance by the body would be incompatible with the purposes for which the body was established;

(b)any power of a Minister of the Crown to make or terminate appointments, other than appointments of persons for the purpose of enforcing any legislation other than this Act or subordinate legislation made under it;

(c)any power of a Minister of the Crown to lay reports or accounts;

(d)any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);

(e)any power to fix fees or charges, other than a power prescribed for the purposes of this section by an order made by the Secretary of State;

(f)any function of an accounting officer acting in that capacity;

(g)except in relation to an agreement authorising a public body to perform functions—

(i)any power to enter, inspect, take samples or seize anything, and

(ii)any other power exercisable in connection with suspected offences;

(h)any function of the Secretary of State under the Water Industry Act 1991 (c. 56) or under any subordinate legislation made under that Act.

Prospective

18Maximum duration of agreementE+W+S+N.I.

The maximum period for which an agreement may authorise the MMO or an eligible body to perform a function is 20 years.

Prospective

Supplementary provisionsE+W+S+N.I.

19Particular powersE+W+S+N.I.

(1)The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.

(2)In subsection (3)—

  • A” means the Secretary of State or the MMO;

  • B” means—

    (a)

    the MMO, if A is the Secretary of State;

    (b)

    an eligible body, if A is the MMO.

(3)A may, under an agreement, authorise B to perform a function even though, under the enactment or subordinate legislation conferring that function on A,—

(a)the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases,

(b)the function is exercisable by A and B jointly,

(c)B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or

(d)B is required to consent to the exercise of the function (whether generally or in specified circumstances).

(4)An agreement may provide—

(a)for the performance of a function to be subject to the fulfilment of conditions;

(b)for payments to be made in respect of the performance of the function.

(5)In the following provisions of this section “relevant body” means—

(a)the MMO;

(b)any eligible body.

(6)A relevant body which is authorised under an agreement to perform a function—

(a)is to be treated as having power to do so;

(b)may, unless (or except to the extent that) the agreement provides for this paragraph not to apply,—

(i)authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;

(ii)form a body corporate and authorise that body to perform the function on its behalf.

(7)Where the eligible body is a harbour authority which is a local authority—

(a)subsection (6)(a) is subject to section 20(5), and

(b)section 20 applies in place of subsection (6)(b).

(8)Subject to subsection (6)(b) and section 20, a relevant body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.

20Agreements with certain harbour authoritiesE+W+S+N.I.

(1)This section applies where a harbour authority which is a local authority is authorised under an agreement to perform a function.

(2)Subject to subsections (5) to (7), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—

(a)any power of a local authority to arrange for the discharge of the function jointly with another local authority (but only to the extent that each of the authorities is a harbour authority),

(b)any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and

(c)any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.

(3)The persons are any committee, sub-committee, member, officer or employee of the local authority.

(4)In subsection (3)—

(a)committee” includes a joint committee of two or more local authorities which are harbour authorities and which include the local authority mentioned in subsection (1);

(b)sub-committee” includes a sub-committee of any such joint committee;

(c)the reference to a member, officer or employee of the local authority includes a reference to a member, officer or employee of any local authority, or any of the local authorities, with which the local authority may have entered into arrangements for the joint discharge of functions which consist of or include functions which the local authority is authorised under an agreement to perform.

(5)If the local authority is operating executive arrangements, the function is to be treated as a function of the local authority for the purposes of section 13 of the Local Government Act 2000 (c. 22) (provision for determining which functions of the authority are to be the responsibility of the executive and which are not).

(6)If, in a case where the local authority is operating executive arrangements, the function is to any extent the responsibility of the executive of the local authority, then to that extent—

(a)subsection (2) does not apply, but

(b)the provisions mentioned in subsection (7) have effect.

(7)The provisions are—

(a)sections 14 to 16 of the Local Government Act 2000 (discharge of functions in the case of different types of executive arrangements);

(b)any regulations under section 17 or 18 of that Act (discharge of functions by executive of a type prescribed under section 11(5) of that Act, and discharge of functions by area committees);

(c)so far as relating to arrangements (including the appointment of joint committees) under section 101(5) of the Local Government Act 1972 (c. 70) which involve another local authority which is a harbour authority, any regulations under section 20 of the Local Government Act 2000 (joint exercise of functions).

(8)Executive arrangements” and “executive” have the same meaning as in Part 2 of the Local Government Act 2000.

(9)An agreement may provide that the provisions of subsection (2) or those mentioned in subsection (7) do not apply (or do not apply to a specified extent).

21Supplementary provisions with respect to agreementsE+W+S+N.I.

(1)An agreement, and any approval given by the Secretary of State under section 15, must be in writing.

(2)The Secretary of State must arrange for a copy of an agreement to be published in a way that the Secretary of State thinks is suitable for bringing it to the attention of persons likely to be affected by it.

(3)No power of a Minister of the Crown under any enactment to give directions to a statutory body extends to giving a direction—

(a)requiring it to enter into an agreement;

(b)prohibiting it from entering into an agreement;

(c)requiring it to include, or prohibiting it from including, particular terms in an agreement;

(d)requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of an agreement.

(4)Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) (restrictions on disclosure of information) applies in relation to an authorisation by the MMO or an eligible body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.

22Interpretation of this ChapterE+W+S+N.I.

(1)In sections 17 to 21 “agreement” means an agreement under section 14 or 15.

(2)In this Chapter—

  • eligible body” has the meaning given by section 16;

  • local authority” means a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22);

  • marine function” has the meaning given by section 14.

Chapter 4E+W+S+N.I.Miscellaneous, general and supplemental provisions

Prospective

Applications for development consentE+W+S+N.I.

23MMO's role in relation to applications for development consentE+W+S+N.I.

(1)The Planning Act 2008 (c. 29) is amended as set out in subsections (2) to (6).

(2)In section 42 (duty to consult about proposed applications for orders granting development consent)—

(a)the existing provision is renumbered as subsection (1);

(b)in that subsection, after paragraph (a) insert—

(aa)the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),;

(c)after subsection (1) insert—

(2)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(3)In consequence of the amendments made by subsection (2) of this section—

(a)the heading to section 43 becomes “Local authorities for purposes of section 42(1)(b)”, and

(b)the heading to section 44 becomes “Categories for purposes of section 42(1)(d)”.

(4)In section 55 (acceptance of applications), in subsection (5), in the definition of “local authority consultee”—

(a)for “section 42(b)” substitute “ section 42(1)(b) ”;

(b)for “section 42(c)” substitute “ section 42(1)(c) ”.

(5)In section 56 (duty to notify persons of accepted applications)—

(a)in subsection (2), after paragraph (a) insert—

(aa)the Marine Management Organisation, in any case where the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (2A),;

(b)after subsection (2) insert—

(2A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(6)In section 102 (definition of “interested party” etc)—

(a)in subsection (1), after paragraph (b) insert—

(ba)the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),;

(b)after subsection (1) insert—

(1A)The areas are—

(a)waters in or adjacent to England up to the seaward limits of the territorial sea;

(b)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(c)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(7)The Secretary of State must give guidance to the MMO as to the kind of representations which may be made by the MMO under—

(a)Chapter 2 of Part 5 of the Planning Act 2008 (c. 29) (pre-application procedure), or

(b)Part 6 of that Act (deciding applications for orders granting development consent).

Prospective

General powers and dutiesE+W+S+N.I.

24ResearchE+W+S+N.I.

(1)The MMO may (whether alone or with other bodies or persons)—

(a)undertake research into any matter relating to its functions or its general objective, or

(b)commission or support (by financial means or otherwise) research into any such matter.

(2)The MMO is to make the results of any such research available to any person on request.

(3)Subsection (2) does not require the MMO to make available—

(a)any information that it could refuse to disclose in response to a request under—

(i)the Freedom of Information Act 2000 (c. 36), or

(ii)the Environmental Information Regulations 2004 (S.I. 2004/ 3391) or any regulations replacing those Regulations;

(b)any information whose disclosure is prohibited by any enactment.

25Advice, assistance and training facilitiesE+W+S+N.I.

(1)The MMO must provide the Secretary of State with such advice and assistance as the Secretary of State may request.

(2)The MMO must, at the request of any public body, provide advice to that body on any matter which—

(a)is within the knowledge or experience of the MMO,

(b)relates to any of the functions of the MMO or to its general objective, and

(c)affects the performance by the public body of its functions.

(3)The MMO may provide advice to any person on any matter relating to any of its functions or its general objective—

(a)at the request of that person, or

(b)if the MMO considers it appropriate to do so, on its own initiative.

(4)The MMO may provide any person with—

(a)assistance, or

(b)the use of training facilities,

as respects any matter of which the MMO has knowledge or experience.

26Provision of information etcE+W+S+N.I.

(1)The MMO may—

(a)publish documents or provide information about any matter relating to any of its functions or its general objective, or

(b)assist in the publication of such documents or the provision of such information.

(2)Nothing in any other enactment imposing a duty or conferring a power on the MMO—

(a)to publish, or assist in the publication of, documents of a particular kind, or

(b)to provide, or assist in the provision of, information of a particular kind,

is to be read as limiting the power conferred by subsection (1).

27Power to charge for servicesE+W+S+N.I.

(1)The MMO may charge such fees in respect of the cost of providing its services as appear to it to be reasonable.

(2)The fees that may be charged under this section include fees in respect of the cost of services provided by the MMO under any arrangements made between the MMO and the Welsh Ministers or a Northern Ireland department under—

(a)section 83 of the Government of Wales Act 2006 (c. 32), or

(b)section 28 of the Northern Ireland Act 1998 (c. 47).

(3)For the purposes of this section, “services” includes, in particular, anything done under—

(a)section 2(11) (provision of copy of guidance);

(b)section 24(2) (making available the results of research);

(c)section 25(2), (3)(a) or (4) (advice, assistance and training facilities);

(d)section 26 (information).

28Provision of information by the MMO to the Secretary of StateE+W+S+N.I.

(1)The MMO must provide the Secretary of State with all such information as the Secretary of State may reasonably require with respect to any of the following matters—

(a)the carrying out, or proposed carrying out, of the MMO's functions;

(b)the MMO's responsibilities generally.

(2)Information required under this section is to be provided in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State may require.

(3)The information which the MMO may be required to provide under this section includes information which, although it is not in the possession of the MMO or would not otherwise come into the possession of the MMO, is information which it is reasonable to require the MMO to obtain.

(4)A requirement for the purposes of this section—

(a)must be made in writing;

(b)may describe the information to be provided in such manner as the Secretary of State considers appropriate;

(c)may require the information to be provided on a particular occasion, in particular circumstances or from time to time.

29Power to bring proceedingsE+W+S+N.I.

(1)The MMO may institute criminal proceedings in England, Wales or Northern Ireland.

(2)The MMO may institute proceedings for the recovery of any monetary penalty imposed under this Act.

(3)Subsection (2) is without prejudice to any other powers the MMO may have to institute proceedings.

(4)The MMO may designate under this subsection any of its employees who would not (apart from subsection (6)) be entitled to carry on, in relation to magistrates' court proceedings, an activity which constitutes—

(a)the conduct of litigation, or

(b)the exercise of a right of audience falling within subsection (5).

(5)The rights of audience are—

(a)a right of audience in trials of summary offences;

(b)a right of audience in relation to any application for, or relating to, bail in criminal proceedings relating to a summary offence or an offence triable either way, unless (as matters stand at the time when the application is made) the offence is to be tried on indictment;

(c)a right of audience in relation to interlocutory applications and sentencing in proceedings relating to a summary offence or an offence triable either way;

(d)a right of audience in proceedings for the recovery of any sum of money.

(6)Subject to any exceptions specified in the designation, a person designated under subsection (4) is entitled to carry on, in relation to magistrates' court proceedings, any activity specified in the designation which constitutes—

(a)the conduct of litigation, or

(b)the exercise of a right of audience falling within subsection (5).

(7)For the purposes of subsection (5), a trial—

(a)begins with the opening of the prosecution case after the entry of a plea of not guilty, and

(b)ends with the conviction or acquittal of the accused.

(8)In this section—

  • “bail in criminal proceedings”—

    (a)

    in relation to England and Wales, has the same meaning as in section 1 of the Bail Act 1976 (c. 63) (see subsection (1) of that section);

    (b)

    in relation to Northern Ireland, means bail within the meaning of Part 2 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13));

  • conduct of litigation” has the meaning given by paragraph 4 of Schedule 2 to the Legal Services Act 2007 (c. 29);

  • “magistrates' court proceedings” means proceedings before a magistrates' court in England, Wales or Northern Ireland;

  • right of audience” has the meaning given by paragraph 3 of Schedule 2 to the Legal Services Act 2007.

30Continuation of certain existing prosecutionsE+W+S+N.I.

(1)Any prosecution commenced by the Secretary of State before the appropriate commencement date—

(a)for an offence in relation to any of the functions transferred to the MMO by or under Chapter 2 of this Part, or

(b)for an offence under the fisheries legislation (see subsections (2) and (3)),

may be continued on or after that day by the MMO.

(2)In this section “the fisheries legislation” means—

(a)any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));

(b)any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.

(3)The fisheries legislation” does not include—

(a)the Salmon and Freshwater Fisheries Act 1975 (c. 51);

(b)the Salmon Act 1986 (c. 62);

(c)byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);

(d)the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);

(e)byelaws made by an inshore fisheries and conservation authority under section 155.

(4)In this section—

  • the appropriate commencement date” means—

    (a)

    in relation to an offence falling within paragraph (a) of subsection (1), the date on which the function to which the offence relates is transferred to the MMO;

    (b)

    in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;

  • enforceable EU obligation” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;

  • enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.

31Incidental powersE+W+S+N.I.

(1)The MMO may do anything which appears to it to be incidental or conducive to the carrying out of its functions or the achievement of its general objective.

(2)In particular, the MMO may—

(a)enter into agreements;

(b)acquire or dispose of land or other property;

(c)subject to the restrictions imposed by sections 33 and 34, borrow money;

(d)subject to the approval of the Secretary of State, form bodies corporate or acquire or dispose of interests in bodies corporate;

(e)accept gifts;

(f)invest money.

Financial provisionsE+W+S+N.I.

Prospective

32GrantsE+W+S+N.I.

(1)The Secretary of State may make payments by way of grant to the MMO.

(2)Any payments under subsection (1) are to be—

(a)of such amounts,

(b)at such times, and

(c)subject to such conditions (if any),

as the Secretary of State may determine.

Prospective

33Borrowing powersE+W+S+N.I.

(1)The MMO may borrow money, but only—

(a)in accordance with the following provisions of this section, and

(b)subject to section 34 (limit on borrowing).

(2)The MMO may borrow such sums as it may require for meeting its obligations and carrying out its functions.

(3)The MMO may borrow any such sums—

(a)from the Secretary of State, by way of loan, or

(b)from persons other than the Secretary of State, by way of overdraft or otherwise.

(4)The MMO may borrow by virtue of subsection (3)(b) only if the Secretary of State consents.

(5)Any consent under subsection (4) may be given subject to conditions.

34Limit on borrowingE+W+S+N.I.

(1)The aggregate amount outstanding in respect of the principal of sums borrowed by the MMO must not at any time exceed £20 million.

(2)The Secretary of State may by order amend subsection (1) so as to substitute for the sum for the time being there specified such sum as may be specified in the order.

(3)The sum specified in an order under subsection (2) must be a sum—

(a)greater than £20 million, but

(b)not greater than £80 million.

(4)A statutory instrument containing an order under subsection (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 34 partly in force; s. 34 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

35Government loansE+W+S+N.I.

(1)The Secretary of State may lend money to the MMO.

(2)A loan under this section may be made subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.

(3)The conditions must include provision with respect to—

(a)repayment of the loan at such times, and by such methods, as the Secretary of State may from time to time determine, and

(b)payment of interest on the loan at such rates, and at such times, as the Secretary of State may from time to time determine.

(4)The Treasury may issue to the Secretary of State out of money provided by Parliament such sums as are necessary to enable the Secretary of State to make loans under this section.

(5)The Secretary of State must, in respect of each financial year,—

(a)prepare an account of any sums lent or received in pursuance of this section during the year, and

(b)send that account to the Comptroller and Auditor General before the end of September in the following financial year.

(6)The Comptroller and Auditor General must—

(a)examine, certify and report on each account sent under subsection (5), and

(b)send a copy of the certified account and of the report to the Secretary of State as soon as possible;

and the Secretary of State must lay before each House of Parliament a copy of the certified account and of the report.

Prospective

36Government guaranteesE+W+S+N.I.

(1)The Secretary of State may guarantee—

(a)the repayment of the principal of any sum borrowed by the MMO from a person other than the Secretary of State;

(b)the payment of interest on any such sum;

(c)the discharge of any other financial obligation in connection with any such sum.

(2)A guarantee under subsection (1) may be given in such manner, and on such conditions, as the Secretary of State may think fit.

(3)If a guarantee is given under subsection (1), the Secretary of State must lay a statement of the guarantee before each House of Parliament.

(4)Where any sum is paid out for fulfilling a guarantee under this section, the Secretary of State must, as soon as reasonably practicable after the end of each financial year in the relevant period, lay before each House of Parliament a statement relating to that sum.

(5)For the purposes of subsection (4), the relevant period is the period which—

(a)begins with the financial year in which the sum is paid out, and

(b)ends with the financial year in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

(6)If any sums are paid out in fulfilment of a guarantee under this section, the MMO must make to the Secretary of State—

(a)payments of such amounts as the Secretary of State may from time to time direct in or towards repayment of the sums so paid out, and

(b)payments of interest, at such rate as the Secretary of State may so direct, on what is outstanding for the time being in respect of sums so paid out.

(7)Payments under subsection (6) are to be made—

(a)at such times, and

(b)in such manner,

as the Secretary of State may from time to time direct.

Prospective

Directions and guidanceE+W+S+N.I.

37Directions by the Secretary of StateE+W+S+N.I.

(1)The Secretary of State may give the MMO general or specific directions with respect to the exercise of any of the MMO's functions.

(2)The Secretary of State may also give the MMO such general or specific directions as the Secretary of State considers appropriate for the implementation of any obligations of the United Kingdom under—

(a)the EU Treaties, or

(b)any international agreement to which the United Kingdom or the European Union is for the time being a party.

(3)Before giving directions under this section, the Secretary of State must consult the MMO.

(4)Consultation under subsection (3) is not required if the Secretary of State considers that there is an emergency.

(5)The MMO must comply with any directions given to it under this section.

(6)The Secretary of State must publish in the London Gazette notice of any directions given under this section.

(7)The giving of any directions under this section must be publicised in such manner as the Secretary of State considers appropriate for the purpose of bringing the matters to which the directions relate to the attention of persons likely to be affected by them.

(8)Copies of any directions given under this section are to be made available by the MMO to members of the public on payment of such reasonable fee as the MMO may determine.

(9)Until the coming into force of Part 2 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) the reference in subsection (2)(a) to the EU Treaties is to be read as a reference to the Community Treaties.

38Guidance by the Secretary of StateE+W+S+N.I.

(1)The Secretary of State may give the MMO guidance with respect to the exercise of any of the MMO's functions.

(2)The MMO must have regard to any guidance given to it under this Act by the Secretary of State.

(3)Before giving any such guidance, the Secretary of State must consult—

(a)the MMO, and

(b)such other bodies or persons as the Secretary of State considers appropriate.

Prospective

Transfer schemes etcE+W+S+N.I.

39Transfer schemesE+W+S+N.I.

(1)The Secretary of State may, in connection with the establishment of, or the transfer of any functions to, the MMO, make one or more schemes for the transfer to the MMO of designated property, rights or liabilities of any of the following—

(a)a Minister of the Crown,

(b)a government department,

(c)a statutory body.

(2)The Secretary of State may make one or more schemes for the transfer of designated property, rights or liabilities of the MMO to any of the following—

(a)a Minister of the Crown,

(b)a government department,

(c)a statutory body.

(3)In connection with the efficient management for public purposes of any property, rights or liabilities, the Secretary of State may at any time make one or more schemes for the transfer of—

(a)designated property, rights or liabilities of the Secretary of State to the MMO, or

(b)designated property, rights or liabilities of the MMO to the Secretary of State.

(4)On the transfer date for any designated property, rights or liabilities, that property and those rights and liabilities are transferred and vest in accordance with the scheme.

(5)In this section and Schedule 3—

  • designated”, in relation to a scheme, means specified or described in, or determined in accordance with, the scheme;

  • statutory body” means any body or person established by or under any enactment;

  • transfer date”, in relation to any property, rights or liabilities, means a date specified by a scheme as the date on which the scheme is to have effect in relation to that property or those rights or liabilities.

(6)Schedule 3 makes further provision relating to schemes under this section.

40Interim arrangementsE+W+S+N.I.

(1)The Secretary of State may by notice require any of the following—

(a)a Minister of the Crown,

(b)a government department,

(c)a statutory body,

to provide to the MMO on a temporary basis such staff, premises or other facilities as may be specified in the notice.

(2)In this section “statutory body” means any body or person established by or under any enactment.

Part 2 E+W+S+N.I.Exclusive economic zone, UK marine area and Welsh zone

41Exclusive economic zoneE+W+S+N.I.

(1)The rights to which this section applies have effect as rights belonging to Her Majesty by virtue of this section.

(2)This section applies to all rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea.

(3)Her Majesty may by Order in Council designate an area as an area within which the rights to which this section applies are exercisable (an “exclusive economic zone”).

(4)The Secretary of State may by order designate the whole or any part of the exclusive economic zone as an area in relation to which the Scottish Ministers, the Welsh Ministers or any Northern Ireland department are to have functions.

(5)In any enactment or instrument passed or made after the coming into force of an Order in Council made under this section, any reference to the United Kingdom's exclusive economic zone is to be read as a reference to any area designated in the Order in Council.

(6)An Order in Council under this section may include incidental, consequential, supplementary or transitional provision or savings.

(7)In this section “the Convention” means the United Nations Convention on the Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.

(8)Part 1 of Schedule 4 (which contains amendments consequential on this section) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 41 partly in force; s. 41 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

42UK marine areaE+W+S+N.I.

(1)For the purposes of this Act, the “UK marine area” consists of the following—

(a)the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom,

(b)any area of sea within the limits of the exclusive economic zone,

(c)the area of sea within the limits of the UK sector of the continental shelf (so far as not falling within the area mentioned in paragraph (b), and see also subsection (2)),

and includes the bed and subsoil of the sea within those areas.

(2)The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK marine area for any purpose only to the extent that such treatment for that purpose does not contravene any international obligation binding on the United Kingdom or Her Majesty's government.

(3)In this section “sea” includes—

(a)any area submerged at mean high water spring tide, and

(b)the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.

(4)The area of sea referred to in subsection (3)(a) includes waters in any area—

(a)which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but

(b)into which seawater is caused or permitted to flow, whether continuously or from time to time, and

(c)from which seawater is caused or permitted to flow, whether continuously or from time to time.

(5)Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (1)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.

43Welsh zoneE+W+S+N.I.

(1)Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is amended as follows.

(2)In subsection (1) after the definition of “Wales” insert , and

Welsh zone” means the sea adjacent to Wales which is—

(a)within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and

(b)specified in an Order in Council under section 58 or an order under subsection (3).

(3)For subsection (3) substitute—

(3)The Secretary of State may by order determine, or make provision for determining, for the purposes of the definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and those which are not.

(4)Part 2 of Schedule 4 (which contains amendments consequential on this section) has effect.

(5)The Secretary of State may by order make such modifications or amendments of—

(a)any Act passed before the end of the Session in which this Act is passed, or

(b)any instrument made before the end of that Session,

as the Secretary of State considers appropriate in consequence of this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 43 partly in force; s. 43 in force for specified purposes at Royal Assent see s. 324(1)(c)(d)

Part 3 E+W+S+N.I.Marine planning

Chapter 1E+W+S+N.I.Marine policy statement

44Marine policy statementE+W+S+N.I.

(1)For the purposes of this Act a “marine policy statement” (an “MPS”) is a document—

(a)in which the policy authorities that prepare and adopt it state general policies of theirs (however expressed) for contributing to the achievement of sustainable development in the UK marine area,

(b)which has been prepared and adopted by those authorities in accordance with Schedule 5, and

(c)which states that it has been prepared and adopted for the purposes of this section.

(2)An MPS may also include statements or information relating to policies contained in the MPS.

(3)If to any extent a policy stated in an MPS conflicts with any other statement or information in the MPS, that conflict must be resolved in favour of the policy.

(4)In this Part “policy authority” means any of the following—

(a)the Secretary of State;

(b)the Scottish Ministers;

(c)the Welsh Ministers;

(d)the Department of the Environment in Northern Ireland.

(5)Any reference in this Part to an MPS being adopted by any policy authorities is a reference to the final text of the MPS being adopted by those authorities in accordance with Schedule 5.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 44 wholly in force at 12.1.2010; s. 44(1)(b)(5) in force for specified purposes at Royal Assent see s. 324(1)(a)(ii); s. 44 in force in so far as not already in force at 12.1.2010 see s. 324(2)(a)

45Preparation and coming into effect of statementE+W+S+N.I.

(1)An MPS may only be prepared by—

(a)all the policy authorities, acting jointly,

(b)the Secretary of State and any one or more other policy authorities, acting jointly, or

(c)the Secretary of State.

(2)An MPS must not be prepared by the Secretary of State acting alone under subsection (1)(c) unless the Secretary of State has first invited each of the other policy authorities to participate in the preparation of an MPS.

(3)A later MPS replaces an earlier MPS, whether or not the later MPS is prepared and adopted by the same policy authorities that prepared and adopted the earlier MPS.

(4)An MPS comes into effect when it has been published in accordance with Schedule 5.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 45 wholly in force at 12.1.2010; s. 45(4) in force for specified purposes at Royal Assent see s. 324(1)(a)(ii); s. 45 in force in so far as not already in force at 12.1.2010 see s. 324(2)(a)

46Review of statementE+W+S+N.I.

The policy authorities that prepared and adopted an MPS must review the MPS whenever they consider it appropriate to do so.

47Amendment of statementE+W+S+N.I.

(1)An MPS may be amended from time to time by the policy authorities which prepared and adopted it.

(2)Any amendment of an MPS must be prepared and adopted in accordance with Schedule 5.

(3)Any amendment of an MPS comes into effect when it has been published in accordance with that Schedule.

(4)Any reference in this Part to an amendment of an MPS being adopted by any policy authorities is a reference to the final text of the amendment being adopted by those authorities in accordance with that Schedule.

(5)Any reference in this Act to an MPS includes a reference to an MPS as amended.

48Withdrawal of, or from, statementE+W+S+N.I.

(1)If any of the policy authorities that prepared and adopted an MPS—

(a)comes to the conclusion that it desires to withdraw from the MPS, and

(b)publishes notice of that conclusion in each of the Gazettes,

the authority is to be regarded as having withdrawn from the MPS as from the date on which the notice is so published.

(2)Before arranging to publish any such notice, the policy authority must inform each of the other policy authorities that it intends to do so.

(3)If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from the date of the Secretary of State's withdrawal.

(4)If any other policy authority withdraws from an MPS, then, as from the date of the authority's withdrawal, the authority is to be treated for the purposes of this Part as if it were not one of the policy authorities which adopted and published the MPS.

(5)If the Secretary of State withdraws from an MPS, the Secretary of State must take such further steps as the Secretary of State considers appropriate to secure that the withdrawal of the MPS is brought to the attention of interested persons.

(6)If any other policy authority withdraws from an MPS, it must take such further steps as it considers appropriate to secure that its withdrawal from the MPS is brought to the attention of interested persons.

(7)An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as from the date of the withdrawal.

(8)Where a policy authority withdraws from an MPS, or an MPS is withdrawn by virtue of the withdrawal of the Secretary of State, the withdrawal does not affect—

(a)the continuing validity or effect of any marine plan for any marine plan area, or

(b)until such time as a new MPS governs marine planning for a marine plan area, the construction of any marine plan for that marine plan area.

(9)In this section—

  • the Gazettes” means—

    (a)

    the London Gazette,

    (b)

    the Edinburgh Gazette, and

    (c)

    the Belfast Gazette;

  • interested persons” means—

    (a)

    any persons appearing to the policy authority to be likely to be interested in, or affected by, the withdrawal of or from the MPS;

    (b)

    members of the general public.

Chapter 2E+W+S+N.I.Marine plans

49Marine planning regionsE+W+S+N.I.

(1)The UK marine area comprises the following marine planning regions—

(a)the English inshore region;

(b)the English offshore region;

(c)the Scottish inshore region;

(d)the Scottish offshore region;

(e)the Welsh inshore region;

(f)the Welsh offshore region;

(g)the Northern Ireland inshore region;

(h)the Northern Ireland offshore region.

(2)The definitions of those regions can be found in section 322.

50Marine plan authoritiesE+W+S+N.I.

(1)There is to be a marine plan authority for each marine planning region other than—

(a)the Scottish inshore region;

(b)the Northern Ireland inshore region.

(2)The marine plan authority for each marine planning region is as follows—

(a)for the English inshore region, the Secretary of State;

(b)for the English offshore region, the Secretary of State;

(c)for the Scottish offshore region, the Scottish Ministers;

(d)for the Welsh inshore region, the Welsh Ministers;

(e)for the Welsh offshore region, the Welsh Ministers;

(f)for the Northern Ireland offshore region, the Department of the Environment in Northern Ireland.

(3)References to a marine plan authority's region are to be construed accordingly.

51Marine plans for marine plan areasE+W+S+N.I.

(1)A marine plan authority may prepare a marine plan for an area (a “marine plan area”) consisting of the whole or any part of its marine planning region.

(2)Where an MPS governs marine planning for a marine planning region, the marine plan authority for the region must seek to ensure that every part of the region is within an area for which a marine plan is in effect.

(3)A “marine plan” is a document which—

(a)has been prepared and adopted for a marine plan area by the appropriate marine plan authority in accordance with Schedule 6,

(b)states the authority's policies (however expressed) for and in connection with the sustainable development of the area, and

(c)states that it is a marine plan prepared and adopted for the purposes of this section.

(4)For the purposes of this section “the appropriate marine plan authority” in the case of any marine plan area is the marine plan authority in whose region the marine plan area lies.

(5)A marine plan must identify (by means of a map or otherwise) the marine plan area for which it is a marine plan.

(6)A marine plan must be in conformity with any MPS which governs marine planning for the marine plan area unless relevant considerations indicate otherwise.

(7)For the purposes of this Part, an MPS “governs marine planning” for an area if—

(a)it has been adopted by the policy authority which is the marine plan authority whose region consists of or includes the area,

(b)it has been published in accordance with paragraph 12 of Schedule 5,

(c)it has not been replaced or withdrawn, and

(d)the policy authority mentioned in paragraph (a) has not withdrawn from it.

As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal of, or from, an MPS).

(8)Unless prepared and adopted by the Secretary of State, a marine plan must state whether it includes provision relating to retained functions (see sections 59 and 60).

(9)A marine plan may also include statements or information relating to policies contained in the plan.

(10)If to any extent a policy stated in a marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy.

(11)A marine plan comes into effect when it has been published by the marine plan authority that prepared and adopted it in accordance with Schedule 6.

52Amendment of marine planE+W+S+N.I.

(1)A marine plan may be amended from time to time by the marine plan authority for the marine planning region in which the marine plan area lies.

(2)The provisions of this Part that relate to the preparation, adoption, publication and coming into effect of a marine plan also apply in relation to amendments of a marine plan.

(3)Any reference in this Act to a marine plan includes a reference to a marine plan as amended.

53Withdrawal of marine planE+W+S+N.I.

(1)A marine plan may be withdrawn at any time, but only in accordance with the following provisions of this section.

(2)In this section—

(a)subsection (3) has effect where a marine plan authority decides to withdraw a marine plan;

(b)subsection (4) has effect where the Secretary of State decides to withdraw agreement to a marine plan;

(c)subsections (5) and (6) make supplementary provision.

(3)If a marine plan authority decides to withdraw a marine plan—

(a)it is to publish notice of the withdrawal of the plan in each appropriate Gazette, and

(b)the marine plan is withdrawn as from the date on which the notice is so published.

(4)If at any time the Secretary of State decides to withdraw agreement previously given under paragraph 15 of Schedule 6 to a marine plan—

(a)the Secretary of State is to give notice of that decision to the marine plan authority,

(b)within 7 days of receiving that notice, the marine plan authority must publish notice of the withdrawal of the marine plan in each appropriate Gazette, and

(c)the marine plan is withdrawn as from the date on which the notice is so published.

(5)Where a marine plan is withdrawn under this section, the marine plan authority must take such further steps as it considers appropriate to secure that the withdrawal of the marine plan is brought to the attention of interested persons.

(6)In this section—

  • appropriate Gazette” means—

    (a)

    the London Gazette, if the marine plan is for a marine plan area in the English inshore region or the Welsh inshore region;

    (b)

    in any other case, each of the Gazettes;

  • the Gazettes” means—

    (a)

    the London Gazette;

    (b)

    the Edinburgh Gazette; and

    (c)

    the Belfast Gazette;

  • interested persons” means—

    (a)

    any persons appearing to the marine plan authority to be likely to be interested in, or affected by, the withdrawal of the marine plan, and

    (b)

    members of the general public.

54Duty to keep relevant matters under reviewE+W+S+N.I.

(1)A marine plan authority must keep under review the matters which may be expected to affect the exercise of its functions relating to—

(a)the identification of areas which are to be marine plan areas, and

(b)the preparation, adoption, review, amendment or withdrawal of marine plans for those areas.

The reference in paragraph (b) to review is a reference to the functions of the marine plan authority under section 61.

(2)The matters include—

(a)the physical, environmental, social, cultural and economic characteristics of the authority's region and of the living resources which the region supports;

(b)the purposes for which any part of the region is used;

(c)the communications, energy and transport systems of the region;

(d)any other considerations which may be expected to affect those matters.

(3)The matters also include—

(a)any changes which could reasonably be expected to occur in relation to any such matter;

(b)the effect that any such changes may have in relation to the sustainable development of the region, its natural resources, or the living resources dependent on the region.

(4)The reference in subsection (2)(a) to the cultural characteristics of the authority's region includes a reference to characteristics of that region which are of a historic or archaeological nature.

Chapter 3E+W+S+N.I.Delegation of functions relating to marine plans

55Delegation of functions relating to marine plansE+W+S+N.I.

(1)A marine plan authority may give directions under this section.

(2)A direction under this section is a direction which—

(a)designates any of the delegable marine plan functions which would (apart from directions under this section) be exercisable by or in relation to the authority, and

(b)directs that those functions, instead of being so exercisable, are to be exercisable by or in relation to such public body, acting on behalf of the authority, as is designated in the direction.

(3)An authority which gives a direction under this section may do so only with the consent of the public body.

(4)The public body—

(a)must comply with the direction, and

(b)is to be taken to have all the powers necessary to do so.

(5)In this section “delegable marine plan functions” means—

(a)functions under Chapter 2 of this Part (marine plans), and

(b)functions under section 61 (monitoring etc of implementation),

other than excepted functions.

(6)The “excepted functions” are the following functions of a marine plan authority—

(a)deciding under paragraph 15 of Schedule 6 whether to publish a marine plan or any amendment of a marine plan;

(b)deciding under section 53 whether to withdraw a marine plan.

(7)No direction may be given under this section in respect of any of the following functions of the Secretary of State—

(a)deciding under paragraph 5 of Schedule 6 whether to give agreement to a statement of public participation;

(b)deciding under paragraph 7 of that Schedule whether to give agreement to a revised statement of public participation;

(c)deciding under paragraph 11 of that Schedule whether to give agreement to a consultation draft;

(d)deciding under paragraph 15 of that Schedule whether to give agreement to a marine plan;

(e)deciding under section 53 whether to withdraw agreement previously given under that paragraph to a marine plan.

56Directions under section 55: supplementary provisionsE+W+S+N.I.

(1)An authority which gives a direction under section 55 must publish the direction in a way calculated to bring the direction to the attention of persons likely to be interested in or affected by it.

(2)For so long as a direction given and published under that section remains in force, the designated functions are exercisable by or in relation to the public body acting on behalf of the authority (and are not exercisable by or in relation to the authority).

(3)Subsection (2) is subject to any provision to the contrary which—

(a)is made by the direction, or

(b)is included in a direction under section 57.

(4)A direction under section 55 may include—

(a)such terms or conditions,

(b)such obligations or requirements,

(c)such financial provisions,

as the authority giving the direction may determine.

(5)Directions under section 55 may make different provision for different cases, different areas or different public bodies.

57Directions to public bodies as regards performance of delegated functionsE+W+S+N.I.

(1)This section applies where any functions are exercisable by or in relation to a public body by virtue of a direction given under section 55 by an authority.

(2)The authority may from time to time give directions to the public body with respect to the performance of the functions.

(3)Before giving any such directions, the authority must consult the public body.

(4)A public body to which directions are given under this section must comply with the directions.

(5)An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be interested in or affected by it.

Chapter 4E+W+S+N.I.Implementation and effect

Decisions affected by an MPS or marine planE+W+S+N.I.

58Decisions affected by marine policy documentsE+W+S+N.I.

(1)A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents, unless relevant considerations indicate otherwise.

(2)If a public authority takes an authorisation or enforcement decision otherwise than in accordance with the appropriate marine policy documents, the public authority must state its reasons.

(3)A public authority must have regard to the appropriate marine policy documents in taking any decision—

(a)which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area, but

(b)which is not an authorisation or enforcement decision.

(4)An “authorisation or enforcement decision” is any of the following—

(a)the determination of any application (whenever made) for authorisation of the doing of any act which affects or might affect the whole or any part of the UK marine area,

(b)any decision relating to any conditions of such an authorisation,

(c)any decision about extension, replacement, variation, revocation or withdrawal of any such authorisation or any such conditions (whenever granted or imposed),

(d)any decision relating to the enforcement of any such authorisation or any such conditions,

(e)any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph (a),

but does not include any decision on an application for an order granting development consent under the Planning Act 2008 (c. 29) (in relation to which subsection (3) has effect accordingly).

(5)In section 104(2) of the Planning Act 2008 (matters to which Panel or Council must have regard in deciding application for order granting development consent) after paragraph (a) insert—

(aa)the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;.

(6)In this section—

  • act” includes omission;

  • appropriate marine policy document” is to be read in accordance with section 59;

  • authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.

59The appropriate marine policy documentsE+W+S+N.I.

(1)This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58.

(2)For that purpose—

(a)subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and

(b)subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.

(3)To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.

(4)A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—

(a)it contains a statement under section 51(8) that it includes provision relating to retained functions,

(b)it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and

(c)it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region.

(5)Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities—

(a)any Minister of the Crown;

(b)any government department;

(c)if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;

(d)any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;

(e)any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;

(f)any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.

(6)For the purposes of subsection (5)(f)—

(a)the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and

(b)the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.

(7)In this section—

  • adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));

  • Counsel General” means the Counsel General to the Welsh Assembly Government;

  • devolved marine planning region” means any marine planning region other than—

    (a)

    the English inshore region, and

    (b)

    the English offshore region;

  • devolved policy authority” means—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers;

    (c)

    the Department of the Environment in Northern Ireland;

  • First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

  • non-departmental public authority” means any public authority other than—

    (a)

    a Minister of the Crown or government department;

    (b)

    the Scottish Ministers;

    (c)

    the Welsh Ministers, the First Minister or the Counsel General;

    (d)

    a Northern Ireland Minister or a Northern Ireland department;

  • “Northern Ireland Minister”—

    (a)

    has the same meaning as in the Northern Ireland Act 1998 (c. 47), but

    (b)

    includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

  • primary devolved authority”, in relation to a devolved policy authority, means—

    (a)

    in the case of the Welsh Ministers, the First Minister or the Counsel General;

    (b)

    in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;

  • “retained functions” is defined for the purposes of this Part in section 60;

  • secondary devolved functions” has the same meaning as in section 60.

60Meaning of “retained functions” etcE+W+S+N.I.

(1)For the purposes of this Part, the functions of a public authority which are “retained functions” as respects any marine planning region are those functions of the public authority which, as respects that region, are not any of the following—

(a)Scottish Ministerial functions (see subsection (2));

(b)Welsh Ministerial functions (see subsection (2));

(c)Northern Ireland government functions (see subsection (2));

(d)secondary devolved functions (see subsection (3));

(e)relevant ancillary functions (see subsection (5)).

(2)In this section—

  • Northern Ireland government functions” means—

    (a)

    any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9));

    (b)

    any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department;

    (c)

    the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;

  • Scottish Ministerial functions” means—

    (a)

    any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions;

    (b)

    any concurrent functions, so far as exercised by the Scottish Ministers;

    (c)

    the function exercised by the Scottish Ministers when exercising a joint function;

  • Welsh Ministerial functions” means—

    (a)

    any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions;

    (b)

    any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General;

    (c)

    the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function.

(3)Secondary devolved functions” means—

(a)as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish functions;

(b)as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh functions;

(c)as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland functions.

See subsection (4) for the definition of each of those descriptions of secondary devolved functions.

(4)In this section—

  • secondary devolved Northern Ireland functions” means any of the following—

    (a)

    any functions exercisable by a Northern Ireland non-departmental public authority;

    (b)

    any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998 (c. 47));

  • secondary devolved Scottish functions” means any of the following—

    (a)

    any functions exercisable by a Scottish non-departmental public authority;

    (b)

    any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998 (c. 46));

  • secondary devolved Welsh functions” means any of the following—

    (a)

    any functions exercisable by a Welsh non-departmental public authority;

    (b)

    any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales;

    (c)

    any functions exercisable by a non-departmental public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales;

but the definitions in this subsection are subject to subsection (6) (which excludes certain functions in relation to which functions are exercisable by a Minister of the Crown or government department).

(5)Relevant ancillary functions” means any functions exercisable by a non-departmental public authority in relation to any of the following—

(a)a Scottish Ministerial function;

(b)a Welsh Ministerial function;

(c)a Northern Ireland government function;

(d)a secondary devolved function;

but this subsection is subject to subsection (6).

(6)Where functions are exercisable by a Minister of the Crown or government department in relation to a function of a non-departmental public authority, the function of the non-departmental public authority is not—

(a)a secondary devolved Scottish function;

(b)a secondary devolved Welsh function;

(c)a secondary devolved Northern Ireland function;

(d)a relevant ancillary function;

but this subsection is subject to subsection (7).

(7)Functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to functions of a non-departmental public authority merely because—

(a)the agreement of a Minister of the Crown or government department is required to the exercise of a function of the non-departmental public authority;

(b)a Minister of the Crown or government department must be consulted by the non-departmental public authority, or by a primary devolved authority, about the exercise of a function of the non-departmental public authority;

(c)a Minister of the Crown or government department may exercise functions falling within subsection (8) in relation to functions of the non-departmental public authority.

(8)The functions mentioned in subsection (7)(c) are—

(a)functions under section 2(2) of the European Communities Act 1972 (c. 68);

(b)functions by virtue of section 57(1) of the Scotland Act 1998 (c. 46) (Community obligations) or under section 58 of that Act (international obligations);

(c)functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) (international obligations and quotas for international obligations);

(d)functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, the Government of Wales Act 2006 (c. 32) (Community obligations) or under section 82 of that Act (international obligations etc);

(e)functions under section 152 of that Act (intervention in case of functions relating to water etc).

(9)In this section—

  • concurrent function” means a function exercisable concurrently with a Minister of the Crown or government department;

  • Counsel General” means the Counsel General to the Welsh Assembly Government;

  • devolved policy authority” means—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers;

    (c)

    the Department of the Environment in Northern Ireland;

  • First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

  • joint function” means a function exercisable jointly with a Minister of the Crown or government department;

  • non-departmental public authority” has the same meaning as in section 59;

  • “Northern Ireland Minister”—

    (a)

    has the same meaning as in the Northern Ireland Act 1998 (c. 47), but

    (b)

    includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

  • Northern Ireland non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;

  • primary devolved authority” means any of the following—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers, the First Minister or the Counsel General;

    (c)

    a Northern Ireland Minister or a Northern Ireland department;

  • Scottish non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;

  • Welsh non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

Monitoring and reportingE+W+S+N.I.

61Monitoring of, and periodical reporting on, implementationE+W+S+N.I.

(1)This section makes provision for and in connection with imposing the following duties on a marine plan authority—

(a)where it has prepared and adopted a marine plan, a duty to keep the matters specified in subsection (3) under review for so long as the marine plan is in effect (see subsections (2) and (3));

(b)in any such case, a duty to prepare and publish, and lay a copy of, a report on those matters at intervals of not more than 3 years (see subsections (4) to (9));

(c)in any case, a duty to prepare, and lay, at intervals of not more than 6 years ending before 1st January 2030, a report on—

(i)any marine plans it has prepared and adopted,

(ii)its intentions for their amendment, and

(iii)its intentions for the preparation and adoption of any further marine plans,

(see subsections (10) to (13)).

(2)For so long as a marine plan is in effect, the marine plan authority must keep under review each of the matters in subsection (3).

(3)The matters are—

(a)the effects of the policies in the marine plan;

(b)the effectiveness of those policies in securing that the objectives for which the marine plan was prepared and adopted are met;

(c)the progress being made towards securing those objectives;

(d)if an MPS governs marine planning for the marine plan authority's region, the progress being made towards securing that the objectives for which the MPS was prepared and adopted are met in that region.

(4)The marine plan authority must from time to time prepare and publish a report on the matters kept under review pursuant to subsection (2).

(5)Where the marine plan authority publishes a report under subsection (4), the authority must lay a copy of the report before the appropriate legislature.

(6)After publishing a report under subsection (4), the marine plan authority must decide whether or not to amend or replace the marine plan.

(7)The first report under subsection (4) must be published before the expiration of 3 years beginning with the date on which the marine plan was adopted.

(8)After the publication of the first report under subsection (4), successive reports under that subsection must be published at intervals of no more than 3 years following the date of publication of the previous report.

(9)Any reference in this section to the replacement of a marine plan is a reference to—

(a)preparing and adopting, in accordance with the provisions of this Part, a fresh marine plan (whether or not for the identical marine plan area), and

(b)if the marine plan authority has not already done so, withdrawing the marine plan that is to be replaced.

(10)Each marine plan authority must from time to time prepare and lay before the appropriate legislature a report which—

(a)identifies any marine plans which the authority has prepared and adopted;

(b)describes any intentions the authority may have for the amendment of any marine plans which it has prepared and adopted;

(c)describes any intentions the authority may have for the preparation and adoption of any further marine plans.

(11)The first report prepared under subsection (10) by each marine plan authority must be laid before the appropriate legislature before the expiration of the period of 6 years beginning with the date of the passing of this Act.

(12)After a marine plan authority has prepared and laid its first report under subsection (10), it must prepare and lay successive reports under that subsection at intervals of no more than 6 years following the laying of the previous report.

(13)No report under subsection (10) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030.

(14)For the purposes of this section, the “appropriate legislature” is—

(a)in the case of the Secretary of State, Parliament;

(b)in the case of the Scottish Ministers, the Scottish Parliament;

(c)in the case of the Welsh Ministers, the National Assembly for Wales;

(d)in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.

Chapter 5E+W+S+N.I.Miscellaneous and general provisions

Validity of documents under this PartE+W+S+N.I.

62Validity of marine policy statements and marine plansE+W+S+N.I.

(1)This section applies to—

(a)any MPS,

(b)any amendment of an MPS,

(c)any marine plan,

(d)any amendment of a marine plan.

(2)Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.

(3)A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.

(4)A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—

(a)that the document is not within the appropriate powers;

(b)that a procedural requirement has not been complied with.

(5)Any such application must be made not later than 6 weeks after the publication of the relevant document.

(6)In this section—

  • the appropriate court” means—

    (a)

    the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;

    (b)

    in any other case, any superior court in the United Kingdom;

  • the appropriate powers” means—

    (a)

    in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;

    (b)

    in the case of a marine plan or an amendment of a marine plan, the powers conferred by—

    (i)

    Chapter 2 of this Part, or

    (ii)

    section 55 (delegation);

  • procedural requirement” means any requirement—

    (a)

    under the appropriate powers, or

    (b)

    in directions under section 55 or 57,

    which relates to the preparation, adoption or publication of a relevant document;

  • superior court in the United Kingdom” means any of the following—

    (a)

    the High Court;

    (b)

    the Court of Session.

63Powers of the court on an application under section 62E+W+S+N.I.

(1)This section applies in any case where an application under section 62 is made to a court.

(2)The court may make an interim order suspending the operation of the relevant document—

(a)wholly or in part,

(b)generally or as it affects a particular area.

An interim order has effect until the proceedings are finally determined.

(3)Subsection (4) applies if the court is satisfied as to any of the following—

(a)that a relevant document is to any extent outside the appropriate powers;

(b)that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.

(4)The court may—

(a)quash the relevant document;

(b)remit the relevant document to a body or person with a function relating to its preparation, adoption or publication.

(5)If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.

(6)Directions under subsection (5) may in particular—

(a)require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;

(b)require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

(c)require action to be taken by a body or person with a function relating to the preparation, adoption or publication of the document (whether or not the body or person to whom the document is remitted);

(d)require action to be taken by one body or person to depend on what action has been taken by another body or person.

(7)The court's powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.

(8)Expressions used in this section and in section 62 have the same meaning in this section as they have in that section.

Interpretation and Crown applicationE+W+S+N.I.

64Interpretation and Crown application of this PartE+W+S+N.I.

(1)In this Part—

  • “adopted” is to be read—

    (a)

    in the case of an MPS, in accordance with section 44 and paragraph 12 of Schedule 5,

    (b)

    in the case of a marine plan, in accordance with section 51 and paragraph 15 of Schedule 6,

    and related expressions are to be construed accordingly;

  • marine plan” has the meaning given in section 51;

  • marine plan area” is to be read in accordance with section 51;

  • marine plan authority” is to be read in accordance with section 50;

  • marine planning region” is to be read in accordance with section 49;

  • policy authority” has the meaning given in section 44;

  • retained functions” has the meaning given in section 60.

(2)Any reference in this Part to an MPS governing marine planning for an area is to be construed in accordance with section 51(7).

(3)This Part binds the Crown.

Part 4 E+W+S+N.I.Marine licensing

Chapter 1E+W+S+N.I.Marine licences

Prospective

65Requirement for licenceE+W+S+N.I.

(1)No person may—

(a)carry on a licensable marine activity, or

(b)cause or permit any other person to carry on such an activity,

except in accordance with a marine licence granted by the appropriate licensing authority.

(2)Subsection (1) is subject to any provision made by or under sections 74 to 77 (exemptions).

66Licensable marine activitiesE+W+S+N.I.

(1)For the purposes of this Part, it is a licensable marine activity to do any of the following—

1.

To deposit any substance or object within the UK marine licensing area, either in the sea or on or under the sea bed, from—

(a)

any vehicle, vessel, aircraft or marine structure,

(b)

any container floating in the sea, or

(c)

any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.

2.

To deposit any substance or object anywhere in the sea or on or under the sea bed from—

(a)

a British vessel, British aircraft or British marine structure, or

(b)

a container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure.

3.

To deposit any substance or object anywhere in the sea or on or under the sea bed from a vehicle, vessel, aircraft, marine structure or floating container which was loaded with the substance or object—

(a)

in any part of the United Kingdom except Scotland, or

(b)

in the UK marine licensing area.

4.To scuttle any vessel or floating container in the UK marine licensing area.
5.To scuttle any vessel or floating container anywhere at sea, if the scuttling is controlled from a British vessel, British aircraft or British marine structure.
6.

To scuttle any vessel or floating container anywhere at sea, if the vessel or container has been towed or propelled, for the purpose of that scuttling,—

(a)

from any part of the United Kingdom except Scotland, or

(b)

from the UK marine licensing area, unless the towing or propelling began outside that area.

7.

To construct, alter or improve any works within the UK marine licensing area either—

(a)

in or over the sea, or

(b)

on or under the sea bed.

8.To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area.
9.To carry out any form of dredging within the UK marine licensing area (whether or not involving the removal of any material from the sea or sea bed).
10.To deposit or use any explosive substance or article within the UK marine licensing area either in the sea or on or under the sea bed.
11.To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the UK marine licensing area.
12.

To incinerate any substance or object anywhere at sea on—

(a)

a British vessel or British marine structure, or

(b)

a container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure.

13.To load a vehicle, vessel, aircraft, marine structure or floating container in any part of the United Kingdom except Scotland, or in the UK marine licensing area, with any substance or object for incineration anywhere at sea.

(2)In subsection (1)—

(a)in item 9, “dredging” includes using any device to move any material (whether or not suspended in water) from one part of the sea or sea bed to another part;

(b)in items 12 and 13, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11 and 12 “incinerate” is to be read accordingly).

(3)The appropriate licensing authority for any area may by order amend subsection (1) so as to add any activity to, or remove any activity from, the list of licensable marine activities as it has effect in that area.

(4)For the purposes of this Part “the UK marine licensing area” consists of the UK marine area, other than the Scottish inshore region.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 66 partly in force; s. 66 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

67ApplicationsE+W+S+N.I.

(1)The appropriate licensing authority may require an application for a marine licence—

(a)to be made in such form as the authority may determine;

(b)to be accompanied by a fee.

(2)The fee that may be charged under subsection (1)(b) is to be determined by, or in accordance with, regulations made by the appropriate licensing authority.

(3)A licensing authority may—

(a)determine different forms for different descriptions of applications;

(b)provide for different fees for different descriptions of applications.

(4)The appropriate licensing authority may require an applicant—

(a)to supply such information,

(b)to produce such articles, and

(c)to permit such investigations, examinations and tests,

as in the opinion of the authority may be necessary or expedient to enable it to determine the application.

(5)If the appropriate licensing authority carries out any investigation, examination or test (whether or not by virtue of subsection (4)(c)) which in its opinion is necessary or expedient to enable it to determine an application, the authority may require the applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.

(6)If an applicant fails to comply with a requirement made by the appropriate licensing authority under this section, the authority may—

(a)refuse to proceed with the application, or

(b)refuse to proceed with it until the failure is remedied.

Prospective

68Notice of applicationsE+W+S+N.I.

(1)Having received an application for a marine licence, the appropriate licensing authority must—

(a)publish notice of the application, or

(b)require the applicant to publish notice of it.

(2)Publication under subsection (1) must be in such manner as the authority thinks is best calculated to bring the application to the attention of any persons likely to be interested in it.

(3)If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection (1)).

(4)The appropriate licensing authority must not proceed with an application unless—

(a)notice has been published under subsection (1) (but see subsection (7)), and

(b)notice has been given under subsection (3) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection (8)).

(5)If the appropriate licensing authority—

(a)publishes notice of an application, in pursuance of subsection (1)(a), or

(b)gives notice of an application to a local authority, in pursuance of subsection (3),

the licensing authority may require the applicant to pay a fee towards the reasonable expenses of doing so.

(6)If an applicant fails to comply with a requirement made by the authority under subsection (5), the authority may—

(a)refuse to proceed with the application, or

(b)refuse to proceed with it until the failure is remedied.

(7)Subsection (1) does not apply in the case of any particular application if—

(a)the authority considers that notice of the application should not be published, or

(b)the Secretary of State certifies that in the opinion of the Secretary of State publication of notice of the application would be contrary to the interests of national security.

(8)Subsection (3) does not apply in the case of any particular application and any particular local authority if—

(a)the appropriate licensing authority considers that notice of the application should not be given to the local authority, or

(b)the Secretary of State certifies that in the opinion of the Secretary of State it would be contrary to the interests of national security to give notice of the application to the local authority.

(9)In this section “local authority” means—

(a)in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council;

(c)in relation to Northern Ireland, a district council.

69Determination of applicationsE+W+S+N.I.

(1)In determining an application for a marine licence (including the terms on which it is to be granted and what conditions, if any, are to be attached to it), the appropriate licensing authority must have regard to—

(a)the need to protect the environment,

(b)the need to protect human health,

(c)the need to prevent interference with legitimate uses of the sea,

and such other matters as the authority thinks relevant.

(2)In the case of an application for a licence to authorise such activities as are mentioned in item 7 in section 66(1), the appropriate licensing authority must have regard (among other things) to the effects of any use intended to be made of the works in question when constructed, altered or improved.

(3)The appropriate licensing authority must have regard to any representations which it receives from any person having an interest in the outcome of the application.

(4)A licensing authority may—

(a)from time to time consult any person or body it thinks fit as to the general manner in which the licensing authority proposes to exercise its powers in cases involving any matter in which that person or body has particular expertise;

(b)in relation to any particular application, consult any person or body which has particular expertise in any matter arising in relation to that application.

(5)If the appropriate licensing authority consults any person or body under subsection (4)(b), it must give the applicant the opportunity to make representations to the licensing authority about any observations made by the person or body.

(6)A licensing authority may by regulations make further provision as to the procedure to be followed in connection with—

(a)applications to it for marine licences, and

(b)the grant by it of such licences.

(7)The provision that may be made by virtue of subsection (6) includes (in particular) provision as to—

(a)the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated);

(b)notifying the applicant of any licensing determination.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9S. 69 partly in force; s. 69 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

70InquiriesE+W+S+N.I.

(1)The appropriate licensing authority may cause an inquiry to be held in connection with the determination of an application for a marine licence.

(2)Subsection (1) is subject to the following provisions of this section.

(3)Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) apply to any inquiry which the Secretary of State or the Welsh Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.

(4)Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply to any inquiry which the Scottish Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.

(5)Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to any inquiry which the Department of the Environment in Northern Ireland may cause to be held under subsection (1) as it applies to a local inquiry held under an enactment passed or made as mentioned in section 23 of that Act.

(6)Where—

(a)an inquiry is caused by a licensing authority to be held under subsection (1), and

(b)in the case of some other matter required or authorised to be the subject of an inquiry (“the other inquiry”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together,

the relevant authority or authorities may direct that the two inquiries be held concurrently or combined as one inquiry.

(7)In subsection (6) “the relevant authority or authorities” means the licensing authority or, where causing the other inquiry to be held is the function of some other person or body, the licensing authority and that other person or body acting jointly.

(8)If, in the case of any particular application, the Secretary of State certifies that it would in the opinion of the Secretary of State be contrary to the interests of national security—

(a)if an inquiry under subsection (1) were to be held, or

(b)if any members of the public, or any specified persons, were to be admitted to the inquiry or some specified part of it,

the inquiry is not to be held or, as the case may be, the public is not, or those persons are not, to be admitted to the inquiry or that part of it.

(9)In subsection (8) “specified” means—

(a)specified in the certificate, or

(b)of a description specified in the certificate.

Prospective

71LicencesE+W+S+N.I.

(1)The appropriate licensing authority, having considered an application for a marine licence, must—

(a)grant the licence unconditionally,

(b)grant the licence subject to such conditions as the authority thinks fit, or

(c)refuse the application.

(2)The conditions that may be attached to a licence under subsection (1)(b) may relate to—

(a)the activities authorised by the licence;

(b)precautions to be taken or works to be carried out (whether before, during or after the carrying out of the authorised activities) in connection with or in consequence of those activities.

(3)Those conditions include, in particular, conditions—

(a)that no activity authorised by the licence be carried out until the authority or some other specified person has given such further approval of the activity as may be specified;

(b)as to the provision, maintenance, testing or operation of equipment for measuring or recording specified matters relating to any activity authorised by the licence;

(c)as to the keeping of records or the making of returns or giving of other information to the authority;

(d)for the removal, at the end of a specified period, of any object or works to which the licence relates;

(e)for the carrying out, at the end of a specified period, of such works as may be specified for the remediation of the site or of any object or works to which the licence relates;

(f)that any activity authorised by the licence must take place at a specified site, whether or not in the UK marine licensing area.

(4)A licence may provide—

(a)that it is to expire unless the activity which it authorises is begun or completed within a specified period;

(b)that it is to remain in force indefinitely or for a specified period of time (which may be determined by reference to a specified event).

(5)A licence authorising such activities as are mentioned in item 7 in section 66(1) may provide that the conditions attached to it are to bind any other person who for the time being owns, occupies or enjoys any use of the works in question (whether or not the licence is transferred to that other person).

(6)A licensing authority must not grant a licence to carry on any activity which is contrary to international law.

(7)In this section “specified” means specified in the licence in question.

Prospective

72Variation, suspension, revocation and transferE+W+S+N.I.

(1)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that there has been a breach of any of its provisions.

(2)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that—

(a)in the course of the application for the licence, any person either supplied information to the authority that was false or misleading or failed to supply information, and

(b)if the correct information had been supplied the authority would have, or it is likely that the authority would have, refused the application or granted the licence in different terms.

(3)A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that the licence ought to be varied, suspended or revoked—

(a)because of a change in circumstances relating to the environment or human health;

(b)because of increased scientific knowledge relating to either of those matters;

(c)in the interests of safety of navigation;

(d)for any other reason that appears to the authority to be relevant.

(4)A suspension under subsection (1), (2) or (3) is for such period as the authority specifies in the notice of suspension.

(5)A licensing authority may by further notice extend the period of a suspension.

(6)But a licence may not by virtue of this section be suspended for a period exceeding 18 months.

(7)On an application made by a licensee, the licensing authority which granted the licence—

(a)may transfer the licence from the licensee to another person, and

(b)if it does so, must vary the licence accordingly.

(8)A licence may not be transferred except in accordance with subsection (7).

73Appeals against licensing decisionsE+W+S+N.I.

(1)The appropriate licensing authority must by regulations make provision for any person who applies for a marine licence to appeal against a decision under section 71.

(2)The regulations required by subsection (1) must come into force on the day on which this Part comes into force.

(3)Regulations under this section may include—

(a)provision as to the procedure to be followed with respect to an appeal;

(b)provision for or in connection with suspending or varying any condition subject to which the licence was granted, pending determination of the appeal;

(c)provision as to the powers of any person to whom the appeal is made;

(d)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10S. 73 partly in force; s. 73 in force for specified purposes at Royal Assent see s. 324(1)(c)

Chapter 2E+W+S+N.I.Exemptions and special cases

ExemptionsE+W+S+N.I.

74Exemptions specified by orderE+W+S+N.I.

(1)The appropriate licensing authority for an area may by order specify, as regards that area, activities—

(a)which are not to need a marine licence;

(b)which are not to need a marine licence if conditions specified in the order are satisfied.

(2)The conditions that may be specified in an order under this section include conditions enabling the authority to require a person to obtain the authority's approval before the person does anything for which a licence would be needed but for the order.

(3)Approval under subsection (2) may be—

(a)without conditions;

(b)subject to such conditions as the authority considers appropriate.

(4)In deciding whether to make an order under this section, the appropriate licensing authority must have regard to—

(a)the need to protect the environment,

(b)the need to protect human health,

(c)the need to prevent interference with legitimate uses of the sea,

and such other matters as the authority thinks relevant.

(5)A licensing authority must consult such persons as the authority considers appropriate as to any order the authority contemplates making under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11S. 74 partly in force; s. 74 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

75Exemptions for certain dredging etc activitiesE+W+S+N.I.

(1)A marine licence is not needed for a dredging or spoil disposal activity if the conditions in subsection (2) are met.

(2)The conditions are—

(a)that the activity is undertaken by or on behalf of a harbour authority, and

(b)that the activity is authorised by, and carried out in accordance with, any legislation falling within subsection (3).

(3)The legislation is—

(a)any local Act,

(b)any order under section 14 or 16 of the Harbours Act 1964 (c. 40),

(c)any order under section 1 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)), or

(d)section 10(3) of that Act.

(4)In this section—

  • dredging or spoil disposal activity” means—

    (a)

    any dredging operation, or

    (b)

    the deposit of any dredged materials that result from an exempt dredging operation;

  • exempt dredging operation” means a dredging operation for which a marine licence is not needed by virtue of this section.

Prospective

76Dredging in the Scottish zoneE+W+S+N.I.

(1)Nothing in this Part applies to anything done, in the exercise of a function falling within subsection (2), in relation to the extraction of minerals by dredging in the Scottish zone.

(2)The functions are—

(a)any function under Community law (within the meaning given by section 126(9) of the Scotland Act 1998 (c. 46));

(b)any of Her Majesty's prerogative and other executive functions which is exercisable on behalf of Her Majesty by the Scottish Ministers.

Prospective

77Oil and gas activities and carbon dioxide storageE+W+S+N.I.

(1)Nothing in this Part applies to any of the following—

(a)anything done in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 (c. 17) or section 2 of the Petroleum (Production) Act 1934 (c. 36) (licences to search for and get petroleum) is required;

(b)anything done for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(c)anything done for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998 (c. 17));

(d)anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 (c. 32) is required (gas unloading, storage and recovery, and carbon dioxide storage).

(2)For the purposes of subsection (1)(a) or (d), activities are to be regarded as activities for which a licence of the description in question is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.

(3)Subsection (1)(d) does not apply in relation to anything done in the course of carrying on an activity for which a licence under section 4 of the Energy Act 2008 is required in, under or over any area of sea—

(a)which is within the Welsh inshore region or the Northern Ireland inshore region, or

(b)which is within both the Scottish offshore region and a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).

(4)Subsection (1)(d) does not apply in relation to anything done in, under or over any area of sea within the Welsh inshore region or the Northern Ireland inshore region in the course of carrying on an activity for which a licence under section 18 of the Energy Act 2008 (c. 32) is required.

Special provisions in certain casesE+W+S+N.I.

78Special procedure for applications relating to harbour worksE+W+S+N.I.

(1)This section has effect in cases where—

(a)a person who proposes to carry on an activity must first make an application for a marine licence to carry on that activity (the “marine licence application”), and

(b)a related application for a harbour order (the “harbour order application”) is or has been made by the person, or the harbour order authority has reason to believe that it will be so made.

(2)A “related application for a harbour order” is an application for an order under section 14 or 16 of the Harbours Act in relation to—

(a)the activity for which the marine licence is required, or

(b)other works to be undertaken in connection with that activity.

(3)In any case where—

(a)both the marine licence application and the harbour order application have been made,

(b)the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

(c)the harbour order authority has given notice of that decision to the applicant,

the two applications are to be considered together.

(4)Subsection (5) applies in any case where—

(a)one of the applications has been received but not the other,

(b)the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

(c)the harbour order authority has given notice of that decision to the applicant.

(5)In any such case—

(a)the application that has been received is not to be considered until the other application has also been received,

(b)the two applications are to be considered together, and

(c)the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),

but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).

(6)The Secretary of State may by order do any of the following—

(a)make provision falling within subsection (7) for cases where subsection (3) applies;

(b)make provision falling within subsection (7) for cases where subsection (5) applies;

(c)make provision falling within subsection (7) or (8) for cases where the harbour order authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) comes to the conclusion that the marine licence application is not going to be made;

(d)make provision falling within subsection (7) or (8) for cases where the harbour order authority comes to the conclusion that the harbour order application is not going to be made.

(7)The provision that may be made by virtue of this subsection is—

(a)provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;

(b)provision that such procedural provisions of the Harbours Act as are so specified are to apply to that application instead;

(c)provision modifying the provisions of the Harbours Act in their application by virtue of paragraph (b).

(8)The provision that may be made by virtue of this subsection is provision modifying—

(a)such procedural provisions of this Part as are specified in the order, or

(b)such procedural provisions of the Harbours Act as are specified in the order.

(9)In this section—

  • the harbour order authority” means—

    (a)

    the Secretary of State, in any case where the harbour order application falls (or would fall) to be determined by the Secretary of State;

    (b)

    the Welsh Ministers, in any case where the harbour order application falls (or would fall) to be determined by the Welsh Ministers;

  • the Harbours Act” means the Harbours Act 1964 (c. 40);

  • the marine licence authority” means—

    (a)

    the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;

    (b)

    the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;

  • procedural provisions” means any provisions for or in connection with the procedure for determining an application.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12S. 78 partly in force; s. 78 in force for specified purposes at Royal Assent see s. 324(1)(c)

79Special procedure for applications relating to certain electricity worksE+W+S+N.I.

(1)This section has effect in cases where a person who proposes to carry on an activity must first make both—

(a)an application for a marine licence to carry on that activity (the “marine licence application”), and

(b)a related application for a generating station consent (the “generating station application”).

(2)A “related application for a generating station consent” is an application for a consent under section 36 of the Electricity Act (consent for construction etc of generating stations) in relation to—

(a)the activity for which the marine licence is required, or

(b)other works to be undertaken in connection with that activity.

(3)In any case where—

(a)both the marine licence application and the generating station application have been made,

(b)the generating station authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) that the two applications are to be considered together, and

(c)the generating station authority has given notice of that decision to the applicant,

the two applications are to be considered together.

(4)Subsection (5) applies in any case where—

(a)one of the applications has been received but not the other,

(b)the generating station authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) that the two applications are to be considered together, and

(c)the generating station authority has given notice of that decision to the applicant.

(5)In any such case—

(a)the application that has been received is not to be considered until the other application has also been received,

(b)the two applications are to be considered together, and

(c)the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),

but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).

(6)The Secretary of State may by order do any of the following—

(a)make provision falling within subsection (7) for cases where subsection (3) applies;

(b)make provision falling within subsection (7) for cases where subsection (5) applies;

(c)make provision falling within subsection (7) or (8) for cases where the generating station authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) comes to the conclusion that the marine licence application is not going to be made;

(d)make provision falling within subsection (7) or (8) for cases where the generating station authority comes to the conclusion that the generating station application is not going to be made.

(7)The provision that may be made by virtue of this subsection is—

(a)provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;

(b)provision that such procedural provisions of the Electricity Act as are so specified are to apply to that application instead;

(c)provision modifying the provisions of the Electricity Act in their application by virtue of paragraph (b).

(8)The provision that may be made by virtue of this subsection is provision modifying—

(a)such procedural provisions of this Part as are specified in the order, or

(b)such procedural provisions of the Electricity Act as are specified in the order.

(9)In this section—

  • the Electricity Act” means the Electricity Act 1989 (c. 29);

  • generating station authority” means—

    (a)

    the Secretary of State, in any case where the generating station application falls (or would fall) to be determined by the Secretary of State;

    (b)

    the Scottish Ministers, in any case where the generating station application falls (or would fall) to be determined by the Scottish Ministers;

  • the marine licence authority” means—

    (a)

    the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;

    (b)

    the Scottish Ministers, in any case where the marine licence application falls (or would fall) to be made to the Scottish Ministers;

    (c)

    the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;

  • procedural provisions” means any provisions for or in connection with the procedure for determining an application.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13S. 79 partly in force; s. 79 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

80Electronic communications apparatusE+W+S+N.I.

(1)A licensing authority must not grant a marine licence to carry on any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the Electronic Communications Code unless it is satisfied that adequate compensation arrangements have been made.

(2)For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

(a)who appear to that authority to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

(b)for any loss or damage sustained by those persons in consequence of the activity being carried on.

(3)In paragraph 11 of the Electronic Communications Code omit—

(a)sub-paragraphs (3) to (10);

(b)in sub-paragraph (11), the definition of “remedial works”.

(4)In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

Prospective

81Submarine cables on the continental shelfE+W+S+N.I.

(1)Nothing in this Part applies to anything done in the course of laying or maintaining an offshore stretch of exempt submarine cable.

(2)Where subsection (1) has effect in relation to part (but not the whole) of an exempt submarine cable—

(a)the appropriate licensing authority must grant any application made to it for a marine licence for the carrying on of a licensable marine activity in the course of laying any inshore stretch of the cable, and

(b)nothing in this Part applies to anything done in the course of maintaining any inshore stretch of the cable.

(3)A licensing authority has the same powers to attach conditions to a marine licence required to be granted by virtue of subsection (2) as it has in relation to a marine licence not required to be so granted.

(4)In the application of this section in relation to any cable—

  • inshore stretch” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;

  • offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.

(5)For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—

(a)the exploration of the UK sector of the continental shelf;

(b)the exploitation of the natural resources of that sector;

(c)the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom;

(d)the prevention, reduction or control of pollution from pipelines.

(6)In this section—

  • natural resources” means—

    (a)

    the mineral and other non-living resources of the sea bed and subsoil,together with

    (b)

    living organisms belonging to sedentary species;

  • living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either—

    (a)

    immobile on or under the sea bed, or

    (b)

    unable to move except in constant physical contact with the sea bed or the subsoil.

Prospective

82Structures in, over or under a main riverE+W+S+N.I.

(1)Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under a main river) is amended as follows.

(2)After subsection (6) insert—

(7)Subsections (1) to (3) above shall not apply to any work if—

(a)carrying out the work is a licensable marine activity,

(b)the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the provisions of those subsections may be dispensed with, and

(c)the Agency issues a notice to that effect to the applicant for the marine licence.

(8)In subsection (7) above “licensable marine activity” and “marine licence” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009..

Prospective

83Requirements for Admiralty consent under local legislationE+W+S+N.I.

(1)If, in the case of any particular work,—

(a)a marine licence is needed for the carrying out of the work,

(b)Admiralty consent for the carrying out of the work would also be required (apart from this subsection) by virtue of any local legislation, and

(c)the Secretary of State considers that, in view of the need for a marine licence, the requirement for Admiralty consent for the carrying out of the work may be dispensed with, and issues a notice to that effect,

the requirement for Admiralty consent does not apply in relation to that work.

(2)In subsection (1)—

  • Admiralty consent” means the consent of the Admiralty, whether alone or jointly with any other government department;

  • local legislation” means—

    (a)

    a local Act, or

    (b)

    any such Act and any notice given and published by the Admiralty under section 9 of the Harbours Transfer Act 1862 (c. 69).

Prospective

84Byelaws for flood defence and drainage purposesE+W+S+N.I.

(1)Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of the Environment Agency) is amended as follows.

(2)In paragraph 5 (byelaws for flood defence and drainage purposes) after sub-paragraph (3) insert—

(3A)If, in any particular case,—

(a)a marine licence is needed for the carrying on of any activity,

(b)before that activity may be carried on, the consent of the Agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and

(c)the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the Agency may be dispensed with, and issues a notice to that effect,

the requirement for the consent of the Agency does not apply in relation to the carrying on of that activity.

(3B)In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009..

Chapter 3E+W+S+N.I.Enforcement

OffencesE+W+S+N.I.

Prospective

85Breach of requirement for, or conditions of, a licenceE+W+S+N.I.

(1)A person who—

(a)contravenes section 65(1), or

(b)fails to comply with any condition of a marine licence,

commits an offence.

(2)A person who is bound by a condition of a licence by virtue of section 71(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection (3) are satisfied.

(3)The requirements are that—

(a)the appropriate licensing authority has served the person with a notice under this subsection which specifies the condition together with a period (which must be a reasonable period, in all the circumstances of the case) within which the person must comply with the condition, and

(b)the person has failed to comply with the condition within that period.

(4)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to a fine not exceeding £50,000;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Prospective

86Action taken in an emergencyE+W+S+N.I.

(1)It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—

(a)the activity was carried out for the purpose of securing the safety of a vessel, aircraft or marine structure, or for the purpose of saving life, and

(b)the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection (2).

(2)The matters are—

(a)the fact that the activity was carried out,

(b)the locality and circumstances in which it was carried out, and

(c)any substances or objects concerned.

(3)A person does not have the defence provided by subsection (1) if the court is satisfied that the activity was neither—

(a)necessary for any purpose mentioned in subsection (1)(a), nor

(b)a reasonable step to take in the circumstances.

(4)A person does not have the defence provided by subsection (1) if the court is satisfied that—

(a)the activity was necessary for one of those purposes, but

(b)the necessity was due to the fault of the person or of some other person acting under the person's direction or control.

Prospective

87Electronic communications: emergency worksE+W+S+N.I.

(1)It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—

(a)for the purposes of paragraph 23 of the Electronic Communications Code (undertaker's works), the person is the operator or a relevant undertaker, and

(b)the activity was carried out for the purpose of executing emergency works, within the meaning of that Code.

(2)In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

88Activity licensed by another StateE+W+S+N.I.

(1)It is a defence for a person charged with an offence under section 85(1) in relation to any activity to which subsection (2) applies to prove that subsections (3) and (4) are satisfied in respect of that activity.

(2)This subsection applies to any activity which—

(a)falls within item 2, 5 or 12 in section 66(1), and

(b)is carried on outside the UK marine licensing area.

(3)This subsection is satisfied if—

(a)in the case of an activity falling within item 2 in subsection (1) of section 66, the vessel, aircraft, marine structure or floating container (as the case may be) was loaded in a Convention State, or in the national or territorial waters of a Convention State, with the substances or objects deposited;

(b)in the case of an activity falling within item 5 in that subsection, the vessel scuttled was towed or propelled from a Convention State, or from the national or territorial waters of a Convention State, to the place where the scuttling was carried out;

(c)in the case of an activity falling within item 12 in that subsection, the vessel or marine structure on which the incineration took place was loaded in a Convention State or the national or territorial waters of a Convention State with the substances or objects incinerated.

(4)This subsection is satisfied if the activity was carried on—

(a)in pursuance of a licence issued by the responsible authority in the Convention State concerned, and

(b)in accordance with the provisions of that licence.

(5)For the purposes of this section—

  • Convention State” means a state which is a party to the London Convention, the London Protocol or the OSPAR Convention;

  • the London Convention” means the Convention on the Prevention of Maritime Pollution by Dumping of Wastes and Other Matter concluded at London in December 1972;

  • the London Protocol” means the Protocol to the London Convention agreed at London in November 1996;

  • the OSPAR Convention” means the Convention for the Protection of the Marine Environment of the North-East Atlantic concluded at Paris in September 1992.

(6)The references in subsection (5) to the London Convention, the London Protocol and the OSPAR Convention are to them as they have effect from time to time.

(7)The Secretary of State may by order amend subsections (5) and (6) in such manner as the Secretary of State considers appropriate for the purpose of giving effect to any international agreement which has been ratified by the United Kingdom and which alters the provisions of, or replaces, those Conventions or that Protocol.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14S. 88 partly in force; s. 88 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

89InformationE+W+S+N.I.

(1)A person who, for any of the purposes set out in subsection (2),—

(a)makes a statement which is false or misleading in a material particular, knowing the statement to be false or misleading,

(b)makes a statement which is false or misleading in a material particular, being reckless as to whether the statement is false or misleading, or

(c)intentionally fails to disclose any material particular,

commits an offence.

(2)The purposes are—

(a)the purpose of procuring the issue, variation or transfer of a licence, or

(b)the purpose of complying with, or purporting to comply with, any obligation imposed by the provisions of this Part or the provisions of a licence.

(3)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

Prospective

Enforcement noticesE+W+S+N.I.

90Compliance noticeE+W+S+N.I.

(1)If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a compliance notice to that person.

(2)A compliance notice is a notice requiring a person to take such steps (falling within subsection (5)(b)) as are specified in it.

(3)This subsection is satisfied if a person holding a marine licence—

(a)has carried on, or is carrying on, a licensable marine activity under that licence, and

(b)in carrying on that activity has failed, or is failing, to comply with a condition of the licence.

(4)This subsection is satisfied if the carrying on of the activity has not caused, and is not likely to cause, any of the following—

(a)serious harm to the environment;

(b)serious harm to human health;

(c)serious interference with legitimate uses of the sea.

(5)A compliance notice must—

(a)state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;

(b)require the person to take such steps as the authority considers appropriate to ensure that the condition in question is complied with;

(c)state the period before the end of which those steps must be taken.

91Remediation noticeE+W+S+N.I.

(1)If it appears to an enforcement authority that each of subsections (3) to (5) is satisfied in relation to a person carrying on an activity in its area, it may issue a remediation notice to that person.

(2)A remediation notice is a notice requiring a person to do either or both of the following—

(a)to take such steps (falling within subsection (7)(b)) as are specified in it;

(b)to pay to the enforcement authority such sums (falling within subsection (7)(c)) as are specified in it.

(3)This subsection is satisfied if a person has carried on, or is carrying on, a licensable marine activity.

(4)This subsection is satisfied if the carrying on of the activity has involved, or involves, the commission of an offence under section 85(1).

(5)This subsection is satisfied if the carrying on of the activity has caused, or is causing or is likely to cause, any of the following—

(a)harm to the environment;

(b)harm to human health;

(c)interference with legitimate uses of the sea.

(6)Before issuing a remediation notice, the enforcement authority must consult the person to whom it is proposed to be issued as to the steps or, as the case may be, the sum to be specified in the notice.

(7)A remediation notice—

(a)must state the enforcement authority's grounds for believing that each of subsections (3) to (5) is satisfied;

(b)may require the person to take such remedial or compensatory steps as the authority considers appropriate;

(c)may require the person to pay a sum representing the reasonable expenses of any remedial or compensatory steps taken, or to be taken, by the enforcement authority or the appropriate licensing authority (whether or not under section 106);

(d)must state the period before the end of which those steps must be taken or, as the case may be, that sum must be paid.

(8)In subsection (7)(b) and (c) “remedial or compensatory steps” means steps taken (or to be taken) for any one or more of the purposes mentioned in subsection (9) (whether or not the steps are to be taken at or near the place where the harm or interference mentioned in subsection (5) has been, is being, or is likely to be, caused or the activity in respect of which the notice is issued is or has been carried on).

(9)The purposes are—

(a)protecting the environment;

(b)protecting human health;

(c)preventing interference with legitimate uses of the sea;

(d)preventing or minimising, or remedying or mitigating the effects of, the harm or interference mentioned in subsection (5);

(e)restoring (whether in whole or in part) the condition of any place affected by that harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred;

(f)such purposes not falling within the preceding paragraphs as the enforcement authority considers appropriate in all the circumstances of the case.

92Further provision as to enforcement noticesE+W+S+N.I.

(1)A compliance notice or remediation notice—

(a)must be served on any person carrying on, or in control of, the activity to which the notice relates, and

(b)if a marine licence has been granted in relation to that activity, may also be served on the licensee.

(2)An enforcement authority may by a further notice—

(a)revoke a compliance notice or remediation notice;

(b)vary a compliance notice or remediation notice so as to extend the period specified in accordance with section 90(5)(c) or, as the case may be, section 91(7)(d).

(3)A person who fails to comply with—

(a)a compliance notice, or

(b)a remediation notice,

commits an offence.

(4)A person guilty of an offence under subsection (3) is liable—

(a)on summary conviction, to a fine not exceeding £50,000;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

(5)A sum specified in a remediation notice by virtue of section 91(7)(c) is recoverable as a civil debt.

Civil sanctionsE+W+S+N.I.

93Fixed monetary penaltiesE+W+S+N.I.

(1)The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a fixed monetary penalty.

(2)Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3)For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to the enforcement authority a penalty of a prescribed amount.

(4)The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for that offence.

(5)In this section “prescribed” means prescribed in an order made under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15S. 93 partly in force; s. 93 in force for specified purposes at Royal Assent see s. 324(1)(c)

94Fixed monetary penalties: procedureE+W+S+N.I.

(1)Provision under section 93 must secure the results in subsection (2).

(2)Those results are that—

(a)where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b)the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),

(c)if the person does not so discharge liability—

(i)the person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty, and

(ii)the enforcement authority must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d)where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

(e)the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(3)To comply with this subsection the notice of intent must include information as to—

(a)the grounds for the proposal to impose the fixed monetary penalty,

(b)the effect of payment of the sum referred to in subsection (2)(b),

(c)the right to make representations and objections,

(d)the circumstances in which the enforcement authority may not impose the fixed monetary penalty,

(e)the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and

(f)the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.

(4)Provision pursuant to subsection (2)(c)(ii)—

(a)must secure that the enforcement authority may not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b)may include provision for other circumstances in which the enforcement authority may not decide to impose a fixed monetary penalty.

(5)To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(6)Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(7)In this section “prescribed” means prescribed in an order made under section 93.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16S. 94 partly in force; s. 94 in force for specified purposes at Royal Assent see s. 324(1)(c)

95Variable monetary penaltiesE+W+S+N.I.

(1)The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a variable monetary penalty.

(2)Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3)For the purposes of this Part a “variable monetary penalty” is a penalty of such amount as the enforcement authority may in each case determine.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17S. 95 partly in force; s. 95 in force for specified purposes at Royal Assent see s. 324(1)(c)

96Variable monetary penalties: procedureE+W+S+N.I.

(1)Provision under section 95 must secure the results in subsection (2).

(2)Those results are that—

(a)where the enforcement authority proposes to impose a variable monetary penalty on a person, the enforcement authority must serve on that person a notice (a “notice of intent”) which complies with subsection (3),

(b)that person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the penalty,

(c)after the end of the period for making such representations and objections, the enforcement authority must decide whether to impose a penalty and, if so, the amount of the penalty,

(d)where the enforcement authority decides to impose a penalty, the notice imposing it (the “final notice”) complies with subsection (6), and

(e)the person on whom a penalty is imposed may appeal against the decision as to the imposition or amount of the penalty.

(3)To comply with this subsection the notice of intent must include information as to—

(a)the grounds for the proposal to impose the penalty,

(b)the right to make representations and objections,

(c)the circumstances in which the enforcement authority may not impose the penalty, and

(d)the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

(4)Provision pursuant to subsection (2)(c)—

(a)must secure that the enforcement authority may not decide to impose a penalty on a person where the enforcement authority is satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b)may include provision for other circumstances in which the enforcement authority may not decide to impose a penalty.

(5)Provision under subsection (2)(c) must also include provision for—

(a)the person on whom the notice of intent is served to be able to offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any person affected by the offence,

(b)the enforcement authority to be able to accept or reject such an undertaking, and

(c)the enforcement authority to take any undertaking so accepted into account in its decision.

(6)To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(7)Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the amount of the penalty is unreasonable;

(d)that the decision was unreasonable for any other reason.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18S. 96 partly in force; s. 96 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

97Further provision about civil sanctionsE+W+S+N.I.

Schedule 7 (which makes further provision about civil sanctions) has effect.

Chapter 4E+W+S+N.I.Delegation

98Delegation of functions relating to marine licensingE+W+S+N.I.

(1)The appropriate licensing authority for an area may make an order which—

(a)designates any of the delegable marine licensing functions which would (apart from any order under this section) be exercisable by or in relation to that authority or an enforcement authority for that area, and

(b)provides that those functions, instead of being so exercisable, are to be exercisable by or in relation to such person, acting on behalf of the licensing authority or (as the case may be) the enforcement authority, as is designated in the order.

(2)The power to make an order under this section includes power to make provision in the order conferring on the person designated (“the delegate”), so far as acting on behalf of an enforcement authority, any power which the appropriate licensing authority may confer on an enforcement authority by an order under section 93 or 95 (fixed or variable monetary penalties).

(3)An authority which makes an order under this section may do so only with the consent of the delegate.

(4)The delegate—

(a)must comply with the order, and

(b)is to be taken to have all the powers necessary to do so.

(5)In this section “delegable marine licensing functions” means—

(a)functions of a licensing authority under this Part, other than excepted functions;

(b)functions of an enforcement authority under this Part.

(6)The excepted functions are functions under—

(a)section 66(3) (altering the list of licensable marine activities);

(b)section 67(2) (making regulations regarding the fee for an application);

(c)section 69(6) (making regulations as to the procedure for applications);

(d)section 73 (making regulations regarding appeals against licensing decisions under section 71);

(e)section 74(1) and (5) (making orders specifying activities which do not require a marine licence and consulting in relation to such orders);

(f)sections 93 and 95 (making orders conferring powers to impose civil sanctions);

(g)this section and section 100;

(h)section 101(3) (making regulations regarding the register);

(i)section 108 (making regulations regarding appeals against certain notices).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19S. 98 partly in force; s. 98 in force for specified purposes at Royal Assent see s. 324(1)(c)

99Orders under section 98: supplementary provisionsE+W+S+N.I.

(1)For so long as an order made under section 98 remains in force, the designated functions are exercisable by or in relation to the delegate acting on behalf of the licensing authority or, as the case may be, the enforcement authority (and are not exercisable by or in relation to the authority).

(2)Subsection (1) is subject to any provision to the contrary which is included in the order.

(3)An order under section 98 may include—

(a)such terms or conditions,

(b)such obligations or requirements,

(c)such financial provisions,

as the authority making the order may determine.

(4)The provision that may be made under subsection (3) includes, in particular, provision (where appropriate) as to—

(a)the manner in which the delegate is to exercise any of the functions;

(b)the form and manner in which licence applications must be made to the delegate;

(c)the persons to whom notice of an application should be published under section 68, and the circumstances in which such notice should not be published;

(d)matters (in addition to those set out in section 69) to which the delegate must have regard in determining licence applications;

(e)the circumstances in which the delegate must exercise the power to consult under section 69(4), and the persons who must or may be consulted;

(f)the form and content of any licence granted;

(g)appeals from any decision of the delegate (whether to the licensing authority or any other person);

(h)any other provision that may be made by virtue of section 69(6).

(5)An order under section 98 may make different provision for different cases, different areas or different persons.

(6)Where an order has been made under section 98 that a person other than the appropriate licensing authority is to grant licences—

(a)that other person may (in accordance with subsections (1) to (3) and (7) of section 72) vary, suspend, revoke or transfer a licence granted before the making of the order, and

(b)any reference in those subsections to a licence granted by a licensing authority includes a reference to a licence granted by that other person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20S. 99 partly in force; s. 99 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

100Directions to persons as regards performance of delegated functionsE+W+S+N.I.

(1)This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 98 by a licensing authority.

(2)The authority may from time to time give directions to the person with respect to the performance of the functions.

(3)A person to whom directions are given under this section must comply with the directions.

(4)An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.

Chapter 5E+W+S+N.I.Supplementary

RegisterE+W+S+N.I.

101RegisterE+W+S+N.I.

(1)Each licensing authority must maintain, as respects activities in relation to which it is the appropriate licensing authority and licences for those activities, a register of licensing information.

(2)The register must contain prescribed particulars of or relating to—

(a)applications for licences;

(b)licences granted;

(c)variations of licences;

(d)revocations of licences;

(e)information supplied in connection with any licence in pursuance of any provision of this Part;

(f)convictions for any offence under this Part;

(g)any other action taken to enforce any provision of this Part;

(h)occasions on which any remedial action has been taken;

(i)such other matters relating to licences or the licensable marine activities as may be prescribed.

(3)The register must be maintained in accordance with regulations made by the appropriate licensing authority.

(4)Each licensing authority must make arrangements—

(a)for its register to be available for inspection at all reasonable times by members of the public free of charge;

(b)for copies of entries in its register to be supplied, on request, to members of the public on payment of a reasonable charge.

(5)Information must not appear in the register if—

(a)the Secretary of State determines that its disclosure in the register would be contrary to the interests of national security, or

(b)the appropriate licensing authority determines that its disclosure in the register would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate commercial interest.

(6)The appropriate licensing authority must review a determination to exclude information under subsection (5)(b) every four years.

(7)On a review under subsection (6) the authority must include the information in the register unless, on the application of any person to whom the information relates, the authority determines that it should continue to be excluded.

(8)Where information of any description is excluded from a register by virtue of subsection (5)(b), a statement must be entered in the register indicating the existence of information of that description.

(9)In this section “prescribed” means prescribed in regulations made under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21S. 101 partly in force; s. 101 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

Stop notices and emergency safety noticesE+W+S+N.I.

102Notice to stop activity causing serious harm etcE+W+S+N.I.

(1)If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.

(2)A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.

(3)This subsection is satisfied if a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence).

(4)This subsection is satisfied if the carrying on of the activity to be specified in the notice—

(a)is causing, or is likely to cause, any of the effects in subsection (5), or

(b)is creating, or is likely to create, an imminent risk of any of those effects.

(5)The effects are—

(a)serious harm to the environment;

(b)serious harm to human health;

(c)serious interference with legitimate uses of the sea.

(6)A stop notice (in addition to specifying the activity to which it relates)—

(a)must state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;

(b)must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case);

(c)may require the person to take such steps as the authority considers appropriate to ensure that the cessation of the activity takes place safely.

(7)Except in a case falling within subsection (9), a stop notice—

(a)ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but

(b)may be renewed for a period specified in a further notice.

(8)A stop notice may be renewed more than once under subsection (7)(b), but not so that it has effect for an aggregate period exceeding 35 days.

(9)If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising that activity, the stop notice may remain in force until such time (if any) as such a licence is granted to that person.

103Further provision as to stop noticesE+W+S+N.I.

(1)Any stop notice issued by an enforcement authority—

(a)must be served on any person carrying on, or in control of, the activity to which the notice relates, and

(b)if a marine licence has been granted in relation to that activity, may also be served on the licensee.

(2)An enforcement authority may by a further notice—

(a)revoke a stop notice;

(b)vary a stop notice so as to substitute a later date for the date specified in accordance with section 102(6)(b).

(3)A person who fails to comply with a stop notice commits an offence.

(4)A person guilty of an offence under subsection (3) is liable—

(a)on summary conviction, to a fine not exceeding £50,000;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

104Emergency safety noticesE+W+S+N.I.

(1)This section applies if it appears to an enforcement authority that serious interference with legitimate uses of the sea is occurring, or is likely to occur, in its area as a result of—

(a)any works for the carrying out of which a marine licence is or was needed, or

(b)any substantial and unforeseen change in the state or position of any such works.

(2)The enforcement authority may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.

(3)By issuing an emergency safety notice to a person, the enforcement authority imposes on that person such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (4).

(4)Those matters are—

(a)the provision of lights, signals or other aids to navigation;

(b)the stationing of guard ships.

(5)An emergency safety notice (in addition to specifying the requirements which it imposes)—

(a)must state the enforcement authority's grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,

(b)must state the date and time from which the requirements are to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case), and

(c)may require the person to take such steps as the authority considers appropriate to ensure that compliance with the requirements takes place safely.

105Further provision as to emergency safety noticesE+W+S+N.I.

(1)An emergency safety notice issued by an enforcement authority must be served on each of the following—

(a)if a marine licence has been granted authorising the carrying out of the works, the licensee,

(b)if there is in effect a stop notice which relates to the works, any person on whom the stop notice was served.

(2)An enforcement authority may by a further notice—

(a)revoke an emergency safety notice;

(b)vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104(5)(b).

(3)A person who fails to comply with an emergency safety notice commits an offence.

(4)A person guilty of an offence under subsection (3) is liable—

(a)on summary conviction, to a fine not exceeding £50,000;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Prospective

Other powersE+W+S+N.I.

106Power to take remedial actionE+W+S+N.I.

(1)This section applies if it appears to the appropriate licensing authority for an area that a licensable marine activity has been carried on in its area otherwise than under a licence and in accordance with its conditions.

(2)The authority may carry out any works that appear to it to be necessary or expedient for any one or more of the following purposes—

(a)protecting the environment;

(b)protecting human health;

(c)preventing interference with legitimate uses of the sea;

(d)preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection (3);

(e)restoring (whether in whole or in part) the condition of any place affected by any such harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred.

(3)The harm or interference mentioned in subsection (2)(d) and (e) is any of the following which has been, is being, or is likely to be, caused by the carrying on of the licensable marine activity—

(a)harm to the environment;

(b)harm to human health;

(c)interference with legitimate uses of the sea.

107Power to test, and charge for testing, certain substancesE+W+S+N.I.

(1)A licensing authority may, at the request of any person, conduct tests for the purpose of ascertaining the probable effect on the marine environment of using any of the following substances—

(a)any marine chemical treatment substance;

(b)any marine oil treatment substance;

(c)any marine surface fouling cleaner.

(2)In this section—

  • marine chemical treatment substance” means any substance used or intended to be used for treating chemicals—

    (a)

    on the surface of the sea or of the sea bed;

    (b)

    in the case of a wash-off substance, on any surface of a marine structure;

  • marine oil treatment substance” means any substance used or intended to be used for treating oil on the surface of the sea;

  • marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter—

    (a)

    from the surface of the sea or of the sea bed;

    (b)

    in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;

  • surface fouling matter” means any fouling, and includes, in particular,—

    (a)

    any algae;

    (b)

    any surface oil or chemical residue;

  • surface oil or chemical residue” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);

  • wash-off substance”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)—

    (a)

    be removed from that surface, and

    (b)

    be deposited in the sea,

    whether by natural processes, or by treatment, or in any other way.

(3)A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection (1) from any person at whose request those tests were conducted.

Appeals against notices under this PartE+W+S+N.I.

108Appeals against noticesE+W+S+N.I.

(1)The appropriate licensing authority must by regulations make provision for any person to whom a notice is issued under section 72, 90, 91, 102 or 104 to appeal against that notice.

(2)The regulations required by subsection (1) must come into force on the day on which this Part comes into force.

(3)Regulations under this section may include—

(a)provision as to the procedure to be followed with respect to an appeal;

(b)provision suspending the notice pending determination of the appeal;

(c)provision as to the powers of any person to whom the appeal is made;

(d)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22S. 108 partly in force; s. 108 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

Offences: supplementary provisionE+W+S+N.I.

109General defence of due diligenceE+W+S+N.I.

(1)In any proceedings for an offence under this Part, it is a defence for the person charged (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2)The defence provided by subsection (1) is to be taken to be established if the defendant—

(a)acted under an employer's instructions,

(b)did not know and had no reason to suppose that the acts done constituted a contravention of the provision in question, and

(c)took all such steps as reasonably could be taken to ensure that no offence would be committed.

(3)The defence provided by subsection (1) is to be taken to be established if the defendant—

(a)acted in reliance on information supplied by another person,

(b)did not know and had no reason to suppose that the information was false or misleading, and

(c)took all such steps as reasonably could be taken to ensure that no offence would be committed.

(4)Subsections (2) and (3) do not affect the generality of subsection (1).

(5)If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to—

(a)an act or default of another person (other than the giving of instructions to the defendant by an employer), or

(b)reliance on information supplied by another person,

the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection (6) is satisfied.

(6)The requirement is that—

(a)at least seven clear days before the hearing, and

(b)if the defendant has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance,

the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.

110Offences: jurisdictionE+W+S+N.I.

Proceedings for an offence under this Part may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Prospective

Application to the CrownE+W+S+N.I.

111Application to the CrownE+W+S+N.I.

(1)The provisions of this Part bind the Crown.

This is subject to the following provisions of this section.

(2)No contravention by the Crown of any provision of this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate licensing authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)Despite subsection (2), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

(4)The Secretary of State may certify that it appears to the Secretary of State that, as respects—

(a)any Crown land specified in the certificate, and

(b)any powers of entry so specified which are exercisable in relation to that land,

it is necessary or expedient that, in the interests of national security, the powers should not be exercisable in relation to the land.

(5)If the Secretary of State issues a certificate under subsection (4), the powers specified in the certificate are not exercisable in relation to the land so specified.

(6)For the purposes of subsection (4) “Crown land” means land held or used by or on behalf of the Crown.

(7)Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall.

Prospective

Consequential and transitional provisionE+W+S+N.I.

112Amendments and transitional provisionE+W+S+N.I.

(1)Schedule 8 (which makes minor and consequential amendments) has effect.

(2)Schedule 9 (which makes transitional provision) has effect.

InterpretationE+W+S+N.I.

113The appropriate licensing authorityE+W+S+N.I.

(1)This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).

(2)In relation to the Scottish offshore region, the appropriate licensing authority is—

(a)the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);

(b)except as provided by paragraph (a), the Scottish Ministers.

(3)The activities are—

(a)any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));

(b)any activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);

(c)any activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (c. 21) (pollution etc).

(4)In relation to Wales and the Welsh inshore region, the appropriate licensing authority is—

(a)the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);

(b)except as provided by paragraph (a), the Welsh Ministers.

(5)The activities are—

(a)any activity concerning or arising from the exploration for, or production of, petroleum (but see also section 77 (this Part not to apply to certain oil and gas etc activities));

(b)any defence activity other than an excepted activity.

Subsection (9) supplements this subsection.

(6)In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—

(a)the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);

(b)except as provided by paragraph (a), the Department of the Environment in Northern Ireland.

(7)The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).

(8)In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.

(9)In subsection (5)—

  • defence activity” means any activity relating to—

    (a)

    the defence of the realm;

    (b)

    the naval, military or air forces of the Crown, including reserve forces;

    (c)

    visiting forces;

    (d)

    international headquarters and defence organisations;

    (e)

    trading with the enemy and enemy property;

  • excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—

    (a)

    any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or

    (b)

    any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;

  • petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23S. 113 partly in force; s. 113 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

114Meaning of “enforcement authority”E+W+S+N.I.

(1)This section has effect for determining who is an enforcement authority for any area.

(2)For the purposes of sections 90 to 97 and 102 to 105 (and any other provisions of this Part so far as relating to those sections) the appropriate licensing authority for any area is an enforcement authority for that area.

(3)For the purposes of sections 90, 92 (so far as relating to section 90) and 102 to 105 (and any other provisions of this Part (except sections 91 and 93 to 97) so far as relating to those sections) each of the following persons is also an enforcement authority—

(a)in relation to the relevant enforcement area (within the meaning of section 236), any marine enforcement officer (as defined in section 235);

(b)in relation to the relevant enforcement area (within the meaning of section 240), any person appointed under section 240;

(c)in relation to the relevant enforcement area (within the meaning of section 241), any person appointed under section 241;

(d)in relation to the Scottish offshore region, any person appointed under section 242.

(4)A person is an enforcement authority by virtue of subsection (3) (so far as relating to the sections specified in that subsection) only to the extent that the person may exercise powers for the purposes of enforcing this Part.

115Interpretation of this PartE+W+S+N.I.

(1)In this Part—

  • “appropriate enforcement authority”, in the case of any area and any provision of this Part, means any authority which is an enforcement authority for that area for the purposes of that provision;

  • the appropriate licensing authority” has the meaning given by section 113;

  • British aircraft” means an aircraft registered in the United Kingdom;

  • British marine structure” means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;

  • British vessel” means a vessel—

    (a)

    which is registered in the United Kingdom,

    (b)

    which falls within section 1(1)(d) of the Merchant Shipping Act 1995 (c. 21) (small ships), or

    (c)

    which is exempt from registration under section 294 of that Act;

  • compliance notice” means a notice issued under section 90;

  • emergency safety notice” means a notice issued under section 104;

  • enforcement authority” has the meaning given by section 114;

  • fixed monetary penalty” has the meaning given by section 93(3);

  • licensable marine activity” is to be read in accordance with section 66;

  • licensing authority” means—

    (a)

    the Secretary of State;

    (b)

    the Welsh Ministers;

    (c)

    the Scottish Ministers;

    (d)

    the Department of the Environment in Northern Ireland;

  • marine licence” means a licence granted under this Part;

  • marine structure” means a platform or other artificial structure at sea, other than a pipeline;

  • remediation notice” means a notice issued under section 91;

  • stop notice” means a notice issued under section 102;

  • the UK marine licensing area” has the meaning given by section 66(4);

  • variable monetary penalty” has the meaning given by section 95(3);

  • vessel” includes—

    (a)

    hovercraft, and

    (b)

    any other craft capable of travelling on, in or under water, whether or not self-propelled.

(2)In this Part any reference to the environment includes a reference to any site (including any site comprising, or comprising the remains of, any vessel, aircraft or marine structure) which is of historic or archaeological interest.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24S. 115 partly in force; s. 115 in force for specified purposes at Royal Assent see s. 324(1)(c)

Part 5 E+W+S+N.I.Nature conservation

Chapter 1E+W+S+N.I.Marine conservation zones

Designation of zonesE+W+S+N.I.

116Marine conservation zonesE+W+S+N.I.

(1)The appropriate authority may by order designate any area falling within subsection (2) as a marine conservation zone (an “MCZ”).

Section 117 sets out the grounds on which such an order may be made.

(2)An area falls within this subsection if—

(a)it is an area of the sea within the seaward limits of the territorial sea adjacent to the United Kingdom;

(b)it is an area of the sea within the limits of the exclusive economic zone;

(c)it is an area of the sea bed or subsoil within the limits of the UK sector of the continental shelf (so far as not falling within an area mentioned in paragraph (b)).

(3)But an area does not fall within subsection (2) if it is in—

(a)the Scottish inshore region, or

(b)the Northern Ireland inshore region.

(4)Section 118 makes further provision as to the areas that may be included in an MCZ.

(5)For the purposes of this Chapter the appropriate authority is—

(a)in relation to an area in Wales, the Welsh Ministers;

(b)in relation to an area in the Scottish offshore region, the Scottish Ministers;

(c)in any other case, the Secretary of State.

(6)The Scottish Ministers may not designate any area as an MCZ without the agreement of the Secretary of State.

(7)An MCZ designated by the Scottish Ministers under this section is to be known as a marine protected area.

Any reference in this Act to an MCZ is, in relation to an MCZ designated by the Scottish Ministers, to be read as a reference to a marine protected area.

(8)Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (2)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25S. 116 partly in force; s. 116 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 116 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

117Grounds for designation of MCZsE+W+S+N.I.

(1)The appropriate authority may make an order under section 116 if it thinks that it is desirable to do so for the purpose of conserving—

(a)marine flora or fauna;

(b)marine habitats or types of marine habitat;

(c)features of geological or geomorphological interest.

(2)The order must state—

(a)the protected feature or features;

(b)the conservation objectives for the MCZ.

(3)Any reference in this Chapter to the conservation objectives stated for an MCZ is a reference to the conservation objectives stated for the MCZ under subsection (2)(b).

(4)The reference in subsection (1)(a) to conserving marine flora or fauna includes, in particular, a reference to conserving any species that is rare or threatened because of—

(a)the limited number of individuals of that species, or

(b)the limited number of locations in which that species is present.

(5)The references in subsection (1)(a) and (b) to conserving marine flora or fauna or habitat include references to conserving the diversity of such flora, fauna or habitat, whether or not any or all of them are rare or threatened.

(6)Any reference to conserving a thing includes references to—

(a)assisting in its conservation;

(b)enabling or facilitating its recovery or increase.

(7)In considering whether it is desirable to designate an area as an MCZ, the appropriate authority may have regard to any economic or social consequences of doing so.

(8)The reference in subsection (7) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26S. 117 partly in force; s. 117 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 117 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

118Further provision as to orders designating MCZsE+W+S+N.I.

(1)An order under section 116 must identify the boundaries of the area designated.

(2)The boundary of an MCZ may be determined by, or by reference to, mean high water spring tide.

(3)Any reference in subsection (2)(a) or (b) of section 116 to an area of sea includes a reference to any island in the sea, whether or not any part of it lies above mean high water spring tide.

(4)If an MCZ includes an area falling within subsection (2)(a) of section 116 (“area A”), it may also include an area of the seashore lying above mean high water spring tide (“area B”) if—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (5) is satisfied.

(5)The conditions are—

(a)that the protected feature or features leading to the designation of area A is or are also present in area B;

(b)that area A is designated for the purpose of conserving marine flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c)that, without the inclusion of area B, the identification of the boundary of the MCZ (either in the order designating the area or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(6)An order under section 116—

(a)must designate an area of land (whether or not that land is covered by water), and

(b)in the case of an area falling within subsection (2)(a) or (b) of that section, may designate some or all of the water covering that land.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27S. 118 partly in force; s. 118 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 118 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

119Consultation before designationE+W+S+N.I.

(1)Before making an order under section 116, the appropriate authority must comply with subsections (2) to (9) of this section.

This is subject to subsection (11).

(2)The appropriate authority must publish notice of its proposal to make the order.

(3)The notice under subsection (2) must—

(a)be published in such manner as the appropriate authority thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;

(b)contain a statement of the terms of the proposed order.

(4)The appropriate authority must consult any persons who the appropriate authority thinks are likely to be interested in, or affected by, the making of the order.

(5)Where the appropriate authority is not the Secretary of State, the authority must consult the Secretary of State.

(6)If the appropriate authority for an area other than Wales considers that—

(a)the making of the order may affect any activity which is or may be carried on in the Welsh zone, or

(b)any activity which is or may be carried on in the Welsh zone may affect any part of the proposed MCZ,

the authority must consult the Welsh Ministers.

(7)If the appropriate authority for an area other than the Scottish offshore region considers that—

(a)the making of the order may affect any activity which is or may be carried on in the Scottish zone, or

(b)any activity which is or may be carried on in the Scottish zone may affect any part of the proposed MCZ,

the authority must consult the Scottish Ministers.

(8)If the appropriate authority considers that—

(a)the making of the order may affect any activity which is or may be carried on in the Northern Ireland zone, or

(b)any activity which is or may be carried on in the Northern Ireland zone may affect any part of the proposed MCZ,

the authority must consult the Department of the Environment in Northern Ireland.

(9)The Secretary of State must consult—

(a)the Welsh Ministers, if any part of the proposed MCZ lies in the Welsh offshore region;

(b)the Department of the Environment in Northern Ireland, if any part of the proposed MCZ lies in the Northern Ireland zone.

(10)If the appropriate authority fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection (2), then anything done by the appropriate authority for the purposes of complying with subsections (2) to (9) of this section is, for those purposes, to be treated as not having been done.

(11)In a case where the appropriate authority thinks that there is an urgent need to protect the area proposed to be designated, the authority need not comply with subsections (2) to (4).

(12)In such a case, the order designating the area as an MCZ remains in force for a period not exceeding two years, unless the appropriate authority makes a further order before the end of that period confirming the designation.

Before making such an order, the appropriate authority must comply with subsections (2) to (9) (and subsection (10) applies accordingly).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28S. 119 partly in force; s. 119 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

120Publication of orders designating MCZsE+W+S+N.I.

(1)This section applies where an order has been made under section 116.

(2)The appropriate authority must publish notice of the making of the order.

(3)The notice under subsection (2) must—

(a)be published in such manner as the appropriate authority thinks is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b)give an address at which a copy of the order may be inspected.

(4)The appropriate authority must—

(a)make a copy of the order available for inspection at the address specified under subsection (3)(b) at all reasonable hours without payment;

(b)provide a copy of the order to any person who requests one.

(5)The appropriate authority may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29S. 120 partly in force; s. 120 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

121Hearings by appropriate authorityE+W+S+N.I.

(1)This section applies where the appropriate authority has the function of deciding whether to make an order under section 116 designating an area as an MCZ.

(2)The authority may, before making that decision, give to any person the opportunity of—

(a)appearing before and being heard by a person appointed for that purpose;

(b)providing written representations to such a person.

(3)The authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (2).

(4)A person appointed under subsection (2) must make a report to the authority of any oral or written representations made under that subsection.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30S. 121 partly in force; s. 121 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 121 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

122Amendment, revocation and review of orders designating MCZsE+W+S+N.I.

(1)An order under section 116 may be amended or revoked by a further order.

(2)The appropriate authority for an area must review any order it has made under section 116 if the authority receives representations from—

(a)the appropriate authority for another area, or

(b)the Department of the Environment in Northern Ireland,

that the order should be amended or revoked.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31S. 122 partly in force; s. 122 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 122 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Duties relating to networkE+W+S+N.I.

123Creation of network of conservation sitesE+W+S+N.I.

(1)In order to contribute to the achievement of the objective in subsection (2), the appropriate authority must designate MCZs under section 116.

(2)The objective is that the MCZs designated by the appropriate authority, taken together with any other MCZs designated under section 116 and any relevant conservation sites in the UK marine area, form a network which satisfies the conditions in subsection (3).

(3)The conditions are—

(a)that the network contributes to the conservation or improvement of the marine environment in the UK marine area;

(b)that the features which are protected by the sites comprised in the network represent the range of features present in the UK marine area;

(c)that the designation of sites comprised in the network reflects the fact that the conservation of a feature may require the designation of more than one site.

(4)For the purposes of subsection (2), the following are “relevant conservation sites”—

(a)any European marine site;

(b)the whole or part of any SSSI;

(c)the whole or part of any Ramsar site.

(5)When complying with the duty imposed by subsection (1), the appropriate authority must have regard to any obligations under EU or international law that relate to the conservation or improvement of the marine environment.

(6)Before the end of the period of 2 months beginning with the date on which this section comes into force, the appropriate authority must—

(a)prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the authority intends to follow when complying with the duty imposed by subsection (1), and

(b)lay a copy of the statement before the appropriate legislature.

(7)A statement prepared by the appropriate authority under this section may also set out other matters relating to the achievement of that objective which the authority intends to take into account when complying with the duty imposed by subsection (1).

(8)The appropriate authority must—

(a)keep under review any statement it has prepared under this section, and

(b)if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (6) and lay a copy of it before the appropriate legislature.

(9)In this section—

  • the appropriate legislature” means—

    (a)

    in relation to the Secretary of State, Parliament;

    (b)

    in relation to the Welsh Ministers, the National Assembly for Wales;

    (c)

    in relation to the Scottish Ministers, the Scottish Parliament;

  • European marine site” means any site which is—

    (a)

    a European marine site within the meaning of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716), or

    (b)

    a European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842);

  • feature” means anything falling within paragraphs (a) to (c) of section 117(1);

  • Ramsar site” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 (c. 69);

  • SSSI” means a site of special scientific interest, within the meaning of Part 2 of that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32S. 123 partly in force; s. 123 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

124ReportE+W+S+N.I.

(1)Before the end of every relevant period, the appropriate authority must lay before the appropriate legislature a report setting out—

(a)the extent to which, in the opinion of the authority, the objective in section 123(2) has been achieved;

(b)any further steps which, in the opinion of the authority, are required to be taken in order to contribute to the achievement of that objective.

(2)The report must also contain the following information—

(a)the number of MCZs which the authority has designated during the relevant period;

(b)in relation to each such MCZ—

(i)the size of the MCZ, and

(ii)the conservation objectives which have been stated for the MCZ;

(c)the number of MCZs designated by the authority in which the following activities are prohibited or significantly restricted—

(i)any licensable marine activity;

(ii)fishing for or taking animals or plants from the sea;

(d)information about any amendments which the authority has made to any orders made under section 116;

(e)the extent to which, in the opinion of the authority, the conservation objectives stated for each MCZ which it has designated have been achieved;

(f)any further steps which, in the opinion of the authority, are required to be taken in relation to any MCZ in order to achieve the conservation objectives stated for it.

(3)For the purposes of complying with its duty under this section, the appropriate authority for any area may direct the appropriate statutory conservation body for that area to carry out such monitoring of MCZs in that area as is specified in the direction.

(4)A body that is given a direction under subsection (3) must comply with it.

(5)In this section—

  • the appropriate legislature” means—

    (a)

    in relation to the Secretary of State, Parliament;

    (b)

    in relation to the Welsh Ministers, the National Assembly for Wales;

    (c)

    in relation to the Scottish Ministers, the Scottish Parliament;

  • licensable marine activity” has the same meaning as in Part 4;

  • relevant period” means—

    (a)

    the period beginning on the date on which this section comes into force and ending on 31 December 2012;

    (b)

    each subsequent period of six years.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33S. 124 partly in force; s. 124 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Duties of public authoritiesE+W+S+N.I.

125General duties of public authorities in relation to MCZsE+W+S+N.I.

(1)This section applies to any public authority having any function the exercise of which is capable of affecting (other than insignificantly)—

(a)the protected features of an MCZ;

(b)any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(2)Every public authority to which this section applies must (so far as is consistent with their proper exercise)—

(a)exercise its functions in the manner which the authority considers best furthers the conservation objectives stated for the MCZ;

(b)where it is not possible to exercise its functions in a manner which furthers those objectives, exercise them in the manner which the authority considers least hinders the achievement of those objectives.

(3)If a public authority considers that any of its functions is such that the exercise of the function would or might significantly hinder the achievement of the conservation objectives for an MCZ, it must inform the appropriate statutory conservation body of that fact.

(4)Subject to subsection (6), subsection (5) applies in any case where a public authority intends to do an act which is capable of affecting (other than insignificantly)—

(a)the protected features of an MCZ;

(b)any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(5)If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.

(6)Subsection (5) does not apply where—

(a)the appropriate statutory conservation body has given the authority advice or guidance under section 127 in relation to acts of a particular description,

(b)the act which the authority intends to do is an act of that description, and

(c)the advice or guidance has not ceased to apply.

(7)Where the authority has given notification under subsection (5), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.

(8)Subsection (7) does not apply where—

(a)the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or

(b)the authority thinks that there is an urgent need to do the act.

(9)If a public authority considers that a relevant event has occurred, it must inform—

(a)the relevant authority, and

(b)the appropriate statutory conservation body,

of that fact.

(10)A “relevant event” is any act—

(a)in relation to which the public authority exercises functions,

(b)which the authority believes to be an offence, and

(c)which the authority considers will or may significantly hinder the achievement of the conservation objectives for an MCZ.

(11)For the purposes of subsection (9) “relevant authority” means—

(a)in relation to an MCZ in Wales, the Welsh Ministers;

(b)in relation to an MCZ in the Scottish offshore region, the Scottish Ministers;

(c)in relation to any other MCZ, the MMO.

(12)In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the appropriate statutory conservation body under section 127.

(13)In this section—

  • act” includes omission;

  • public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34S. 125 partly in force; s. 125 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

126Duties of public authorities in relation to certain decisionsE+W+S+N.I.

(1)This section applies where—

(a)a public authority has the function of determining an application (whenever made) for authorisation of the doing of an act, and

(b)the act is capable of affecting (other than insignificantly)—

(i)the protected features of an MCZ;

(ii)any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(2)If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.

(3)Where the authority has given notification under subsection (2), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to grant authorisation for the doing of the act.

(4)Subsection (3) does not apply where—

(a)the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or

(b)the authority thinks that there is an urgent need to grant authorisation for the doing of the act.

(5)The authority must not grant authorisation for the doing of the act unless the condition in subsection (6) or the condition in subsection (7) is met.

(6)The condition in this subsection is that the person seeking the authorisation satisfies the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ.

(7)The condition in this subsection is that, although the person seeking the authorisation is not able to satisfy the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, that person satisfies the authority that—

(a)there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of those objectives,

(b)the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment that will be created by proceeding with it, and

(c)the person seeking the authorisation will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.

(8)The reference in subsection (7)(a) to other means of proceeding with an act includes a reference to proceeding with it—

(a)in another manner, or

(b)at another location.

(9)In a case falling within subsection (7), the authority must, if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in subsection (7)(c) are undertaken.

(10)In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the appropriate statutory conservation body under section 127.

(11)In this section—

  • act” includes omission;

  • authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;

  • damage” includes the prevention of an improvement;

  • public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35S. 126 partly in force; s. 126 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

127Advice and guidance by conservation bodiesE+W+S+N.I.

(1)The appropriate statutory conservation body may give advice and guidance as to—

(a)the matters which are capable of damaging or otherwise affecting any protected feature or features;

(b)the matters which are capable of affecting any ecological or geomorphological process on which the conservation of any protected feature or features is (wholly or in part) dependent;

(c)how any conservation objectives stated for an MCZ may be furthered, or how the achievement of any such objectives may be hindered;

(d)how the effect of any activity or activities on an MCZ or MCZs may be mitigated;

(e)which activities are, or are not, of equivalent environmental benefit (for the purposes of section 126(7)(c)) to any particular damage to the environment (within the meaning of that provision).

(2)Advice or guidance may be given—

(a)either in relation to a particular MCZ or MCZs or generally;

(b)either to a particular public authority or authorities or generally.

(3)The appropriate statutory conservation body must give advice to a public authority if the authority requests it.

(4)If the appropriate statutory conservation body for an area proposes to exercise its functions under this section in a manner which may affect an MCZ or MCZs in an area for which another body is the appropriate statutory conservation body, it must consult that other body before doing so.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36S. 127 partly in force; s. 127 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

128Failure to comply with duties etcE+W+S+N.I.

(1)This section applies if, in the opinion of the appropriate statutory conservation body, a public authority has failed—

(a)to comply with the duty imposed by section 125(2) or the duty imposed by section 126(5);

(b)to act in accordance with advice or guidance given by the appropriate statutory conservation body under section 127.

(2)Where this section applies—

(a)the body may request from the authority an explanation for the failure, and

(b)on such a request, the authority must provide such an explanation in writing.

(3)In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37S. 128 partly in force; s. 128 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Byelaws for protection of MCZs etc: EnglandE+W+S+N.I.

129Byelaws for protection of MCZs in EnglandE+W+S+N.I.

(1)The MMO may make one or more byelaws for the purpose of furthering the conservation objectives stated for an MCZ in England.

(2)A byelaw under this section may be made so as to apply to any area in England.

(3)The provision that may be made by a byelaw under this section includes, in particular, provision—

(a)prohibiting or restricting entry into, or any movement or other activity within, the MCZ by persons or animals;

(b)prohibiting or restricting entry into, or any movement or other activity within, the MCZ by vessels or (where appropriate) vehicles;

(c)restricting the speed at which any vessel may move in the MCZ or in any specified area outside the MCZ where that movement might hinder the conservation objectives stated for the MCZ;

(d)prohibiting or restricting the anchoring of any vessel within the MCZ;

(e)prohibiting or restricting the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the MCZ;

(f)prohibiting or restricting the doing of anything in the MCZ which would interfere with the sea bed or damage or disturb any object in the MCZ.

(4)The provision that may be made by a byelaw under this section also includes provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the MCZ by persons, animals or vehicles.

(5)A byelaw under this section may provide for the MMO to issue permits authorising anything which would, apart from such a permit, be unlawful under the byelaw.

(6)The MMO may attach to a permit under subsection (5) any condition which the MMO thinks appropriate to attach to that permit.

(7)A byelaw under this section may be made subject to specified exceptions.

(8)A byelaw under this section may make different provision for different cases, including (in particular)—

(a)different parts of the MCZ;

(b)different times of the year;

(c)different means or methods of carrying out any activity.

(9)In this section “specified” means specified in the byelaw.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38S. 129 partly in force; s. 129 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

130Byelaws: procedureE+W+S+N.I.

(1)Before making a byelaw under section 129, the MMO must comply with subsections (2) to (7) of this section.

This is subject to subsection (11).

(2)If the byelaw would or might affect any activity in Wales, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers.

(3)The MMO must place a copy of a draft of the byelaw in such place or places as the MMO thinks is or are likely to be most convenient for the purpose of enabling the draft to be inspected by persons likely to be affected by the making of the byelaw.

(4)The MMO must provide a copy of a draft of the byelaw to any person who requests one.

(5)The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4).

(6)The MMO must publish notice of its proposal to make the byelaw.

(7)The notice under subsection (6) must—

(a)be published in such manner as the MMO thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the byelaw;

(b)state where the copy or copies of the draft byelaw have been placed by the MMO in accordance with subsection (3);

(c)state the time within which representations about the byelaw must be made to the MMO.

(8)A byelaw made under section 129 does not have effect until it is confirmed by the Secretary of State; and a byelaw which is confirmed comes into force—

(a)on such date as may be determined by the Secretary of State, or

(b)if no such date is determined, one month after the date on which it is confirmed.

(9)As soon as is reasonably practicable after the confirmation of a byelaw made under section 129, the MMO must publish notice of the making of the byelaw.

(10)The notice under subsection (9) must—

(a)be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b)state that a copy of the byelaw may be inspected at the offices of the MMO.

(11)Nothing in this section applies where the MMO thinks that there is an urgent need to protect an MCZ.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39S. 130 partly in force; s. 130 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

131Emergency byelawsE+W+S+N.I.

(1)Where the MMO thinks that there is an urgent need to protect an MCZ, a byelaw made by it for that purpose has effect without being confirmed by the Secretary of State.

(2)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) for such period, not exceeding 12 months, as is specified in the byelaw.

(3)The MMO must publish notice of the making of an emergency byelaw.

(4)The notice under subsection (3) must—

(a)be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b)state that a copy of the byelaw may be inspected at the offices of the MMO;

(c)state that the Secretary of State has power to revoke the byelaw and that any person affected by the making of the byelaw may make representations to the Secretary of State.

(5)The Secretary of State may revoke an emergency byelaw.

(6)The MMO must keep under review the need for an emergency byelaw to remain in force.

(7)The MMO may, by further byelaw, provide that an emergency byelaw is to remain in force for such period beyond that specified under subsection (2)(b) as is specified in the further byelaw.

(8)The MMO may not make a byelaw under subsection (7) unless—

(a)it intends to make a byelaw under section 129 in respect of the MCZ in accordance with section 130 (“the permanent byelaw”), and

(b)it has, in respect of the permanent byelaw, complied with section 130(6).

(9)A period specified under subsection (7) may not exceed 6 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40S. 131 partly in force; s. 131 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

132Interim byelawsE+W+S+N.I.

(1)The MMO may make one or more byelaws for the purpose of protecting any feature in an area in England if the MMO thinks—

(a)that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and

(b)that there is an urgent need to protect the feature.

(2)In this Chapter “interim byelaw” means a byelaw made under subsection (1).

(3)An interim byelaw must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(4)Subsections (2) to (9) of section 129 apply to an interim byelaw as they apply to a byelaw made under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim byelaw applies.

(5)An interim byelaw—

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

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

(6)The MMO must publish notice of the making of an interim byelaw.

(7)The notice under subsection (6) must—

(a)be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b)state that a copy of the byelaw may be inspected at the offices of the MMO;

(c)state that the Secretary of State has power to revoke the byelaw and that any person affected by the making of the byelaw may make representations to the Secretary of State.

(8)The Secretary of State may revoke an interim byelaw.

(9)The MMO must keep under review the need for an interim byelaw to remain in force.

(10)The MMO may by further byelaw extend the period for which an interim byelaw remains in force; but an interim byelaw may not by virtue of this subsection remain in force for an aggregate period exceeding 12 months.

(11)If, while an interim byelaw is in force, the Secretary of State gives notice of a proposal to make an order under section 116 designating any part of the area in question as an MCZ, the Secretary of State may direct that the interim byelaw is to remain in force—

(a)until the Secretary of State has decided whether to make the order under section 116;

(b)if the Secretary of State decides to make such an order, until that order comes into effect.

(12)The Secretary of State must publish a direction under subsection (11) in such manner as the Secretary of State thinks is most likely to bring the direction to the attention of any persons who are likely to be affected by the making of it.

(13)In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41S. 132 partly in force; s. 132 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

133Further provision as to byelawsE+W+S+N.I.

(1)This section applies to any byelaw made under section 129 or 132.

(2)A byelaw to which this section applies is to be made under the common seal of the MMO.

(3)If a byelaw to which this section applies will or may affect any activity in Wales, the MMO must send a copy of the byelaw to the Welsh Ministers.

(4)The MMO must—

(a)make a copy of any byelaw to which this section applies available for inspection at its offices at all reasonable hours without payment;

(b)provide a copy of any such byelaw to any person who requests one.

(5)The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).

(6)In the case of a byelaw made under section 129 in accordance with section 130, subsections (3) and (4) above apply only after the byelaw has been confirmed under section 130(8).

(7)A byelaw to which this section applies may be amended or revoked by a further byelaw.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42S. 133 partly in force; s. 133 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Orders for protection of MCZs etc: WalesE+W+S+N.I.

134Orders for protection of MCZs in WalesE+W+S+N.I.

(1)The Welsh Ministers may make one or more orders for the purpose of furthering the conservation objectives stated for an MCZ in Wales.

(2)An order under this section may be made so as to apply to any area in Wales.

(3)Subsections (3), (4) and (7) to (9) of section 129 apply in relation to an order under this section as they apply in relation to a byelaw under that section.

(4)An order under this section may provide for the Welsh Ministers to issue permits authorising anything which would, apart from such a permit, be unlawful under the order.

(5)The Welsh Ministers may attach to a permit under subsection (4) any condition which the Welsh Ministers think appropriate to attach to that permit.

(6)An order under this section may be made in respect of more than one MCZ; and in relation to any order so made any reference in this section (or in section 129 as applied by this section) to an MCZ is a reference to any or all of the MCZs in respect of which the order is made.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43S. 134 partly in force; s. 134 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 134 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

135Consultation etc regarding orders under section 134E+W+S+N.I.

(1)Before making an order under section 134, the Welsh Ministers must consult—

(a)the Secretary of State, and

(b)any other person whom they think fit to consult.

(2)The Welsh Ministers must publish notice of the making of an order under section 134.

(3)The notice under subsection (2) must—

(a)be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b)give an address at which a copy of the order may be inspected.

(4)Where the Welsh Ministers think that there is an urgent need to make an order under section 134 in order to protect an MCZ—

(a)subsection (1) does not apply, and

(b)the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44S. 135 partly in force; s. 135 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

136Interim ordersE+W+S+N.I.

(1)The Welsh Ministers may make one or more orders for the purpose of protecting any feature in an area in Wales if they think—

(a)that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b)that there is an urgent need to protect the feature.

(2)In this Chapter “interim order” means an order under subsection (1).

(3)An interim order must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(4)Subsections (2) to (5) of section 134 apply to an interim order as they apply to an order under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim order applies.

(5)An interim order—

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

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

(6)The Welsh Ministers must publish notice of the making of an interim order.

(7)The notice under subsection (6) must—

(a)be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b)give an address at which a copy of the order may be inspected;

(c)state that any person affected by the making of the order may make representations to the Welsh Ministers.

(8)The Welsh Ministers must keep under review the need for an interim order to remain in force.

(9)The Welsh Ministers may by further order extend the period for which an interim order remains in force.

(10)In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45S. 136 partly in force; s. 136 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 136 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

137Further provision as to orders made under section 134 or 136E+W+S+N.I.

(1)This section applies to any order made under section 134 or 136.

(2)The Welsh Ministers must send a copy of any order to which this section applies to the Secretary of State.

(3)The Welsh Ministers must—

(a)make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment;

(b)provide a copy of any such order to any person who requests one.

(4)Subject to subsection (5), an order to which this section applies may make such provision amending, modifying or excluding any statutory provision of local application which has effect in the area to which the order relates as the Welsh Ministers think is necessary or expedient in consequence of the order.

(5)An order to which this section applies may not amend, modify or exclude any statutory provision of local application which was made by the Secretary of State unless the Secretary of State consents.

(6)An order to which this section applies may be amended or revoked by a further order.

(7)In this section “statutory provision” means—

(a)provision of an Act of Parliament, or

(b)provision of an instrument made under an Act of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46S. 137 partly in force; s. 137 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 137 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

HearingsE+W+S+N.I.

138Hearings by Secretary of State or Welsh MinistersE+W+S+N.I.

(1)This section applies where the Secretary of State has the function of—

(a)deciding (under section 130(8)) whether to confirm a byelaw made under section 129;

(b)deciding (under section 131(5)) whether to revoke an emergency byelaw;

(c)deciding (under section 132(8)) whether to revoke an interim byelaw.

(2)This section also applies where the Welsh Ministers have the function of—

(a)deciding whether to make an order under section 134;

(b)deciding whether to make an interim order under section 136(1).

(3)The Secretary of State or (as the case may be) the Welsh Ministers may, before making that decision, give to any person the opportunity of—

(a)appearing before and being heard by a person appointed for that purpose;

(b)providing written representations to such a person.

(4)The Secretary of State or (as the case may be) the Welsh Ministers may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).

(5)A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers of any oral or written representations made under that subsection.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47S. 138 partly in force; s. 138 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 138 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

OffencesE+W+S+N.I.

139Offence of contravening byelaws or ordersE+W+S+N.I.

(1)It is an offence for a person to contravene—

(a)any byelaw made under section 129 or 132(1);

(b)any order made under section 134 or 136(1).

(2)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)In this section “contravene” includes fail to comply.

(4)Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48S. 139 partly in force; s. 139 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

140Offence of damaging etc protected features of MCZsE+W+S+N.I.

(1)A person is guilty of an offence under this section if—

(a)the person without lawful excuse does a prohibited act,

(b)at the time of doing that act, the person knows, or ought to have known, that the feature to which the act relates is in, or forms part of, an MCZ, and

(c)the act has significantly hindered, or may significantly hinder, the achievement of the conservation objectives stated for the MCZ.

(2)For the purposes of subsection (1), a person does a prohibited act if the person—

(a)intentionally or recklessly kills or injures any animal in an MCZ which is a protected feature of that MCZ,

(b)intentionally picks or collects, or intentionally or recklessly cuts, uproots or destroys, any plant in an MCZ which is a protected feature of that MCZ,

(c)intentionally or recklessly takes anything from an MCZ which is, or forms part of, a protected feature of that MCZ, or

(d)intentionally or recklessly destroys or damages any habitat or feature which is a protected feature of an MCZ.

(3)For the purposes of determining whether anything done by a person in relation to a protected feature is a prohibited act for the purposes of subsection (1), it is immaterial whether the person knew, or ought to have known, that the feature was a protected feature.

(4)A person who is guilty of an offence under this section is liable—

(a)on summary conviction, to a fine not exceeding £50,000;

(b)on conviction on indictment, to a fine.

(5)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

(6)Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49S. 140 partly in force; s. 140 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

141Exceptions to offences under section 139 or 140E+W+S+N.I.

(1)A person is not guilty of an offence under section 139 or 140 if the act which is alleged to constitute the offence—

(a)was done in accordance with section 125(2) by a public authority;

(b)was expressly authorised by an authorisation granted in accordance with section 126, or was necessarily incidental to such an act;

(c)was done in accordance with—

(i)a permit issued under section 129(5) or 134(4), or

(ii)a permit issued by the appropriate authority;

(d)was necessary in the interests of national security or the prevention or detection of crime, or was necessary for securing public health;

(e)was necessary for the purpose of securing the safety of any vessel, aircraft or marine installation;

(f)was done for the purpose of saving life.

(2)Subsection (1)(e) does not apply where the necessity was due to the fault of the person or of some other person acting under the person's direction or control.

(3)A person is not guilty of an offence under section 139 by reason of doing anything that is an offence under section 140.

(4)It is a defence for a person who is charged with an offence under section 140 to show that—

(a)the act which is alleged to constitute the offence was—

(i)an act done for the purpose of, and in the course of, sea fishing, or

(ii)an act done in connection with such an act,

and

(b)the effect of the act on the protected feature in question could not reasonably have been avoided.

(5)The Secretary of State may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (4).

(6)Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), nothing in section 140 applies to anything done in relation to an MCZ lying beyond the seaward limits of the territorial sea by a person on a third country vessel.

(7)In this section—

  • act” includes omission;

  • third country vessel” means a vessel which—

    (a)

    is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State, and

    (b)

    is not registered in a member State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50S. 141 partly in force; s. 141 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 141 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Fixed monetary penaltiesE+W+S+N.I.

142Fixed monetary penaltiesE+W+S+N.I.

(1)The appropriate authority for any area (other than the Scottish offshore region) may by order make provision to confer on any enforcement authority for that area the power by notice to impose a fixed monetary penalty on a person in relation to an offence under section 139.

(2)Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3)For the purposes of this Chapter a “fixed monetary penalty” is a requirement to pay to the enforcement authority a penalty of a prescribed amount.

(4)The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed level 1 on the standard scale.

(5)In this section “prescribed” means prescribed in an order made under this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51S. 142 partly in force; s. 142 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 142 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

143Fixed monetary penalties: procedureE+W+S+N.I.

(1)Provision under section 142 must secure the results in subsection (2).

(2)Those results are that—

(a)where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b)the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),

(c)if the person does not so discharge liability—

(i)the person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty, and

(ii)the enforcement authority must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d)where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

(e)the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(3)To comply with this subsection the notice of intent must include information as to—

(a)the grounds for the proposal to impose the fixed monetary penalty,

(b)the effect of payment of the sum referred to in subsection (2)(b),

(c)the right to make representations and objections,

(d)the circumstances in which the enforcement authority may not impose the fixed monetary penalty,

(e)the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and

(f)the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.

(4)Provision pursuant to subsection (2)(c)(ii)—

(a)must secure that the enforcement authority may not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b)may include provision for other circumstances in which the enforcement authority may not decide to impose a fixed monetary penalty.

(5)To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)the period within which payment must be made,

(d)any early payment discounts or late payment penalties,

(e)rights of appeal, and

(f)the consequences of non-payment.

(6)Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable.

(7)In this section “prescribed” means prescribed in an order made under section 142.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52S. 143 partly in force; s. 143 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 143 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

144Further provision about fixed monetary penaltiesE+W+S+N.I.

Schedule 10 (which makes further provision about fixed monetary penalties) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53S. 144 partly in force; s. 144 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Miscellaneous and supplementalE+W+S+N.I.

145Application to the CrownE+W+S+N.I.

(1)This Chapter is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.

This is subject to subsection (2).

(2)No contravention by the Crown of any provision of this Chapter is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.

(4)For the purposes of this section “Crown land” means land an interest in which—

(a)belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b)belongs to Her Majesty in right of the Duchy of Lancaster,

(c)belongs to the Duchy of Cornwall, or

(d)belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(5)In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54S. 145 partly in force; s. 145 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

146Consequential and transitional provisionE+W

(1)Schedule 11 (which makes consequential amendments) has effect.

(2)Schedule 12 (which makes transitional provision) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55S. 146 partly in force; s. 146 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

147Interpretation of this ChapterE+W+S+N.I.

(1)In this Chapter—

  • animal” includes any egg, larva, pupa, or other immature stage of an animal;

  • appropriate authority” has the meaning given by section 116(5);

  • the appropriate statutory conservation body” means—

    (a)

    in respect of an area in England, Natural England,

    (b)

    in respect of an area in Wales, the Countryside Council for Wales,

    (c)

    in respect of an area outside the seaward limits of the territorial sea, the Joint Nature Conservation Committee;

  • emergency byelaw” has the meaning given by section 131;

  • enforcement authority” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence under this Chapter is committed in that area;

  • England” includes the English inshore region;

  • interim byelaw” means a byelaw made under section 132(1);

  • interim order” means an order made under section 136(1);

  • marine installation” means any artificial island, installation or structure;

  • MCZ” means a marine conservation zone designated by an order under section 116;

  • protected feature”, in relation to an MCZ or proposed MCZ, means any flora, fauna, habitat or feature which is sought to be conserved by the making of the order designating the zone;

  • sea” has the meaning given by section 322(1), except that it does not include any waters upstream of the fresh-water limit of estuarial waters;

  • seashore” means—

    (a)

    the foreshore, that is to say, land which is covered and uncovered by the ordinary movement of the tide, and

    (b)

    any land, whether or not covered intermittently by water, which is in apparent continuity (determined by reference to the physical characteristics of that land) with the foreshore, as far landward as any natural or artificial break in that continuity;

  • vehicles” includes—

    (a)

    bicycles and other non-motorised forms of transport, and

    (b)

    hovercraft;

  • vessels” includes—

    (a)

    hovercraft,

    (b)

    aircraft capable of landing on water, and

    (c)

    any other craft capable of travelling on, in or under water, whether or not capable of carrying any person;

  • Wales” includes the Welsh inshore region.

(2)In the definition of “sea” in subsection (1) “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56S. 147 partly in force; s. 147 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Chapter 2E+WOther conservation sites

148Marine boundaries of SSSIs and national nature reservesE+W

Schedule 13 (which amends the Wildlife and Countryside Act 1981 (c. 69) in relation to sites of special scientific interest and national nature reserves) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57S. 148 partly in force; s. 148 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

Part 6 E+W+SManagement of inshore fisheries

Chapter 1E+W+SInshore fisheries and conservation authorities

Inshore fisheries and conservation districts and authoritiesE+W

149Establishment of inshore fisheries and conservation districtsE+W

(1)The Secretary of State may by order establish inshore fisheries and conservation districts.

(2)An inshore fisheries and conservation district (an “IFC district”) is an area that consists of—

(a)one or more local authority areas in England that include part of the seashore, and

(b)such part of the English inshore region lying seawards from that part of the seashore as is specified in the order establishing the district.

(3)Before making an order establishing an IFC district the Secretary of State must consult—

(a)the council for every local authority area that would, if the order were made, fall within the IFC district established by the order,

(b)the Environment Agency,

(c)Natural England,

(d)the MMO,

(e)the authority for any existing IFC district that would, if the order were made, adjoin the IFC district established by the order,

(f)the Welsh Ministers, in a case where, if the order were made, the IFC district established by the order would adjoin the Welsh inshore region,

and any other person likely to be affected by the making of the order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58S. 149 partly in force; s. 149 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

150Inshore fisheries and conservation authoritiesE+W

(1)There is to be an inshore fisheries and conservation authority (an “IFC authority”) for every IFC district established under section 149.

(2)Any reference in this Chapter to the authority for an IFC district is a reference to the IFC authority for that district.

(3)An authority for an IFC district is—

(a)a committee of the council for the local authority area falling within the district;

(b)where there is more than one local authority area falling within the district, a joint committee of the councils for those local authority areas.

151Membership and proceedings of IFC authoritiesE+W

(1)An order under section 149 establishing an IFC district must provide for the IFC authority for the district to consist of—

(a)persons who are members of a relevant council,

(b)persons appointed by the MMO, and

(c)other persons.

(2)The persons appointed as members of the authority for the district by virtue of subsection (1)(b) must comprise—

(a)persons acquainted with the needs and opinions of the fishing community of the district, and

(b)persons with knowledge of, or expertise in, marine environmental matters.

(3)The Secretary of State may by order amend subsection (2) so as to—

(a)add descriptions of persons who may be appointed by virtue of subsection (1)(b) as members of an IFC authority;

(b)vary or remove any descriptions added by virtue of paragraph (a).

An order under this subsection may make such other amendments of this section as appear to the Secretary of State to be necessary in consequence of the order.

(4)An order under section 149 establishing an IFC district must specify the number of members of the authority for the district.

(5)The order must also specify—

(a)the number of members falling within paragraph (a), and the number of members falling within paragraph (b), of subsection (1);

(b)in a case where there is more than one relevant council for the IFC district established by the order, the number of members to be appointed from each council (which may, in the case of any particular council, be none);

(c)the number of members falling within paragraph (c) of subsection (1) and the person or persons by whom they are to be appointed.

(6)An order under section 149 establishing an IFC district may also include provision about—

(a)how a member of the authority for the district is to be appointed;

(b)qualification and disqualification for membership of the authority;

(c)the conduct of members of the authority;

(d)the appointment of a member of the authority as the chair of the authority;

(e)the holding and vacation of office as a member, or as chair, of the authority (including the circumstances in which a person ceases to hold office or may be removed or suspended from office);

(f)re-appointment as a member, or as chair, of the authority;

(g)the validity of acts and proceedings of a person appointed as a member of the authority in the event of disqualification or lack of qualification;

(h)the validity of proceedings of the authority in the event of a vacancy in membership or of a defect in the appointment of a member;

(i)procedure to be followed by the authority;

(j)the delegation by the authority of any of its functions to a sub-committee, member or employee of the authority;

(k)the payment by the authority of allowances to a member and the reimbursement by it of a member's expenses.

(7)The following provisions (which make provision about proceedings of local authority committees and joint committees) have effect in relation to the authority for an IFC district subject to provision made by the order establishing the district—

(a)sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of Schedule 12 to, the Local Government Act 1972 (c. 70);

(b)section 13 of the Local Government and Housing Act 1989 (c. 42);

(c)Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22).

(8)In this section—

  • the fishing community” means all persons with any sort of interest in the exploitation of sea fisheries resources or in fisheries for such resources;

  • marine environmental matters” means—

    (a)

    the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas, or

    (b)

    the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.

(9)Until the date of the coming into force of section 1, the reference in subsection (1)(b) to the MMO is to be read as a reference to the Secretary of State.

Any person appointed by the Secretary of State as a member of an IFC authority is, on and after that date, to be treated as if appointed by the MMO.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59S. 151 partly in force; s. 151 in force for specified purposes at Royal Assent see s. 324(1)(c)

152Amendment or revocation of orders under section 149E+W

(1)The Secretary of State may amend or revoke an order made under section 149.

(2)Before amending or revoking an order made under section 149 the Secretary of State must consult—

(a)the authority for the IFC district established by the order,

(b)the council for every local authority area that falls within the IFC district established by the order,

(c)the Environment Agency,

(d)Natural England,

(e)the MMO,

(f)the authority for any IFC district that adjoins the IFC district established by the order,

(g)the Welsh Ministers, in a case where the IFC district established by the order adjoins the Welsh inshore region,

and any other person likely to be affected by the amendment or revocation of the order.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60S. 152 partly in force; s. 152 in force for specified purposes at Royal Assent see s. 324(1)(c)

Prospective

Main dutiesE+W

153Management of inshore fisheriesE+W

(1)The authority for an IFC district must manage the exploitation of sea fisheries resources in that district.

(2)In performing its duty under subsection (1), the authority for an IFC district must—

(a)seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way,

(b)seek to balance the social and economic benefits of exploiting the sea fisheries resources of the district with the need to protect the marine environment from, or promote its recovery from, the effects of such exploitation,

(c)take any other steps which in the authority's opinion are necessary or expedient for the purpose of making a contribution to the achievement of sustainable development, and

(d)seek to balance the different needs of persons engaged in the exploitation of sea fisheries resources in the district.

(3)The Secretary of State may give guidance to the authority for an IFC district with respect to the performance of its duty under subsection (1).

(4)The Secretary of State must give every IFC authority guidance as to how the authority is to perform its duty under subsection (1) so as to make a contribution to the achievement of sustainable development.

(5)In performing its duty under subsection (1), the authority for an IFC district must have regard to any guidance given to it by the Secretary of State.

(6)Before giving any such guidance the Secretary of State must consult—

(a)every IFC authority to which the Secretary of State is proposing to give guidance, and

(b)such other bodies or persons as the Secretary of State considers appropriate.

(7)In preparing any such guidance the Secretary of State must take into consideration—

(a)the functions of IFC authorities,

(b)functions which are exercisable in IFC districts by other bodies and persons, and

(c)the resources available, or likely to be available, to each IFC authority to which the Secretary of State is proposing to give guidance.

(8)The Secretary of State must publish, in such manner as the Secretary of State may determine, any guidance given to IFC authorities by virtue of subsection (4).

(9)An IFC authority that has been given any such guidance must provide any person on request with a copy of the whole or any part of any such guidance.

(10)In this Chapter “sea fisheries resources” means any animals or plants, other than fish falling within subsection (11), that habitually live in the sea, including those that are cultivated in the sea.

(11)The fish referred to in subsection (10) are—

(a)salmon, trout, eels, lampreys, smelt and shad;

(b)any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;

(c)any freshwater fish.

In this subsection “eels”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (c. 51) (see section 41 of that Act).

(12)Any reference in this Chapter to the “exploitation” of sea fisheries resources is a reference to any activity relating to the exploitation of such resources, whether carried out for commercial purposes or otherwise, including—

(a)fishing for, taking, retaining on board, trans-shipping, landing, transporting or storing such resources,

(b)selling, displaying, exposing or offering for sale or possessing such resources, and

(c)introducing such resources to the sea or cultivating such resources.

154Protection of marine conservation zonesE+W

(1)The authority for an IFC district must seek to ensure that the conservation objectives of any MCZ in the district are furthered.

(2)Nothing in section 153(2) is to affect the performance of the duty imposed by this section.

(3)In this section—

(a)MCZ” means a marine conservation zone designated by an order under section 116;

(b)the reference to the conservation objectives of an MCZ is a reference to the conservation objectives stated for the MCZ under section 117(2)(b).

ByelawsE+W

Prospective

155Power to make byelawsE+W

(1)For the purposes of performing the duty imposed by section 153 or the duty imposed by section 154, the authority for an IFC district may make byelaws for that district.

(2)Byelaws made under this section must be observed within the district for which they are made.

(3)A byelaw made under this section does not have effect until it is confirmed by the Secretary of State.

This is subject to section 157 (emergency byelaws).

(4)The Secretary of State may confirm a byelaw without modification or with such modifications as are agreed to by the IFC authority that made the byelaw.

(5)Before confirming a byelaw, the Secretary of State may cause a local inquiry to be held.

Prospective

156Provision that may be made by byelawE+W

(1)The provision that may be made by a byelaw under section 155 includes provision falling within any one or more of the Heads set out in—

(a)subsection (3) (prohibition or restriction of exploitation of sea fisheries resources),

(b)subsection (4) (permits),

(c)subsection (5) (vessels, methods and gear),

(d)subsection (6) (protection of fisheries for shellfish),

(e)subsection (7) (monitoring of exploitation of resources);

(f)subsection (8) (information).

(2)In the following provisions of this section “specified” means specified in the byelaw.

(3)Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a)provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b)provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c)provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(4)Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by an IFC authority, including—

(a)provision for the charging of fees for permits;

(b)provision enabling conditions to be attached to a permit;

(c)provision enabling an IFC authority to limit the number of permits issued by it.

(5)Head 3 is—

(a)provision prohibiting or restricting the use of vessels of specified descriptions;

(b)provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c)provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d)provision for determining whether such items are items of a specified description.

(6)Head 4 is provision for and in connection with the protection of fisheries for shellfish, including—

(a)provision requiring shellfish the removal or possession of which is prohibited by or in pursuance of any Act to be re-deposited in specified localities;

(b)provision for the protection of culch and other material for the reception of the spat or young of shellfish;

(c)provision requiring such material to be re-deposited in specified localities;

(d)provision constituting, within an IFC district, a district of oyster cultivation for the purposes of subsection (2)(c) of section 16 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters between certain dates);

(e)provision directing that section 17(2) of that Act (which affords a defence to a person charged with an offence under that section) does not apply.

(7)Head 5 is provision for and in connection with the monitoring of exploitation of sea fisheries resources, including—

(a)provision requiring vessels to be fitted with specified equipment;

(b)provision requiring vessels to carry on board specified persons, or persons of a specified description, for the purpose of observing activities carried out on those vessels;

(c)provision requiring specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources to be marked in such manner as may be specified.

(8)Head 6 is provision requiring persons involved in the exploitation of sea fisheries resources in an IFC district to provide the authority for the district with specified information.

Prospective

157Emergency byelawsE+W

(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.