Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 1: Marine Management Organisation

Chapter 1: Establishment
Section 1: The Marine Management Organisation

36.This section establishes a body to be known as the Marine Management Organisation (MMO).

37.The MMO is to exercise those functions that are conferred on it by the Act and through other legislation.

38.There are a number of ways in which the Act provides for the MMO to take on functions.

39.Firstly, a number of existing functions are directly transferred to the MMO under Chapter 2 of this Part. Sections 4 to 11 transfer existing sea fisheries and nature conservation functions currently performed by the Secretary of State (some of them through the Marine and Fisheries Agency) or by Natural England directly to the MMO. Sections 12 and 13 also transfer functions to the MMO relating to electricity generating and renewable energy installations.

40.Secondly, the Act confers new functions on the MMO. Under Part 5 (marine conservation zones) the MMO is given the power, following consultation, to make byelaws to further the conservation objectives of any designated marine conservation zone in England (section 129). Such byelaws may, amongst other things, prohibit anything that will interfere with the sea bed. Under section 131, the MMO is given power to make emergency byelaws if it thinks there is an urgent need to protect a marine conservation zone in England. The MMO may also make interim byelaws (section 132) in relation to potential new marine conservation zones.

41.Under Part 6 of the Act, which relates to inshore fisheries and conservation authorities (IFCAs), the MMO is to be consulted in relation to the making of orders establishing inshore fisheries and conservation districts in England (section 149). Each such district is to have an inshore fisheries and conservation authority, the membership of which is to include some people appointed by the MMO (section 151).

42.Under Part 7 of the Act, an amendment to the Sea Fisheries (Shellfish) Act 1967 gives the MMO the powers to grant an exemption from the ban under section 17 of that Act on taking or selling crabs and lobsters, if they are taken for scientific purposes (section 212).

43.Thirdly, other Parts of the Act enable Ministers to delegate their marine functions under the Act to the MMO. Part 3 (marine planning) provides powers for “marine plan authorities” (listed in section 50) to delegate certain marine plan functions to public bodies by means of a direction (section 55). Part 4 (marine licensing) enables the Secretary of State to make an order which delegates certain of his marine licensing functions to any person specified in the order (section 98), which may include the MMO.

44.Fourthly, other functions will be conferred on the MMO through agreements with the Secretary of State. Chapter 3 of Part 1 makes provision for the Secretary of State to enter into agreements with the MMO for the MMO to perform any of the Secretary of State’s marine functions.

45.In addition, where functions that the MMO is to undertake are currently set out in secondary legislation, the Government will seek to amend that legislation to confer those functions on the MMO. Examples of secondary legislation that would be amended are the Conservation (Natural Habitats &c) Regulations 1994, the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 and the Grants for Fishing and Aquaculture Industries Regulations 2007.

Section 2: General objective

46.The MMO is to act as the UK Government’s strategic delivery body in the marine area. As such it will exercise a number of marine functions. This section sets out the MMO’s general objective in relation to those functions. It must ensure that activity in its marine area is managed, regulated and controlled with the objective of making a contribution to the achievement of sustainable development. To facilitate the performance of its overall objective of contributing to the achievement of sustainable development under subsection (1)(a) the MMO may further any of the three core elements of sustainable development. This may be necessary to ensure that an appropriate balance between environmental, social and economic considerations is reached (subsection (2)).

47.In carrying out its functions the MMO must take account of all relevant facts and matters (subsection (1)(b)). The test is an objective one: the MMO must take into account any fact or matter that is in fact relevant. Subsection (3) gives examples of the sorts of evidence that the MMO will need to take into account in fulfilment of this duty. A broad definition of evidence applies to the section (see subsection (12)) to ensure that reliance may be placed upon the fullest possible range of evidence that the MMO is likely to need to refer to in carrying out its functions, including scientific and economic data and predictive studies. Subsection (3)(c) enables the MMO additionally to take into account other things which it may consider appropriate (but this does not mean that it may leave out of account anything which is in fact relevant and which it is required to take into account under subsection (1)(b)).

48.The MMO must also consider the effect that decisions on one area will have on any other area so that overall it acts in a consistent and coordinated way (subsection (1)(c)). This means that any decision of the MMO should be viewed in the context of the entirety of its functions to ensure that it comes to a balanced view.

49.The Secretary of State will issue the MMO with guidance as to how it is to seek to secure that a contribution to the achievement of sustainable development is made. This guidance will be subject to Parliamentary scrutiny before it is given to the MMO. It will be published by the Secretary of State and a copy of it will be provided by the MMO to any person who requests it.

Section 3: Performance

50.The Secretary of State will set objectives and performance indicators for the MMO which it must endeavour to meet.

51.In addition, the MMO will be placed under a duty to have regard to the five principles of good regulation set out in section 21 of the Legislative and Regulatory Reform Act 2006 (LRRA). The MMO’s functions will be listed by Order under Part 2 of that Act. Section 24(6) of the LRRA requires that the body whose functions are to be listed be consulted. Section 3(2) disapplies those consultation requirements. This is because the MMO must be made subject to the principles of good regulation on or before the date that it starts to deliver regulatory functions and there is a possibility that there will be insufficient time for such consultation between appointing the board members and the date on which the MMO is due to deliver those regulatory functions.

Chapter 2: Transfer of Functions to the MMO

52.This Chapter provides for the transfer of a number of existing functions to the MMO.

Sea Fish (Conservation) Act 1967

53.This Act and orders made under it regulate fishing for, and landing of, sea fish and the commercial use of sea fish.

Section 4: Licensing of fishing boats

54.Section 4 of the Sea Fish (Conservation) Act 1967 and legislation made under that section prohibit fishing boats from fishing for sea fish in certain areas within British fishery limits without a licence. This section transfers to the MMO the function of the Secretary of State in relation to the granting of licences. The function transferred includes the administration (granting, variation, revocation, suspension) of licences. This section also ensures that licences previously issued by the Secretary of State are treated as though they were issued by the MMO.

55.Section 4 also provides for the MMO and the Scottish Ministers to make arrangements to exercise functions on each other’s behalf. This is limited to licensing functions under section 4 of the Sea Fish (Conservation) Act 1967.

Section 5: Restrictions on time spent at sea: appeals

56.Section 4AA of the Sea Fish (Conservation) Act 1967 establishes the Sea Fish Licence Tribunal. It provides for an appeal to this tribunal in relation to certain provisions in fishing boat licences that restrict the amount of time that a vessel may spend at sea. The fishing boat licence must be varied to give effect to any decision of the tribunal. Section 5 provides for the MMO to be subject to this duty to vary a licence in respect of licences that it granted, or that the Secretary of State granted.

Section 6: Trans-shipment licences for vessels

57.Section 4A of the Sea Fish (Conservation) Act 1967 and legislation made under that section prohibits a vessel within British fishery limits (except the Scottish zone) from receiving, without a licence, fish that is trans-shipped from another vessel. This section transfers to the MMO the functions of the Secretary of State in licensing vessels involved in the trans-shipment of fish.

Section 7: Regulations supplementary to sections 4 and 4A

58.This section is supplementary to sections 4 and 6 and flows from the transfer of functions of granting fishing boat licences from the Secretary of State to the MMO. Where secondary legislation has been made to set out the procedure for granting licences, any existing references to the Secretary of State in that legislation are to be treated as references to the MMO.

Section 8: Exemptions for operations for scientific and other purposes

59.Section 1 of the Sea Fish (Conservation) Act 1967 prohibits the landing of certain descriptions of sea fish below a certain size. Section 9 of that Act creates an exemption to this prohibition in the case of fish landed for the purposes of scientific investigation.

60.This section transfers to the MMO the functions of the Secretary of State relating to the authorisation of fishing operations that are conducted for these purposes.

Nature conservation
Section 9: Licences to kill or take seals

61.The Conservation of Seals Act 1970 provides for the protection and conservation of seals in Great Britain and the adjacent territorial waters. This Act makes it an offence to kill or take seals during the close season or in an area specified in a conservation order without a licence granted by the Secretary of State. The function of granting licences in England is currently exercised by Natural England.

62.This section transfers to the MMO the functions of the Secretary of State in granting licences in England and the English inshore region. (In a small number of cases each year it is necessary to issue licences to kill or take seals in freshwaters; the MMO will transfer this function to Natural England using the agreements under section 15).

Section 10: Wildlife and Countryside Act 1981

63.The Wildlife and Countryside Act 1981 applies both terrestrially and at sea out to 12 nautical miles to protect wild birds, animals and plants.

64.Sections 1, 3, 5, 6(1), (2) and (3), 7 and 8 of that Act create offences related to the protection of birds, including an offence of killing or injuring wild birds.

65.Sections 9(1), (2), (4), (4A) and (5) and 11(1), (2) and (3C)(a) of that Act create offences related to the protection of animals, including offences of killing or injuring any wild animal or destroying any place of shelter of any wild animal.

66.Section 13(1) and (2) of that Act creates offences related to the protection of wild plants, including intentionally picking or selling any wild plant specified in the Act.

67.Sections 14 and 14ZA of that Act create offences related to the introduction of new species into the wild and the sale of invasive non-native species.

68.That Act includes powers under section 16 for the Secretary of State and Natural England to issue licences to authorise these activities in certain circumstances (for example, in the case of some of the activities, if they are done for scientific, research or educational purposes). Where a licence has been granted and the activity is carried out in accordance with the terms of the licence, no offence is committed.

69.This section provides that the powers under section 16(1), (2), (3) and (4) of that Act to grant such licences are to be exercised by the MMO, instead of the Secretary of State or Natural England, in the case of any such activities in the sea adjacent to England that lies seaward of mean low water mark out to 12 nautical miles.

Section 11: Sea Fisheries (Wildlife Conservation) Act 1992

70.This Act places the Secretary of State under a duty when discharging any sea fisheries functions to “have regard to the conservation of marine flora and fauna” and to try to achieve a reasonable balance between this consideration and any other considerations to which he is required to have regard.

71.This section places the MMO under the same duty as the Secretary of State under this Act; when discharging any sea fisheries functions the MMO must “have regard to the conservation of marine flora and fauna” and to try to achieve a reasonable balance between this consideration and any other considerations to which it is required to have regard.

Generating and renewable energy installations
Section 12: Certain consents under section 36 of the Electricity Act 1989

72.This section transfers to the MMO certain of the functions of the Secretary of State in issuing consents under section 36 of the Electricity Act 1989.

73.The functions transferred are listed in subsections (2) to (5) and relate to the construction, extension and use of offshore generating stations and the subsequent enforcement of any consents issued.

74.The MMO will assume the Secretary of State’s responsibility as competent authority for assessing environmental impacts on protected European Sites (subsection (5)(c)) and for satisfying requirements relating to environmental impact assessments (subsection (5)(d)).

75.The MMO will only exercise these functions for offshore generating stations that are not, or in the case of extensions, would not be after the extension has taken place, nationally significant infrastructure projects. Sections 14 and 15 of the Planning Act 2008 define offshore generating stations as nationally significant infrastructure projects if they have a generating capacity over 100 megawatts. The MMO will also not exercise these functions in Scottish waters or in the Scottish part of the renewable energy zone, where Scottish Ministers will continue to perform that role. “Scottish waters”, “Scottish part” and “renewable energy zone” are defined in section 95 of the Energy Act 2004.

Section 13: Safety zones: functions under section 95 of the Energy Act 2004

76.Under section 12 the MMO will be responsible for issuing consents under section 36 of the Electricity Act 1989 for certain offshore generating stations. By virtue of section 13 it will also be able to issue notices under section 95 of the Energy Act 2004 declaring safety zones around those offshore generating stations (here described as renewable energy installations) for which it issues those consents.

77.The MMO will be able to declare safety zones for any purpose given in section 95 of the Energy Act 2004. But it will not have the power to do this in respect of renewable energy installations located in Scottish waters or in the Scottish part of the renewable energy zone.

78.Where any part of a safety zone that the MMO is declaring is in Scottish waters, by virtue of subsection (5) of section 95 of the Energy Act 2004, the MMO will have to consult the Scottish Ministers before issuing a safety notice.

Chapter 3: Agreements involving the MMO for the exercise of function
Power to enter into agreements
Section 14: Agreements between the Secretary of State and the MMO

79.This section allows the Secretary of State to enter into agreements with the MMO authorising the MMO to perform marine functions currently performed by the Secretary of State.

80.The type of functions that these agreements would cover includes work currently undertaken by the Marine and Fisheries Agency under the Common Fisheries Policy or under EU Regulations which are directly applicable in the UK.

81.Over time the MMO may need to take on new functions and this section also provides the necessary flexibility in relation to any future functions to enable Ministers to delegate these to the MMO.

82.The functions that the MMO may be authorised to perform in the context of the Act are limited to marine functions. The MMO may be authorised to carry out a particular function generally or only in specified cases or areas.

83.The existence of an agreement between the Secretary of State and the MMO does not prevent the Secretary of State continuing to exercise the function that has been delegated. The Secretary of State may cancel the agreement at any time.

Section 15: Agreement between the MMO and eligible bodies

84.This section enables the MMO, with the approval of the Secretary of State, to make agreements with bodies listed in section 16 authorising those bodies to perform the MMO’s functions on its behalf. This is to enable the MMO to make arrangements for the most effective discharge of its functions as these bodies may be better placed (because of their resources, expertise or other such reason) to carry out the MMO’s function in a particular area.

85.Under such an agreement a body may be authorised to carry out the function generally or only in specified cases or areas. Any such agreements may be altered only by agreement between the MMO and the relevant body, and with the approval of the Secretary of State.

86.The Secretary of State must review any agreements between the MMO and eligible bodies every 5 years and may, if appropriate, cancel an agreement. Section 21 also provides that any agreement under section 15 must be in writing and published in order to bring it to the attention of people likely to be affected by it.

Section 16: Eligible bodies

87.Bodies listed in this section are those with which the MMO may enter into an agreement. The MMO will need the ability to delegate certain activities to eligible bodies where, for example, such bodies would be better placed (because of their resources, expertise or other such reason) to carry out the MMO’s function in a particular area. Examples of functions the MMO might want these bodies to carry out are as follows.

88.The Secretary of State may add a body, or a description of a body, to the list by Order, and may also remove bodies or descriptions of bodies from the list. The list is likely to change over time to take account of bodies being created, merged or disbanded, or to reflect a change of name. An example of such a change is that local fisheries committees (commonly known as Sea Fisheries Committees (SFCs)) will need to be removed from the list of bodies once IFCAs have been established; however, SFCs still need to be included in the list to cover the period between Royal Assent and the establishment of IFCAs. As the MMO evolves in future and takes on additional functions, further bodies may need to be added to the list.

89.The Secretary of State must be satisfied that a body which is to be added to the list has at least one purpose or function relating to or connected with a marine function. The power to add bodies to the list is not limited to public bodies because private bodies may be better placed to provide some functions or provide better value for money.

Section 17: Non-delegable functions

90.This section sets out functions that the MMO or an eligible body may not be authorised to perform under an agreement.

Section 18: Maximum duration of agreement

91.The maximum amount of time that an agreement between the Secretary of State and the MMO or an agreement between the MMO and an eligible body may last is 20 years.

Supplementary provisions
Section 19: Particular powers

92.Subsection (3) of this section provides for various cases where the body being authorised to carry out a function under an agreement is already involved with the function in some way. It may, for example, be a consultee or it may be required to give its consent to the exercise of the function or it may already exercise the function jointly with the body delegating the function. This section provides that an agreement may still be entered into with that body.

93.Subsection (6) ensures that the lack of a specific power to carry out a function does not prevent a body performing the function if that body has been authorised to do so under an agreement. It also provides that a body may delegate performance to a specially-formed body corporate or to a committee, sub-committee, member, officer or employee (except if the agreement itself prohibits this). However, subsection (8) provides that delegation of the performance of the function to anyone else is generally not permitted.

Section 20: Agreements with certain harbour authorities

94.This section makes additional provision in relation to agreements with harbour authorities which are local authorities. This provision is consequent upon the changes made to local government decision-making under the Local Government Act 2000.

95.Under that Act and subordinate legislation each function of a principal local authority is administered either directly by the full council or through executive arrangements, depending on the function. Detailed arrangements for the performance of the functions are specified in regulations made under section 13 of the 2000 Act.

96.Where, by agreement, a function is to be discharged on behalf of the MMO by a local authority exercising the functions of a harbour authority, the allocation of responsibility for the performance of that type of function under the 2000 Act and subordinate legislation (whether full council or executive) will apply. The full council (or executive, as applicable) of that authority may use various usual powers of delegation (for example to committees and officers of that same authority) to perform the function.

97.This section also enables local authorities which are also harbour authorities to work together jointly to carry out functions delegated to them by the MMO.

Section 21: Supplementary provisions with respect to agreements

98.Subsection (1) of this section requires agreements, and approvals for them, to be in writing and subsection (2) states that any such agreements must be published.

99.Subsection (3) provides that no power of a Minister of the Crown (under the Act or any other legislation) to give directions to a statutory body may be used to require that body to enter into an agreement or to prohibit it from doing so.

100.Subsection (4) applies Schedule 15 to the Deregulation and Contracting Out Act 1994 (relating to the disclosure of information)  to bodies exercising functions under an agreement. This imposes requirements on each contracting body concerning the handling of confidential information and the situations where sharing of information between the contracting bodies is permitted.

Section 22: Interpretation of the Chapter

101.This section sets out how certain terms used within Chapter 3 of Part 1 should be interpreted.

Chapter 4: Miscellaneous, General and Supplemental Provisions

102.This Chapter gives the MMO general powers and duties, makes financial provisions for the MMO and sets out how the Secretary of State may give it guidance and directions. It also provides for the transfer of property, rights and liabilities to the MMO.

Section 23: MMO’s role in relation to applications for development consent

103.This section amends certain sections of the Planning Act 2008 to set out the MMO’s role in relation to development consents. It inserts a reference to the MMO into section 42 of the Planning Act 2008 as a body that must be consulted in any case where the proposed development would affect, or would be likely to affect, any of the areas where the MMO operates and where the Infrastructure Planning Commission (IPC) also operates. The areas in question are waters in or adjacent to England and waters in the renewable energy zone, the exclusive economic zone or the continental shelf (but not where Scottish Ministers have functions).

104.This section also inserts references to the MMO into section 56 of the Planning Act 2008 as a body that must be notified, and into section 102 of that Act as an interested party, for any case where an application has been accepted by the IPC for a development that involves an activity in the areas where the MMO operates and where the IPC also operates. This ensures that the MMO is notified of accepted applications and may then be involved throughout the examination of those applications.

105.Subsection (7) places a duty on the Secretary of State to issue guidance to the MMO on the kind of representations it may make in the cases above.

General Powers and Duties
Section 24: Research

106.This section gives the MMO powers to undertake research on matters relevant to its functions or its general objective, either by itself or in association with others, and to commission or support others to undertake such research. The MMO must make the results of this research available on request, unless it is the kind of information that could be withheld under the Freedom of Information Act 2000, the Environmental Information Regulations 2004 or any other legislation.

Section 25: Advice, assistance and training facilities

107.This section specifies the MMO’s duties and powers to provide advice and assistance, and the use of training facilities, to the Secretary of State, public bodies and any other person.

Section 26: Provision of information etc

108.This section enables the MMO to publish documents and provide information about anything relating to its general objective or any of its functions.

Section 27: Power to charge for services

109.This section enables the MMO to make a reasonable charge for any services it provides (on a cost-recovery basis). Subsection (2) makes specific provision for the MMO to charge fees in respect of functions it might exercise on behalf of the Welsh Ministers or a Northern Ireland department. Examples of other types of service for which the MMO may charge are set out in subsection (3).

Section 28: Provision of information by the MMO to the Secretary of State

110.The MMO will be accountable to the Secretary of State, who will from time to time require, in writing, information from the MMO relating to the performance of its functions. This includes information which the MMO may reasonably be required to obtain from others. Subsection (1) of this section places the MMO under an obligation to provide the Secretary of State with this information.

Section 29: Power to bring proceedings

111.The MMO will have responsibilities for enforcement in the marine area, including bringing prosecutions where appropriate. This section makes provision with respect to the powers of the MMO to pursue criminal proceedings and proceedings for the recovery of monetary penalties imposed under this Act.

112.This section also allows the MMO to designate non-legally qualified staff to conduct certain types of litigation in magistrates’ courts and to exercise certain rights of audience in magistrates’ court proceedings.

Section 30: Continuation of certain existing prosecutions

113.This section allows the MMO to continue prosecutions that have already been started by the Secretary of State (including prosecutions started by the Marine and Fisheries Agency) where those prosecutions are for offences related to functions transferred to the MMO or are for offences under fisheries legislation.

Section 31: Incidental powers

114.This section allows the MMO to take action which will help it to exercise its functions and meet its general objective. The section sets out some of the particular activities that the MMO may need to undertake such as borrowing money, holding property, and investing money.

Financial Provisions

115.These sections put in place the financial arrangements needed to enable the MMO to carry out its responsibilities.

Section 32: Grants

116.This section enables the Secretary of State to make the appropriate funds available to the MMO by way of grant.

Section 33: Borrowing powers

117.This section allows the MMO to borrow money as necessary to enable it to carry out its functions. The money may be borrowed from the Secretary of State or from others with the agreement of the Secretary of State. The Secretary of State may make his agreement conditional on, for example, the MMO repaying the loan by a certain date.

Section 34: Limit on borrowing

118.This section limits the MMO’s ability to borrow to £20 million, although the Secretary of State may increase this (up to £80 million) by order, subject to approval by the House of Commons.

Section 35: Government loans

119.This section enables the Secretary of State to lend money to the MMO and makes the loan subject to any appropriate repayment conditions. It requires the Secretary of State to keep an account of the amounts loaned and received, and to make this available to the Comptroller and Auditor General for audit purposes. Both the account and the auditor’s report must be laid before Parliament. In accordance with Government financial procedural requirements, the Secretary of State is required to pay into the Consolidated Fund any repayments of principal, and any payments of interest, made by the MMO.

Section 36: Government guarantees

120.This section allows the Secretary of State to guarantee loans, interest and other financial obligations of the MMO.

121.If a guarantee is given under the section, the Secretary of State must lay a statement before each House of Parliament.

122.If any sum is paid out in fulfilment of such a guarantee, the Secretary of State must also lay a statement before each House of Parliament and the MMO must make such payments to the Secretary of State towards repayment of the sum, or by way of interest on the outstanding balance, as the Secretary of State may direct.

Directions and guidance

123.Whilst the MMO is intended to operate free from Ministerial interference in its day to day affairs, Ministers may need to issue guidance or directions to the MMO. Such guidance or directions are likely to change over time in order to take account of any alterations to the functions of the MMO, or changing priorities in relation to the marine environment, and may be used to ensure that the MMO does not act in a way that is inconsistent with its functions or general objective.

Section 37: Directions by the Secretary of State

124.This section enables the Secretary of State, following consultation, to give general or specific directions to the MMO regarding the exercise of its functions. This includes directions in relation to international agreements to which the United Kingdom or European Union is a party, as several such agreements relate to the marine area and may be relevant to the way in which the MMO is to exercise its functions. The MMO must comply with these directions. The Secretary of State must publish notice of any directions given to the MMO. The MMO must make copies of any directions available to the public, for which it may charge a reasonable fee.

Section 38: Guidance by the Secretary of State

125.This section provides for the Secretary of State to issue guidance to the MMO regarding the exercise of its functions. The MMO must have regard to any guidance issued (including guidance on its general objective under section 2). Before issuing guidance, the Secretary of State must consult the MMO and any other body that the Secretary of State considers appropriate.

Transfer schemes etc
Section 39: Transfer schemes

126.This section enables the Secretary of State to make schemes to transfer to the MMO property, rights and liabilities of Defra (including those of the Marine and Fisheries Agency), other Government Departments, Ministers and statutory bodies.

127.This section also allows the transfer of any property, rights and liabilities from the MMO to Ministers, Government Departments and statutory bodies.

128.This section allows transfers to take place when the MMO is established and when functions are transferred to it. The Secretary of State may also make schemes on other occasions to transfer property, rights or liabilities to and from the Secretary of State and the MMO: it might, for example, be necessary in the future for the MMO to hold property in its own right, and a transfer scheme would be needed to transfer this property between bodies.

129.The MMO will be undertaking new functions created by the Act but is also taking over existing functions currently discharged by the Marine and Fisheries Agency, Defra, the Department of Energy and Climate Change and the Department for Transport. This section enables resources (including staff) currently being deployed to discharge these functions to be transferred to the MMO.

130.Reference is made to Schedule 3 where further provisions relating to transfer schemes are set out.

Section 40: Interim arrangements

131.This section allows the Secretary of State to require a Government Department, Minister or other statutory body to make staff, premises or other facilities available to the MMO on a temporary basis. This is intended to cover any period of transition between the MMO taking on functions previously discharged by that body and any transfer scheme taking effect.