Search Legislation

Marine and Coastal Access Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Marine and Coastal Access Act 2009 is up to date with all changes known to be in force on or before 29 May 2016. There are changes that may be brought into force at a future date. Changes that have been made 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):

Schedules

Section 1

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

Status of the MMOE+W+S+N.I.

1(1)The MMO is a body corporate.E+W+S+N.I.

(2)The MMO is not to be regarded—

(a)as a servant or agent of the Crown,

(b)as enjoying any status, privilege or immunity of the Crown, or

(c)as exempt, by virtue of any connection with the Crown, from any tax, duty, rate, levy or other charge whatsoever, whether general or local,

and the property of the MMO is not to be regarded as property of, or held on behalf of, the Crown.

(3)Accordingly, employees of the MMO are not to be regarded as—

(a)servants or agents of the Crown, or

(b)enjoying any status, immunity or privilege of the Crown.

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

I1Sch. 1 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

The chair of the MMOE+W+S+N.I.

2A person (the “chair of the MMO”) is to be appointed by the Secretary of State to chair the MMO.E+W+S+N.I.

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

I2Sch. 1 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

MembershipE+W+S+N.I.

3(1)The members of the MMO are to be—E+W+S+N.I.

(a)the person who is for the time being the chair of the MMO, and

(b)not fewer than 5, nor more than 8, other members (“ordinary members”) who are to be appointed by the Secretary of State.

(2)The Secretary of State must consult the chair of the MMO before appointing any of the ordinary members.

(3)If a person who is an ordinary member is to become the chair of the MMO, the appointment as ordinary member ceases immediately before the person becomes the chair of 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

I3Sch. 1 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

The deputy chair of the MMOE+W+S+N.I.

4The Secretary of State may appoint one of the ordinary members to be the deputy chair of the MMO (“the deputy chair”).E+W+S+N.I.

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

I4Sch. 1 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Considerations in making appointmentsE+W+S+N.I.

5In appointing any person to be the chair of the MMO or an ordinary member, the Secretary of State must have regard to the desirability—E+W+S+N.I.

(a)of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the MMO's functions, and

(b)of securing that a variety of skills and experience is available among the members.

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

I5Sch. 1 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Power to amend the numbers of members specified in paragraph 3(1)E+W+S+N.I.

6(1)The Secretary of State may by order amend paragraph 3(1) so as to substitute a different number for any of the numbers for the time being specified there.E+W+S+N.I.

(2)An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that it provides that there may be fewer than 5 ordinary members.

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

I6Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent see s. 324(1)(c)

I7Sch. 1 para. 6 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 1

Terms of appointmentE+W+S+N.I.

7(1)A person appointed as—E+W+S+N.I.

(a)the chair of the MMO, or

(b)an ordinary member,

holds and vacates office in accordance with the terms of the appointment.

(2)A person appointed as the deputy chair holds and vacates that office in accordance with any particular terms of appointment there may be in the case of that appointment in addition to the terms of the person's appointment as an ordinary member.

(3)Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.

(4)The terms of appointment to any office in any particular case are to be such as the Secretary of State may determine.

(5)No appointment is to be for longer than 5 years.

(6)No person may be a member for a total period of more than 10 years (whether or not continuous).

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

I8Sch. 1 para. 7 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Resignation from officeE+W+S+N.I.

8A person may, by giving notice to the Secretary of State, resign from office as—E+W+S+N.I.

(a)the chair of the MMO,

(b)the deputy chair, or

(c)an ordinary member.

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

I9Sch. 1 para. 8 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Suspension from, or termination of, officeE+W+S+N.I.

9(1)The Secretary of State may suspend or terminate the appointment of any person as the chair of the MMO, the deputy chair, or an ordinary member, if—E+W+S+N.I.

(a)the person has become bankrupt or made an arrangement with creditors,

(b)the person's estate has been sequestrated in Scotland or the person has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, granted a trust deed for creditors,

(c)the person has been absent from meetings of the MMO for a period of more than 6 months without the permission of the MMO,

(d)the person is disqualified from acting as a company director,

(e)the person has been convicted (whether before or after appointment) of a criminal offence, the conviction not being spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53),

or if the person is, in the opinion of the Secretary of State, unable or unfit to discharge the functions of the appointment for any other reason.

(2)A person whose appointment as the chair of the MMO is suspended is accordingly also suspended as a member.

(3)If a person's appointment as an ordinary member is suspended, any appointment of that person as the deputy chair is also suspended.

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

I10Sch. 1 para. 9 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Eligibility for re-appointmentE+W+S+N.I.

10A person who ceases to hold any of the following offices—E+W+S+N.I.

(a)chair of the MMO,

(b)deputy chair,

(c)ordinary member,

is not by reason of that cessation prevented from subsequently being re-appointed to that office (or, in the case of paragraph (a) or (c), from subsequently becoming a member again).

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

I11Sch. 1 para. 10 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Members' remuneration and allowancesE+W+S+N.I.

11The MMO may pay to its members such remuneration and allowances as the Secretary of State may determine.E+W+S+N.I.

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

I12Sch. 1 para. 11 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Pensions, allowances and gratuitiesE+W+S+N.I.

12If required to do so by the Secretary of State, the MMO must—E+W+S+N.I.

(a)pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a member;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such 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

I13Sch. 1 para. 12 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Compensation for loss of officeE+W+S+N.I.

13If—E+W+S+N.I.

(a)a person ceases to be a member, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation,

the Secretary of State may require the MMO to make such payments to the person as the Secretary of State may 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

I14Sch. 1 para. 13 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Chief executiveE+W+S+N.I.

14(1)The MMO must appoint a person to be its chief executive.E+W+S+N.I.

(2)The person appointed must have been approved by the Secretary of State.

(3)The chief executive is an employee of the MMO.

(4)The Secretary of State may appoint the first chief executive.

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

I15Sch. 1 para. 14 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Chief scientific adviserE+W+S+N.I.

15(1)The MMO must appoint a person to be its chief scientific adviser.E+W+S+N.I.

(2)The chief scientific adviser is an employee of the MMO.

(3)The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

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

I16Sch. 1 para. 15 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Other staffE+W+S+N.I.

16(1)The MMO may appoint other employees.E+W+S+N.I.

(2)The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

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

I17Sch. 1 para. 16 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Staff remuneration and allowancesE+W+S+N.I.

17(1)The MMO may pay such remuneration and allowances as it may determine to any of its employees.E+W+S+N.I.

(2)The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of 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

I18Sch. 1 para. 17 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Staff pensions etcE+W+S+N.I.

18(1)The MMO may—E+W+S+N.I.

(a)pay such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the MMO;

(b)pay such sums as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.

(2)The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of 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

I19Sch. 1 para. 18 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Staff superannuationE+W+S+N.I.

19(1)Employment with the MMO is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.E+W+S+N.I.

(2)Accordingly, in Schedule 1 to that Act (kinds of employment to which the Act applies) insert at the appropriate place—

Marine Management Organisation.

(3)The MMO must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under 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

I20Sch. 1 para. 19 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

ProcedureE+W+S+N.I.

20Subject to the following provisions of this Schedule, the MMO may regulate—E+W+S+N.I.

(a)its own procedure (including quorum), and

(b)the procedure of any of its committees or sub-committees (including quorum).

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

I21Sch. 1 para. 20 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Delegation of functionsE+W+S+N.I.

21(1)The MMO may authorise a committee, sub-committee, member or employee of the MMO to exercise any of the MMO's functions.E+W+S+N.I.

(2)The MMO must keep a record of any authorisations under sub-paragraph (1).

(3)Sub-paragraph (1) does not—

(a)prevent the MMO from exercising the function itself, or

(b)affect the power of the MMO to authorise an employee of the MMO to carry out functions of 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

I22Sch. 1 para. 21 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Membership of committees and sub-committeesE+W+S+N.I.

22(1)A committee or sub-committee may include persons who are not members of the MMO.E+W+S+N.I.

(2)The MMO may pay such remuneration and allowances as it may determine to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member of the MMO.

(3)The MMO may only make a determination under sub-paragraph (2) with the approval of the Secretary of 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

I23Sch. 1 para. 22 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Validity of proceedingsE+W+S+N.I.

23The validity of anything done by the MMO, or by any committee or sub-committee of the MMO, is not affected by any of the following—E+W+S+N.I.

(a)any vacancy in the office of chair of the MMO or chair of the committee or sub-committee,

(b)any deficiency in the number of ordinary members or in the number of members of the committee or sub-committee,

(c)any defect in, or suspension of, any person's appointment as the chair or other member of the MMO or of the committee or sub-committee.

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

I24Sch. 1 para. 23 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Application of seal and proof of documentsE+W+S+N.I.

24(1)The application of the MMO's seal must be authenticated by the signature of—E+W+S+N.I.

(a)a member who is authorised (generally or specially) for that purpose, or

(b)an employee of the MMO who is so authorised.

(2)A document purporting to be duly executed under the seal of the MMO is to be received in evidence and taken to be so executed, unless the contrary is shown.

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

I25Sch. 1 para. 24 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Documents served etc by the MMOE+W+S+N.I.

25(1)Any document which the MMO is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the MMO by any member or employee of the MMO who has been authorised for the purpose, whether generally or specially, by the MMO.E+W+S+N.I.

(2)Every document purporting—

(a)to be an instrument made or issued by or on behalf of the MMO, and

(b)to be signed by a person authorised by the MMO for the purpose,

is to be received in evidence and taken to be so made or issued, unless the contrary is shown.

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

I26Sch. 1 para. 25 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Annual reportE+W+S+N.I.

26(1)For each financial year, the MMO must prepare an annual report on how it has discharged its functions during the year.E+W+S+N.I.

(2)The MMO must send the report to the Secretary of State as soon as possible after the end of the year to which it relates.

(3)The Secretary of State must lay a copy of the report before each House of Parliament.

(4)In this paragraph “financial year” means—

(a)the period that—

(i)begins with the day on which the MMO is established, and

(ii)ends with the next 31st March,

(b)each subsequent period of 12 months ending with 31st March.

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

I27Sch. 1 para. 26 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Accounts and recordsE+W+S+N.I.

27(1)The MMO must keep proper accounts and proper records in relation to the accounts.E+W+S+N.I.

(2)For each financial year, the MMO must prepare a statement of accounts in respect of that financial year.

(3)The statement must be in such form as the Secretary of State may direct.

(4)Within such period as the Secretary of State may direct, the MMO must send a copy of the statement to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(5)In this paragraph “financial year” has the same meaning as in paragraph 26.

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

I28Sch. 1 para. 27 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

AuditE+W+S+N.I.

28(1)This paragraph applies where, in pursuance of paragraph 27, the MMO has sent a copy of a statement of accounts to the Comptroller and Auditor General.E+W+S+N.I.

(2)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

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

(3)The Secretary of State must lay before each House of Parliament a copy of the certified statement and of the report.

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

I29Sch. 1 para. 28 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Duty to provide information to the Secretary of StateE+W+S+N.I.

29(1)The MMO must provide the Secretary of State with—E+W+S+N.I.

(a)copies of such returns or accounts, or

(b)such information,

as the Secretary of State may require.

(2)Sub-paragraph (1) applies only in relation to accounts, returns or information relating to—

(a)the MMO's property, or

(b)the discharge, or proposed discharge, of the MMO's functions.

(3)The MMO must also—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the MMO, and

(b)provide such explanation of them as the Secretary of State or that person may require.

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

I30Sch. 1 para. 29 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Section 1

Schedule 2E+W+S+N.I.Minor and consequential amendments relating to the MMO

Public Records Act 1958 (c. 51)E+W+S+N.I.

1In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 insert at the appropriate place—E+W+S+N.I.

The Marine Management Organisation.

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

I31Sch. 2 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Parliamentary Commissioner Act 1967 (c. 13)E+W+S+N.I.

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place—E+W+S+N.I.

The Marine Management Organisation.

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

I32Sch. 2 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

3In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—E+W+S+N.I.

The Marine Management Organisation.

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

I33Sch. 2 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Race Relations Act 1976 (c. 74)E+W+S+N.I.

4[F1In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) insert at the appropriate place under the heading “ Other Bodies, Etc. ”E+W+S+N.I.

The Marine Management Organisation.]

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.

Amendments (Textual)

Commencement Information

I34Sch. 2 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Inheritance Tax Act 1984 (c. 51)E+W+S+N.I.

5In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc) after the entry for the Countryside Council for Wales insert—E+W+S+N.I.

The Marine Management Organisation.

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

I35Sch. 2 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

6In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) insert at the appropriate place—E+W+S+N.I.

The Marine Management Organisation.

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

I36Sch. 2 para. 6 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 1

Section 39

Schedule 3E+W+S+N.I.Transfer schemes

IntroductoryE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • transferor” means the person from whom any property, rights or liabilities are transferred;

  • transferee” means the person to whom any property, rights or liabilities are transferred.

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

I37Sch. 3 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

The property, rights and liabilities that may be transferredE+W+S+N.I.

2(1)A scheme may provide for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned.E+W+S+N.I.

(2)A scheme may provide for the transfer of any property, rights or liabilities to take effect regardless of any such—

(a)contravention,

(b)liability, or

(c)interference with an interest or right,

as there would be (apart from this sub-paragraph) by reason of an inhibiting provision.

(3)For the purposes of sub-paragraph (2) an “inhibiting provision” is a provision having effect (whether under an enactment or an agreement or in any other way) in relation to the terms on which the transferor is entitled to the property or right, or is subject to the liability, that is the subject of the transfer.

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

I38Sch. 3 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Creation and apportionment of property, rights or liabilitiesE+W+S+N.I.

3(1)A scheme may—E+W+S+N.I.

(a)create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b)create for the transferee interests in or rights over property retained by the transferor;

(c)create rights or liabilities between the transferor and the transferee.

(2)In this Schedule, any reference—

(a)to the transfer of interests, rights or liabilities by virtue of a scheme, or

(b)to any interests, rights or liabilities transferred by virtue of a scheme,

includes a reference to the creation of interests, rights or liabilities, or to interests, rights or liabilities created, by virtue of sub-paragraph (1).

(3)A scheme may make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the transferee with respect to the subject matter of the scheme.

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

I39Sch. 3 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Vesting certificatesE+W+S+N.I.

4A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence of that fact for all purposes.E+W+S+N.I.

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

I40Sch. 3 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Employment contractsE+W+S+N.I.

5(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.E+W+S+N.I.

(2)The contract of employment—

(a)is not terminated by the transfer, and

(b)has effect from the transfer date as if made between the employee and the transferee.

(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5)This paragraph is subject to paragraph 6.

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

I41Sch. 3 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Employee expressing objection to transfer of contract of employmentE+W+S+N.I.

6(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee objects to the transfer and informs the transferor or transferee of that objection.E+W+S+N.I.

(2)If the employee informs the transferor or transferee of an objection under sub-paragraph (1)—

(a)the employee's contract of employment is terminated immediately before the transfer date, but

(b)the employee is not to be treated, for any purpose, as having been dismissed by the transferor.

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

I42Sch. 3 para. 6 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Right to terminate contract of employment for substantial detrimental change in conditionsE+W+S+N.I.

7Nothing in this Schedule affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in the person's working conditions.E+W+S+N.I.

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

I43Sch. 3 para. 7 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Civil servantsE+W+S+N.I.

8(1)This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.E+W+S+N.I.

(2)In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a)the individual is to be treated as employed by virtue of a contract of employment,

(b)the terms of that employment are to be regarded as constituting the terms of that contract, and

(c)the reference in paragraph 6 to dismissal by the transferor is to be read as a reference to termination of that employment.

(3)In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of the individual's contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of the individual's employment in the civil service of the 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

I44Sch. 3 para. 8 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

CompensationE+W+S+N.I.

9A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by the scheme.E+W+S+N.I.

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

I45Sch. 3 para. 9 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

ValidityE+W+S+N.I.

10A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.E+W+S+N.I.

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

I46Sch. 3 para. 10 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

ContinuityE+W+S+N.I.

11(1)Anything which—E+W+S+N.I.

(a)is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(2)There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

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

I47Sch. 3 para. 11 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

DocumentsE+W+S+N.I.

12In any document which—E+W+S+N.I.

(a)relates to anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

any reference to the transferor is to be read as a reference to the transferee.

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

I48Sch. 3 para. 12 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

RemediesE+W+S+N.I.

13As from the date on which a transfer takes effect—E+W+S+N.I.

(a)the transferee, and

(b)any other persons,

are to have the same rights, powers and remedies with regard to any right or liability transferred as if the right or liability had at all times been a right or liability of the transferee.

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

I49Sch. 3 para. 13 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Interim arrangementsE+W+S+N.I.

14(1)A scheme may include provision requiring a transferor to make available to a transferee during any interim period any of the following—E+W+S+N.I.

(a)any designated premises or facilities occupied or used by the transferor;

(b)any designated officers or employees of the transferor.

(2)In this paragraph “interim period”, in the case of any transfer by virtue of a scheme, means a period—

(a)beginning with the day following the making of the scheme, and

(b)ending with the date on which the transfer takes 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

I50Sch. 3 para. 14 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Retrospective modification of schemesE+W+S+N.I.

15(1)If, at any time after a scheme has come into force, the Secretary of State considers it appropriate to do so, the Secretary of State may direct that the scheme shall be taken to have come into force with such modifications as may be specified in the direction.E+W+S+N.I.

(2)A direction under this paragraph—

(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and

(b)in connection with giving effect to that provision from that time, may contain such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.

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

I51Sch. 3 para. 15 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Incidental, consequential, supplemental or transitional provision or savingsE+W+S+N.I.

16A scheme may include such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.E+W+S+N.I.

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

I52Sch. 3 para. 16 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 5

Sections 41 and 43

Schedule 4E+W+S+N.I.Exclusive economic zone and Welsh zone: consequential amendments

Part 1 E+W+S+N.I.Exclusive economic zone

Continental Shelf Act 1964E+W+S+N.I.

1(1)Section 8 of the Continental Shelf Act 1964 (c. 29) (application of the Submarine Telegraph Act 1885 (c. 49) to pipe-lines and submarine cables) is amended as follows.E+W+S+N.I.

(2)In subsection (1A) (submarine cables and pipe-lines under waters in an area designated under section 1(7) of the 1964 Act) for “section 1(7) of this Act” substitute “ section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic 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

I53Sch. 4 para. 1 in force at 31.3.2014 by S.I. 2013/3055, art. 2

Fishery Limits Act 1976E+W+S+N.I.

2(1)Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)Subject to the following provisions of this section, British fishery limits extend to the seaward limits of any area for the time being designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone)..

(3)In consequence of the amendment made by sub-paragraph (2), subsections (3) and (4) of that section cease to have effect.

(4)Her Majesty may by Order in Council repeal, substitute or amend section 1 of the Fishery Limits Act 1976 (British fishery limits), in so far as it extends to the Channel Islands or the Isle of Man, to make appropriate provision in consequence of the creation of the exclusive economic zone.

(5)An Order in Council under sub-paragraph (4) may—

(a)make incidental, consequential, supplementary or transitional provision or savings;

(b)make different provision for different cases.

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

I54Sch. 4 para. 2 partly in force; Sch. 4 para. 2 in force for specified purposes at Royal Assent see s. 324(1)(c)

I55Sch. 4 para. 2 in force at 31.3.2014 in so far as not already in force by S.I. 2013/3055, art. 2

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996E+W+S+N.I.

3(1)Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282) (provision that may be made by regulations) is amended as follows.E+W+S+N.I.

(2)In paragraph (2)(g) (power to specify areas of sea in which jurisdiction and rights of the United Kingdom are exercisable) for “above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964” substitute “ within any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone) ”.

(3)After paragraph (2)(g), insert—

(h)varying the area within which areas may for the time being be specified under paragraph (g) to such area as may be specified or described in the regulations..

(4)The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation.

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

I56Sch. 4 para. 3 in force at 31.3.2014 by S.I. 2013/3055, art. 2

Energy Act 2004E+W+S+N.I.

4(1)Section 84 of the Energy Act 2004 (c. 20) (exploitation of areas outside the territorial sea for energy production) is amended as follows.E+W+S+N.I.

(2)For subsection (4) substitute—

(4)The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)—

(a)is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but

(b)if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from 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

I57Sch. 4 para. 4 in force at 31.3.2014 by S.I. 2013/3055, art. 2

Energy Act 2008E+W+S+N.I.

5(1)The Energy Act 2008 (c. 32) is amended as follows.E+W+S+N.I.

(2)In section 1 (exploitation of areas outside the territorial sea for gas importation and storage), for subsection (5) substitute—

(5)The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)—

(a)is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but

(b)if Her Majesty by Order in Council declares that the Gas Importation and Storage Zone extends to such other area as may be specified in the Order, is the area resulting from the Order..

(3)In section 35 (interpretation of Chapter 3), in subsection (1), for the definition of “Gas Importation and Storage Zone” substitute—

“ “Gas Importation and Storage Zone” is to be read in accordance with section 1(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

I58Sch. 4 para. 5 partly in force; Sch. 4 para. 5 in force for specified purposes at Royal Assent see s. 324(1)(c)

I59Sch. 4 para. 5 in force at 31.3.2014 in so far as not already in force by S.I. 2013/3055, art. 2

Part 2 E+W+S+N.I.Welsh zone

Government of Wales Act 2006E+W+S+N.I.

6(1)The Government of Wales Act 2006 (c. 32) is amended as follows.E+W+S+N.I.

(2)In section 37(2) (power of Assembly to call for witnesses and documents) after “Wales” insert “ or the Welsh zone ”.

(3)In section 58 (transfer of Ministerial functions)—

(a)in subsection (1)(a), after “Wales” insert “ or the Welsh zone ”,

(b)in subsection (1)(c), after “Wales” insert “ or the Welsh zone ”, and

(c)after subsection (1) insert—

(1A)An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.

(1B)Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).

(4)In section 59 (implementation of [F2EU] law)—

(a)in subsection (4)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”, and

(b)in subsection (7)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”.

(5)In section 80(2)(b) ([F2EU] law) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(6)In section 82(5)(b) (international obligations) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(7)In section 155(1)(b) (functions exercisable in relation to Wales) after “Wales” insert “ or the Welsh zone ”.

(8)In section 159 (index of defined expressions), insert at the appropriate place—

“Welsh zone”section 158(1), (3) and (4).
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.

Amendments (Textual)

Commencement Information

I60Sch. 4 para. 6 partly in force; Sch. 4 para. 6 in force for specified purposes at Royal Assent see s. 324(1)(d)

I61Sch. 4 para. 6 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 7

Sections 44 and 47

Schedule 5E+W+S+N.I.Preparation of an MPS or of amendments of an MPS

IntroductoryE+W+S+N.I.

1Before any policy authorities publish a relevant document, they must comply with the requirements imposed by the following provisions of this Schedule.E+W+S+N.I.

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

I62Sch. 5 para. 1 wholly in force at 12.1.2010; Sch. 5 para. 1 in force for specified purposes at Royal Assent see s. 324(1)(a)(i); Sch. 5 para. 1 in force in so far as not already in force at 12.1.2010 see s. 324(2)(a)

InterpretationE+W+S+N.I.

2(1)In this Schedule—E+W+S+N.I.

  • consultation draft” is to be read in accordance with paragraph 8;

  • the final text” means that draft of the relevant document which is adopted by the relevant authorities and published by them under paragraph 12 as the relevant document;

  • the relevant authorities” means the policy authorities that publish the relevant document;

  • relevant document” means—

    (a)

    an MPS, or

    (b)

    amendments of an MPS;

  • SPP” means a statement of public participation under paragraph 4.

(2)In this Schedule—

(a)any reference to each, some or any of the relevant authorities is a reference to those authorities separately,

(b)any other reference to the relevant authorities is a reference to those authorities acting jointly.

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

I63Sch. 5 para. 2 wholly in force at 12.1.2010; Sch. 5 para. 2 in force for specified purposes at Royal Assent see s. 324(1)(a)(i); Sch. 5 para. 2 in force in so far as not already in force at 12.1.2010 see s. 324(2)(a)

Consultation in Northern IrelandE+W+S+N.I.

3(1)If one of the relevant authorities is the Department of the Environment in Northern Ireland, that Department must consult the other relevant Northern Ireland departments—E+W+S+N.I.

(a)during the preparation of the consultation draft, and

(b)during the settling of the final text.

(2)For the purposes of this paragraph, the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participationE+W+S+N.I.

4(1)The relevant authorities must prepare and publish a statement of public participation (an “SPP”).E+W+S+N.I.

(2)An SPP is a statement of the policies settled by the relevant authorities for or in connection with the involvement of interested persons in the preparation of the relevant document.

(3)The relevant authorities must publish the SPP in a way calculated to bring it to the attention of interested persons.

(4)In this paragraph “interested persons” means—

(a)any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b)members of the general public.

(5)Each of the relevant authorities must take all reasonable steps to comply with the SPP.

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

I64Sch. 5 para. 4 wholly in force at 12.1.2010; Sch. 5 para. 4(1)-(4) in force at Royal Assent see s. 324(1)(a)(i); Sch. 5 para. 4 in force in so far as not already in force at 12.1.2010 see s. 324(2)(a)

Further provision about the content of an SPPE+W+S+N.I.

5(1)An SPP must include a proposed timetable.E+W+S+N.I.

(2)The proposed timetable must include such provision as the relevant authorities consider reasonable for each of the following—

(a)the preparation and publication of a consultation draft under paragraph 8 (including the carrying out of the sustainability appraisal under paragraph 7);

(b)the making of representations about the consultation draft;

(c)the consideration of representations under paragraph 9 and the settling of the final text;

(d)the adoption and publication of the relevant document.

(3)An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4)An SPP must include provision about the making of representations under paragraph 9 about the consultation draft, including provision about—

(a)the manner in which representations may be made;

(b)the time within which representations must be made.

(5)An SPP must state the period which it is proposed will be allocated for legislative scrutiny of the consultation draft under paragraph 10 (resolution or recommendations by appropriate legislative body or committee).

Review and revision of an SPPE+W+S+N.I.

6(1)The relevant authorities must keep the SPP under review.E+W+S+N.I.

(2)If at any time the relevant authorities consider it necessary or expedient to revise the SPP, they must do so.

(3)Where the relevant authorities revise the SPP, they must publish it as revised.

(4)Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Sustainability appraisalE+W+S+N.I.

7(1)The relevant authorities must carry out an appraisal of the sustainability of their proposals for inclusion in the relevant document.E+W+S+N.I.

(2)The relevant authorities may proceed with those proposals only if they consider that the results of the appraisal indicate that it is appropriate to do so.

(3)The relevant authorities must publish a report of the results of the appraisal.

(4)The report is to be published when the relevant authorities publish the consultation draft under paragraph 8.

Preparation and publication of a consultation draftE+W+S+N.I.

8(1)The relevant authorities must prepare and publish a draft of the proposed relevant document (the “consultation draft”).E+W+S+N.I.

(2)The relevant authorities must publish the consultation draft in such manner as they consider appropriate.

(3)They must also take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(4)In sub-paragraph (3) “interested persons” means—

(a)any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b)members of the general public.

Representations about the consultation draftE+W+S+N.I.

9(1)Any person may make representations about the consultation draft.E+W+S+N.I.

(2)Any such representations are to be made in accordance with the SPP.

(3)If any representations are made about the consultation draft, the relevant authorities must consider them in the course of settling the final text.

The appropriate legislative procedureE+W+S+N.I.

10(1)A policy authority must not adopt the final text unless it has complied with the requirements of this paragraph.E+W+S+N.I.

(2)The policy authority must lay a copy of the consultation draft before the appropriate legislature.

(3)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.

(4)If during the period allocated to it for legislative scrutiny of the consultation draft—

(a)an appropriate legislative body makes a resolution with regard to the consultation draft, or

(b)an appropriate legislative committee makes recommendations with regard to the consultation draft,

sub-paragraph (5) applies.

(5)The policy authority must lay before the appropriate legislature a statement setting out the policy authority's response to the resolution or recommendations.

(6)The period allocated to an appropriate legislative body or appropriate legislative committee for legislative scrutiny of the consultation draft is such period as the policy authority may specify.

(7)The policy authority must specify the period allocated for legislative scrutiny of the consultation draft on or before the day on which a copy of that draft is laid before the appropriate legislature under sub-paragraph (2).

(8)In this paragraph—

  • appropriate legislative body” means—

    (a)

    in the case of the Secretary of State, either House of Parliament;

    (b)

    in the case of any other policy authority, the appropriate legislature;

  • appropriate legislative committee” means—

    (a)

    in the case of the Secretary of State, a committee of either House of Parliament;

    (b)

    in the case of any other policy authority, a committee of the appropriate legislature.

Differences between the consultation draft and the final textE+W+S+N.I.

11(1)This paragraph applies if there are any differences between—E+W+S+N.I.

(a)the proposed policies, statements and information contained in the consultation draft, and

(b)the policies, statements and information contained in the final text.

(2)When the relevant authorities publish the relevant document, they must also publish—

(a)a summary of the differences, and

(b)a statement of the reasons for them.

Adoption and publication of the relevant documentE+W+S+N.I.

12(1)A policy authority adopts the final text by—E+W+S+N.I.

(a)deciding that the final text is to be published as the relevant document, and

(b)giving notice of that decision to each of the other policy authorities.

(2)The relevant document is to be published by the relevant authorities, acting jointly, as soon as reasonably practicable after the final text has been adopted by each of them.

(3)If the final text has been adopted by one or more, but not all, of the policy authorities, the authorities that have not adopted the final text must be allowed a reasonable period in which to do so before the relevant document is published.

Validity of document where policy authority participates in preparation but does not adoptE+W+S+N.I.

13(1)If any policy authority—E+W+S+N.I.

(a)participates to any extent in the preparation of a relevant document, but

(b)does not adopt the final text,

sub-paragraph (2) applies.

(2)The participation of the policy authority in the preparation of the relevant document does not affect the validity of—

(a)the relevant document, or

(b)the adoption of that document by any of the other policy authorities.

Section 51

Schedule 6E+W+S+N.I.Marine plans: preparation and adoption

Marine plan authority to notify related planning authorities of decision to prepare planE+W+S+N.I.

1(1)A marine plan authority which decides to prepare a marine plan for a marine plan area must, before beginning to prepare the plan, give notice of its intention to do so to each of the related planning authorities.E+W+S+N.I.

(2)The “related planning authorities” are—

(a)the Secretary of State (unless the Secretary of State is the marine plan authority);

(b)any marine plan authority whose marine planning region adjoins or is adjacent to the marine plan area;

(c)if the Scottish inshore region adjoins or is adjacent to the marine plan area, the Scottish Ministers;

(d)any local planning authority whose area adjoins or is adjacent to the marine plan area;

(e)any responsible regional authorities whose region adjoins or is adjacent to the marine plan area.

[F3(f)any strategic planning panel whose strategic planning area adjoins or is adjacent to the marine planning area.]

(3)In this paragraph—

  • local planning authority” means an authority which is—

    (a)

    a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (see section 37 of that Act),

    (aa)

    [F4a local planning authority for the purposes of Part 6 of the Planning and Compulsory Purchase Act 2004 (see section 78 of that Act),]or

    (b)

    a planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 1 of that Act);

  • responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).

  • [F5strategic planning panel” means a strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004.]

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.

Amendments (Textual)

F4Words in Sch. 6 para. 1(3) inserted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 34(3)(a)

F5Words in Sch. 6 para. 1(3) inserted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 34(3)(b)

Secretary of State to be kept informed of authority's intentions as to certain mattersE+W+S+N.I.

2(1)This paragraph applies in any case where a marine plan authority gives notice to the Secretary of State under paragraph 1(2)(a).E+W+S+N.I.

(2)The notice must state whether the marine plan authority proposes to include in the plan provision relating to retained functions (see sections 59 and 60).

(3)The notice must state whether the marine plan authority proposes so to prepare the marine plan that it will not be in conformity with any MPS which governs marine planning for the marine plan area.

(4)The marine plan authority must keep the Secretary of State informed (by giving further notices) of any changes that may from time to time occur in its intentions with respect to any of the matters mentioned in sub-paragraph (2) or (3).

Marine plans to be compatible with certain other marine plans and Planning Act plansE+W+S+N.I.

3(1)In preparing or amending a marine plan for a marine plan area in its region, a marine plan authority must take all reasonable steps to secure that the plan is compatible with the marine plan for any marine plan area (whether or not within its marine planning region) which is related to that area.E+W+S+N.I.

(2)The marine plan authority for—

(a)the English inshore region, or

(b)the Welsh inshore region,

must also take all reasonable steps to secure that any marine plan for a marine plan area in its marine planning region is compatible with the [F6relevant Planning Act plan][F6 development plan ] for any area in England, Wales or Scotland which is related to the marine plan area.

(3)For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—

(a)the one area adjoins or is adjacent to the other;

(b)the one area lies wholly or partly within the other;

(c)the whole or any part of the one area affects or is affected by the whole or any part of the other.

(4)[F7In the case of an area in England or Scotland, the “relevant Planning Act plan” is the development plan.]

(5)[F7In the case of an area in Wales, each of the following is a “relevant Planning Act plan”—

(a)the development plan;

(b)the Wales Spatial Plan.]

(6)In this paragraph—

  • “development plan”—

    (a)

    in the case of an area in England or Wales, is to be read in accordance with section 38(2) to (4) of the Planning and Compulsory Purchase Act 2004 (c. 5);

    (b)

    in the case of an area in Scotland, is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997 (c. 8);

  • [F8the Wales Spatial Plan ” means the Wales Spatial Plan under section 60 of the Planning and Compulsory Purchase Act 2004. ]

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.

Amendments (Textual)

F6Words in Sch. 6 para. 3(2)(b) substituted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 35(2)

F7Sch. 6 para. 3(4)(5) omitted (E.W) (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 35(3)

F8Words in Sch. 6 para. 3(6) omitted (E.W) (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 35(4)

Consultation in Northern IrelandE+W+S+N.I.

4(1)In the case of a marine plan for a marine plan area in the Northern Ireland offshore region, the marine plan authority must consult the relevant Northern Ireland departments—E+W+S+N.I.

(a)during the preparation of the consultation draft under paragraph 11, and

(b)during the settling of the text of the plan for adoption and publication under paragraph 15.

(2)For the purposes of this paragraph the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participationE+W+S+N.I.

5(1)Before preparing a marine plan for any marine plan area, a marine plan authority must prepare and publish a statement of public participation (an “SPP”).E+W+S+N.I.

(2)An SPP is a statement of the policies settled by the marine plan authority for or in connection with the involvement of interested persons in the preparation of the proposed marine plan.

(3)An SPP must identify (by means of a map or otherwise) the area for which the marine plan is being prepared.

(4)If the marine plan authority proposes to include provision relating to retained functions, the SPP—

(a)must state that that is the case, and

(b)may be published only with the agreement of the Secretary of State.

(5)An SPP must invite the making of representations in accordance with the SPP as to matters to be included in the proposed marine plan.

(6)The marine plan authority must publish the SPP in a way calculated to bring it to the attention of interested persons.

(7)The marine plan authority must take all reasonable steps to comply with the SPP.

(8)In this paragraph “interested persons” means—

(a)any persons appearing to the marine plan authority to be likely to be interested in, or affected by, policies proposed to be included in the marine plan, and

(b)members of the general public.

Further provision about the content of an SPPE+W+S+N.I.

6(1)An SPP must include a proposed timetable.E+W+S+N.I.

(2)The proposed timetable must include such provision as the marine plan authority considers reasonable for each of the following—

(a)the preparation and publication of the consultation draft under paragraph 11 (including the carrying out of the sustainability appraisal under paragraph 10);

(b)the making of representations about the consultation draft;

(c)the consideration of representations under paragraph 12 and the settling of the text of the marine plan for adoption and publication under paragraph 15;

(d)the adoption and publication of the marine plan under that paragraph.

(3)An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4)An SPP must include provision about the making of—

(a)representations, in response to the invitation issued under paragraph 5(5), about the matters to be included in the proposed marine plan, and

(b)representations under paragraph 12 about the consultation draft.

(5)The provision to be made under sub-paragraph (4) includes provision about—

(a)the manner in which representations may be made, and

(b)the time within which representations must be made.

Review and revision of the SPPE+W+S+N.I.

7(1)The marine plan authority must keep the SPP under review.E+W+S+N.I.

(2)If at any time the marine plan authority considers it necessary or expedient to revise the SPP, it must do so.

(3)The marine plan authority must revise the SPP if—

(a)it proposes to include in the marine plan provision relating to retained functions, and

(b)the SPP does not already include a statement that that is the case.

(4)Where the marine plan authority revises the SPP, it must publish the SPP as revised.

(5)In any case where the SPP is required to be revised by virtue of sub-paragraph (3), the revised SPP may be published only with the agreement of the Secretary of State.

(6)Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Advice and assistanceE+W+S+N.I.

8(1)In connection with the preparation of a marine plan, or of any proposals for a marine plan, the marine plan authority may seek advice or assistance from any body or person in relation to any matter in which that body or person has particular expertise.E+W+S+N.I.

(2)The steps that a marine plan authority may take for the purpose of facilitating the involvement of interested persons in—

(a)the development of proposals for inclusion in a proposed marine plan, or

(b)consultation in connection with such proposals,

include the convening of groups of persons for such purposes, and in such manner, as the marine plan authority considers appropriate.

(3)In this paragraph “interested persons” has the same meaning as in paragraph 5.

Matters to which a marine plan authority is to have regard in preparing a marine planE+W+S+N.I.

9(1)The matters to which a marine plan authority is to have regard in preparing a marine plan include each of the matters in sub-paragraph (2).E+W+S+N.I.

(2)Those matters are—

(a)the requirement under section 51(6) for a marine plan to be in conformity with any MPS which governs marine planning for the marine plan area, unless relevant considerations indicate otherwise,

(b)the duties imposed by paragraph 3(1) and (2) with respect to securing compatibility with marine plans or [F9Planning Act plans][F9 development plans ] for areas which are related to the marine plan area,

(c)the effect which any proposal for inclusion in the plan is likely to have on any area which is related to the marine plan area;

(d)the results of the review required by section 54,

(e)the SPP,

(f)any representations made in response to the invitation issued pursuant to sub-paragraph (5) of paragraph 5,

(g)any advice received under paragraph 8(1),

(h)any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the marine plan area or in any adjoining or adjacent area in England or Wales, Scotland or Northern Ireland,

(i)the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c. 55),

and such other matters as the marine plan authority considers relevant.

(3)For the purposes of this paragraph, one area is related to another if one or more of the following conditions is met—

(a)the one area adjoins or is adjacent to the other;

(b)the one area lies wholly or partly within the other;

(c)the whole or any part of the one area affects or is affected by the whole or any part of the other.

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.

Amendments (Textual)

F9Words in Sch. 6 para. 9(2)(b) substituted (E.W.) (6.9.2015 for specified purposes) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 36

Sustainability appraisalE+W+S+N.I.

10(1)A marine plan authority preparing a marine plan must carry out an appraisal of the sustainability of its proposals for inclusion in the plan.E+W+S+N.I.

(2)The authority may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so.

(3)The marine plan authority must publish a report of the results of the appraisal.

(4)The report is to be published when the marine plan authority publishes the consultation draft under paragraph 11.

Preparation and publication of a consultation draftE+W+S+N.I.

11(1)A marine plan authority preparing a marine plan must publish a draft containing its proposals for inclusion in the plan (the “consultation draft”).E+W+S+N.I.

(2)If the draft includes provision relating to retained functions, it may be published only with the agreement of the Secretary of State.

(3)The marine plan authority must publish the consultation draft in such manner as it considers appropriate.

(4)The marine plan authority must also take such steps as it considers appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(5)In this paragraph “interested persons” has the same meaning as in paragraph 5.

Representations about the consultation draftE+W+S+N.I.

12(1)Any person may make representations about the consultation draft.E+W+S+N.I.

(2)Any such representations are to be made in accordance with the SPP.

(3)If any representations are made about the consultation draft, the marine plan authority must consider them in the course of settling the text of the marine plan for adoption and publication under paragraph 15.

Independent investigationE+W+S+N.I.

13(1)A marine plan authority which has published a consultation draft in accordance with paragraph 11 must consider appointing an independent person to investigate the proposals contained in that draft and to report on them.E+W+S+N.I.

(2)In deciding whether to appoint such a person, the marine plan authority must have regard to—

(a)any representations received about the matters to be included in the proposed marine plan, in response to the invitation issued pursuant to paragraph 5(5),

(b)any representations received about the proposals published in the consultation draft,

(c)the extent to which matters raised by representations falling within paragraph (b) have not been resolved,

and such other matters as the marine plan authority considers relevant.

(3)Any person so appointed must—

(a)make recommendations, and

(b)give reasons for the recommendations.

(4)The marine plan authority must publish the recommendations and the reasons given for them.

Matters to which marine plan authority to have regard in settling text for adoption etcE+W+S+N.I.

14A marine plan authority settling the text of a marine plan for adoption and publication under paragraph 15 must have regard to—E+W+S+N.I.

(a)any recommendations made by any person appointed under paragraph 13,

(b)the reasons given by any such person for any such recommendations,

and any other matters that the marine plan authority considers relevant.

Adoption and publication of a marine planE+W+S+N.I.

15(1)A marine plan is “adopted” by a marine plan authority when the authority has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).E+W+S+N.I.

(2)A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.

(3)Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not include provision relating to retained functions.

(4)The conferral on a devolved authority by this Part of functions whose exercise is subject to the agreement of the Secretary of State under sub-paragraph (2) does not affect any functions, or the exercise of any functions, of the devolved authority apart from this Part (whenever conferred or imposed).

(5)In sub-paragraph (4) “devolved authority” means—

(a)the Scottish Ministers;

(b)the Welsh Ministers;

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

(6)The marine plan which a marine plan authority decides to publish may be—

(a)the same as the proposals published in the consultation draft, or

(b)those proposals with such modifications as the marine plan authority thinks fit.

(7)A marine plan authority which adopts a marine plan must publish the plan as soon as reasonably practicable after its adoption, together with statements of each of the following—

(a)any modifications that have been made to the proposals published in the consultation draft,

(b)the reasons for those modifications,

(c)if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.

Section 97

Schedule 7E+W+S+N.I.Further provision about civil sanctions under Part 4

InterpretationE+W+S+N.I.

1In this Schedule “civil sanction” means a fixed monetary penalty or a variable monetary penalty.E+W+S+N.I.

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

I65Sch. 7 para. 1 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Fixed monetary penalties: other sanctionsE+W+S+N.I.

2(1)Provision under section 93 must secure that, in a case where a notice of intent referred to in section 94(2)(a) is served on a person—E+W+S+N.I.

(a)no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 94(2)(b), and

(b)if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.

(2)Provision under section 93 must also secure that, in a case where a fixed monetary penalty is imposed on a person—

(a)that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b)the enforcement authority may not issue a compliance notice or a remediation notice to that person in respect of the act or omission giving rise to the penalty.

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

I66Sch. 7 para. 2 partly in force; Sch. 7 para. 2 in force for specified purposes at Royal Assent see s. 324(1)(c)

I67Sch. 7 para. 2 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Variable monetary penalties: other sanctionsE+W+S+N.I.

3Provision under section 95 must secure that, in a case where a variable monetary penalty is imposed on a person—E+W+S+N.I.

(a)that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b)the enforcement authority may not issue a compliance notice to that person in respect of the act or omission giving rise to the penalty.

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

I68Sch. 7 para. 3 partly in force; Sch. 7 para. 3 in force for specified purposes at Royal Assent see s. 324(1)(c)

I69Sch. 7 para. 3 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Combination of sanctionsE+W+S+N.I.

4(1)Provision may not be made under section 93 and section 95 conferring powers on an enforcement authority in relation to the same offence unless it secures that—E+W+S+N.I.

(a)the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on that person in relation to that act or omission, and

(b)the authority may not serve a notice of intent referred to in section 96(2)(a) on a person in relation to any act or omission where—

(i)a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii)the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).

(2)Provision under section 93 which results in an enforcement authority having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—

(a)the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and

(b)the authority may not serve a stop notice on a person in relation to any act or omission where—

(i)a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii)the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(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

I70Sch. 7 para. 4 partly in force; Sch. 7 para. 4 in force for specified purposes at Royal Assent see s. 324(1)(c)

I71Sch. 7 para. 4 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Monetary penaltiesE+W+S+N.I.

5(1)An order under section 93 or 95 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty or a variable monetary penalty may include provision—E+W+S+N.I.

(a)for early payment discounts;

(b)for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(c)for enforcement of the penalty.

(2)Provision under sub-paragraph (1)(c) may include—

(a)provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b)provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court 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

I72Sch. 7 para. 5 partly in force; Sch. 7 para. 5 in force for specified purposes at Royal Assent see s. 324(1)(c)

I73Sch. 7 para. 5 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Costs recoveryE+W+S+N.I.

6(1)Provision under section 95 may include provision for an enforcement authority, by notice, to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by the enforcement authority in relation to the imposition of the penalty up to the time of its imposition.E+W+S+N.I.

(2)In sub-paragraph (1) the references to costs include in particular—

(a)investigation costs;

(b)administration costs;

(c)costs of obtaining expert advice (including legal advice).

(2)Provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a)the notice specifies the amount required to be paid;

(b)the enforcement authority may be required to provide a detailed breakdown of that amount;

(c)the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d)the person required to pay costs may appeal against—

(i)the decision of the enforcement authority to impose the requirement to pay costs;

(ii)the decision of the enforcement authority as to the amount of those costs.

(4)Provision under this paragraph may include the provision referred to in sub-paragraphs (1)(b) and (c) and (2) of paragraph 5.

(5)Provision under this paragraph must secure that an enforcement authority is required to publish guidance about how it will exercise the power conferred by the provision.

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

I74Sch. 7 para. 6 partly in force; Sch. 7 para. 6 in force for specified purposes at Royal Assent see s. 324(1)(c)

I75Sch. 7 para. 6 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

AppealsE+W+S+N.I.

7(1)An order under section 93 or 95 may not provide for the making of an appeal other than to—E+W+S+N.I.

(a)the First-Tier Tribunal, or

(b)another tribunal created under an enactment.

This sub-paragraph does not apply in the case of an order made by the Scottish Ministers.

(2)In sub-paragraph (1)(b)—

  • enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;

  • tribunal” does not include an ordinary court of law.

(3)An order under section 93 or 95 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—

(a)provision suspending the requirement or notice pending determination of the appeal;

(b)provision as to the powers of any person to whom the appeal is made;

(c)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

(4)The provision referred to in sub-paragraph (3)(b) includes provision conferring on the person to whom the appeal is made power—

(a)to withdraw the requirement or notice;

(b)to confirm the requirement or notice;

(c)to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;

(d)to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;

(e)to award costs.

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

I76Sch. 7 para. 7 partly in force; Sch. 7 para. 7 in force for specified purposes at Royal Assent see s. 324(1)(c)

I77Sch. 7 para. 7 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

ConsultationE+W+S+N.I.

8(1)Before making an order under section 93 or 95, the appropriate licensing authority must consult the following (in addition to any persons who must be consulted under paragraph 9)—E+W+S+N.I.

(a)the enforcement authority to which the order relates,

(b)such organisations as appear to the licensing authority to be representative of persons substantially affected by the proposals, and

(c)such other persons as the licensing authority considers appropriate.

(2)If, as a result of any consultation required by sub-paragraph (1), it appears to the licensing authority that it is appropriate substantially to change the whole or any part of the proposals, the licensing authority must undertake such further consultation with respect to the changes as it considers appropriate.

(3)If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.

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

I78Sch. 7 para. 8 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Guidance as to use of civil sanctionsE+W+S+N.I.

9(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).E+W+S+N.I.

(2)Those results are that—

(a)the enforcement authority must publish guidance about its use of the sanction,

(b)in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,

(c)the enforcement authority must revise the guidance where appropriate,

(d)the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

(e)the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.

(3)In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the amount of the penalty,

(d)how liability for the penalty may be discharged and the effect of discharge, and

(e)rights to make representations and objections and rights of appeal.

(4)In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and

(d)rights to make representations and objections and rights of appeal.

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

I79Sch. 7 para. 9 partly in force; Sch. 7 para. 9 in force for specified purposes at Royal Assent see s. 324(1)(c)

I80Sch. 7 para. 9 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Guidance as to enforcement of offencesE+W+S+N.I.

10(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the enforcement authority must prepare and publish guidance about how the offence is enforced.E+W+S+N.I.

(2)The guidance must include guidance as to—

(a)the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

(b)the action which the enforcement authority may take to enforce the offence, whether by virtue of section 93 or 95 or otherwise, and

(c)the circumstances in which the enforcement authority is likely to take any such action.

(3)An enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.

(4)The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.

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

I81Sch. 7 para. 10 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Publication of enforcement actionE+W+S+N.I.

11(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).E+W+S+N.I.

(2)That result is that the enforcement authority must from time to time publish reports specifying—

(a)the cases in which the civil sanction has been imposed,

(b)where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to section 94(2)(b), and

(c)where the civil sanction is a variable monetary penalty, the cases in which an undertaking referred to in section 96(5) is accepted from such a person.

(3)In sub-paragraph (2)(a), the reference to cases in which the civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal.

(4)The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate licensing authority considers that it would be inappropriate to do 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

I82Sch. 7 para. 11 partly in force; Sch. 7 para. 11 in force for specified purposes at Royal Assent see s. 324(1)(c)

I83Sch. 7 para. 11 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Payment of penalties into Consolidated Fund etcE+W+S+N.I.

12(1)Where pursuant to any provision made under section 93 or 95 an enforcement authority receives—E+W+S+N.I.

(a)a fixed monetary penalty or a variable monetary penalty, or

(b)any interest or other financial penalty for late payment of such a penalty,

the authority must pay it into the relevant Fund.

(2)In sub-paragraph (1) “the relevant Fund” means—

(a)in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;

(b)in a case where the authority has functions only in relation to Scotland, the Scottish Consolidated Fund;

(c)in a case where the authority has functions only in relation to Northern Ireland, the Consolidated Fund of Northern Ireland;

(d)in any other case, the Consolidated Fund.

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

I84Sch. 7 para. 12 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Disclosure of informationE+W+S+N.I.

13(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 93 or 95 where—E+W+S+N.I.

(a)the person has an enforcement function in relation to an offence, and

(b)the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under any of those sections in relation to that offence.

(2)The persons are—

(a)the Crown Prosecution Service,

(b)a member of a police force in England or Wales,

(c)a Procurator Fiscal,

(d)a constable of [F10the Police Service of Scotland],

(e)the Public Prosecution Service for Northern Ireland, or

(f)a member of the Police Service of Northern Ireland.

(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)the Data Protection Act 1998 (c. 29), or

(b)Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(5)This paragraph does not affect a power to disclose which exists apart from this paragraph.

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.

Amendments (Textual)

Commencement Information

I85Sch. 7 para. 13 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Section 112(1)

Schedule 8E+W+S+N.I.Licensing: minor and consequential amendments

Part 1 E+W+S+N.I.Consequential amendments

The Coast Protection Act 1949E+W

1(1)The Coast Protection Act 1949 (c. 74) is amended as follows.E+W

(2)Omit Part 2 (provisions for safety of navigation).

(3)In section 49(1) (interpretation), in the definitions of “sea” and “seashore”, for “subsections (2) and (2A)” substitute “ subsection (2) ”.

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

I86Sch. 8 para. 1 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

The Food and Environment Protection Act 1985E+W+S+N.I.

2(1)The Food and Environment Protection Act 1985 (c. 48) is amended as follows.E+W+S+N.I.

(2)In section 5 (requirement for licences)—

(a)in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(b)omit paragraph (b);

(c)in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(d)omit paragraph (e)(ii) and the preceding “or”;

(e)in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”;

(f)in paragraph (g), for “the United Kingdom” substitute “ Scotland ”;

(g)in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

(3)In section 6(1) (requirements for licences for incineration at sea etc)—

(a)in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(b)omit paragraph (a)(ii) and the preceding “or”;

(c)in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

(4)In section 7A (exclusion of Part 2 for certain purposes)—

(a)in subsection (4), for paragraphs (a) and (b) substitute “ the Scottish inshore region. ”;

(b)omit subsection (5).

(5)In section 8 (licences)—

(a)in subsection (4)(b), for “United Kingdom waters” substitute “ the Scottish inshore region ”;

(b)in subsection (6), omit “evidence, and in Scotland”.

(6)In section 9 (licensing offences)—

(a)in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “ , (4) ”;

(b)omit subsections (5) to (7).

(7)In section 11 (enforcement powers)—

(a)in subsection (2)—

(i)in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;

(ii)for paragraphs (b) and (c) substitute—

(b)vessels, aircraft, hovercraft and marine structures in Scotland or within the Scottish inshore region,;

(b)in subsection (3), for paragraphs (a) and (b) substitute “ any vessel within the Scottish inshore region ”.

(8)In section 21 (offences) omit subsection (8).

(9)In section 24(1) (interpretation)—

(a)omit the definition of “adjacent to Scotland”;

(b)omit the definition of “Gas Importation and Storage Zone”;

(c)in the definition of “licensing authority”—

(i)omit paragraph (a);

(ii)in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “ waters within the Scottish inshore region ”;

(iii)in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “ the Scottish inshore region ”;

(iv)in paragraph (b)(iii), omit “and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately”;

(d)after the definition of “plants” insert—

Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);;

(e)omit the definitions of “United Kingdom waters” and “United Kingdom controlled waters”.

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

I87Sch. 8 para. 2 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

The Government of Wales Act 2006E+W+S+N.I.

3(1)In Schedule 3 to the Government of Wales Act 2006 (c. 32) (transfer etc of functions: further provisions) paragraph 4 (power to direct that certain functions exercisable by a Minister of the Crown are exercisable in relation to Welsh controlled waters only after consultation with the Welsh Ministers) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1) (which extends the power conferred by section 58(1)(c) of that Act and specifies the enactments to which it applies)—

(a)omit paragraph (a) (Part 2 of the Food and Environment Protection Act 1985 (c. 48)), and

(b)after paragraph (b) insert—

(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or

(d)regulations under section 73 of that Act (appeals),.

(3)After sub-paragraph (1) insert—

(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—

(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);

(b)section 101 (registers);

(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);

(d)section 107 (power to test, and charge for testing, certain substances);

(e)sections 235(3) and 240(1)(c) (enforcement officers)..

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

I88Sch. 8 para. 3 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

The Planning Act 2008E+W+S+N.I.

4(1)The Planning Act 2008 (c. 29) is amended as follows.E+W+S+N.I.

(2)After section 149 insert—

149A Deemed consent under a marine licence

(1)An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).

(2)The areas are—

(a)England,

(b)waters adjacent to England up to the seaward limits of the territorial sea,

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

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

(e)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)Subsections (4) and (5) apply if an order granting development consent includes provision—

(a)deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and

(b)deeming those conditions to have been attached to the marine licence by the Secretary of State under that Part.

(4)A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.

(5)Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence..

(3)In section 161 (breach of terms of order granting development consent), in subsection (2), for “sections 148(4) and 149(4)” substitute “ section 149A(4) ”.

(4)In Schedule 4, in paragraph 1(11) (power to correct certain errors or omissions in development consent decisions) for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.

(5)In Schedule 5 (provision relating to, or to matters ancillary to, development) after paragraph 30 insert—

30ADeeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.

30BDeeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part..

(6)In Schedule 6 (changes to, and revocation of, orders granting development consent) in—

(a)paragraph 2(13) (power to make non-material changes to development consent order not to apply in relation to deemed consents and licences), and

(b)paragraph 5(6) (power to change or revoke development consent order not to apply in relation to deemed consents and licences),

for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.

(7)The following provisions cease to have effect—

(a)section 148 (deemed consent under section 34 of the Coast Protection Act 1949 (c. 74)),

(b)section 149 (deemed consent under Part 2 of the Food and Environment Protection Act 1985 (c. 48)),

(c)in Schedule 5, paragraphs 27 to 30 (which relate to deemed consents).

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

I89Sch. 8 para. 4 partly in force; Sch. 8 para. 4 in force for specified purposes at Royal Assent see s. 324(1)(c)

I90Sch. 8 para. 4 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Part 2 E+W+S+N.I.Other amendments

The Food and Environment Protection Act 1985 Electronic communications apparatus: operations in tidal waters etcE+W+S+N.I.

5In the Food and Environment Protection Act 1985 after section 8 (licences) insert—E+W+S+N.I.

8AElectronic communications apparatus: operations in tidal waters etc

(1)The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are 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 the Scottish Ministers 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 operation being carried out..

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

I91Sch. 8 para. 5 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

Electronic communications: emergency worksE+W+S+N.I.

6(1)Section 9 of the Food and Environment Protection Act 1985 (offences relating to the licensing system) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (which is expressed to be subject to certain later subsections) in the words preceding paragraph (a), before “below” insert “ and (8) ”.

(3)After subsection (7) insert—

(8)It shall be a defence for a person charged with an offence under subsection (1) in relation to any operation 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.

In this subsection “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984..

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

I92Sch. 8 para. 6 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

The Petroleum Act 1998 Application of Part 3 in relation to submarine pipelinesE+W+S+N.I.

7(1)Section 24 of the Petroleum Act 1998 (c. 17) (application of Part 3) is amended as follows.E+W+S+N.I.

(2)After subsection (2) insert—

(2A)If a pipeline—

(a)is specified in an order made by the Secretary of State under this subsection, or

(b)is of a description so specified,

the pipeline shall be disregarded for the purposes of this Part of this Act (other than this subsection) or shall be so disregarded while any specified condition is satisfied..

(3)After subsection (3) insert—

(3A)The Secretary of State may by order provide that specified provisions of this Part of this Act shall apply, subject to such modifications (if any) as are specified, in relation to a controlled pipeline—

(a)which is specified or of a specified description, and

(b)which meets the conditions in subsection (3B).

(3B)The conditions are—

(a)that the pipeline is used in connection with exploration for, or exploitation of, petroleum, or the importation of petroleum into the United Kingdom;

(b)that, by virtue of the date when construction of the pipeline was begun, section 14(1)(b) would not apply in relation to use of the pipeline but for an order under this subsection..

(4)In subsection (5) (negative resolution procedure) after “an order under subsection (2)” insert “ , (2A) or (3A) ”.

(5)Any authorisation issued under section 14(1)(b) of the Petroleum Act 1998 (use of certain pipelines) continues to have effect notwithstanding the provisions of any order under section 24(2A) of that Act.

(6)Where an order under subsection (3A) of section 24 of the Petroleum Act 1998 (c. 17) comes into force in relation to a pipeline, the Secretary of State must grant an authorisation under section 14(1)(b) of that Act in respect of the conveyance, on and after the day on which the order comes into force, of any substances for which the pipeline was normally used before the coming into force of the order.

(7)Sub-paragraph (6) is without prejudice to the provision that may be included in the authorisation with respect to information to be provided by the owner of the pipeline.

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

I93Sch. 8 para. 7 partly in force; Sch. 8 para. 7 in force for specified purposes at Royal Assent see s. 324(1)(c)

I94Sch. 8 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 10

Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4E+W+S+N.I.

8(1)Section 45 of the Petroleum Act 1998 (interpretation of Part 4) is amended as follows.E+W+S+N.I.

(2)In the definition of “submarine pipeline”, after the paragraphs, insert—

but does not include any such pipeline which, by virtue of an order under subsection (2A) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than 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

I95Sch. 8 para. 8 in force at 1.4.2010 by S.I. 2010/298, art. 2, Sch. para. 10

Section 112(2)

Schedule 9E+W+S+N.I.Licensing: transitional provision relating to Part 4

Part 1 E+W+S+N.I.Interpretation

1In this Schedule—E+W+S+N.I.

  • the commencement date” means the date on which section 65 comes into force;

  • the CPA” means the Coast Protection Act 1949 (c. 74);

  • FEPA” means the Food and Environment Protection Act 1985 (c. 48).

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

I96Sch. 9 para. 1 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Part 2 E+W+S+N.I.Coast Protection Act 1949

Consents previously given and outstanding applicationsE+W+S+N.I.

2(1)Any consent given under subsection (1) of section 34 of the CPA which—E+W+S+N.I.

(a)is in effect immediately before the commencement date, and

(b)relates to an operation which—

(i)falls within that subsection, and

(ii)is a licensable marine activity,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

(2)In accordance with sub-paragraph (1)—

(a)a consent given for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

(b)any condition subject to which a consent under subsection (1) of section 34 of the CPA has been given has effect as if it were a condition attached to the deemed licence;

(c)any provision made under subsection (4) of that section in respect of a consent has effect as if it were provision made under section 71(4)(a) of this Act in respect of the deemed licence;

(d)any condition having effect under section 34(4A)(b) of the CPA has effect as if it were such a condition as is mentioned in section 71(5) of this Act.

(3)Any reference in sub-paragraph (1) or (2) to a consent given under section 34(1) of the CPA, or to a condition subject to which such a consent is given, includes a reference to a consent deemed to have been given, or a condition deemed to have been imposed, by virtue of provision included in an order granting development consent (see paragraphs 27 and 28 of Schedule 5 to the Planning Act 2008 (c. 29)).

(4)Any application for consent under subsection (1) of section 34 of the CPA which—

(a)is made before the commencement date, and

(b)relates to an operation which—

(i)falls within that subsection, and

(ii)is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

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.

Modifications etc. (not altering text)

Commencement Information

I97Sch. 9 para. 2 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Safety requirementsE+W+S+N.I.

3The repeal of section 36A of the CPA does not affect the operation of that provision in relation to anything occurring before the date on which that repeal takes effect.E+W+S+N.I.

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

I98Sch. 9 para. 3 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Part 3 E+W+S+N.I.Food and Environment Protection Act 1985

Licences previously issued and outstanding applicationsE+W+S+N.I.

4(1)Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—E+W+S+N.I.

(a)is in effect immediately before the commencement date, and

(b)relates to the doing of anything which—

(i)falls within section 5 or 6 of that Act, and

(ii)is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

(2)In accordance with sub-paragraph (1)—

(a)a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

(b)any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.

(3)Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).

(4)Any application for a FEPA licence which—

(a)was made before the commencement date, and

(b)relates to an activity which—

(i)falls within section 5 or 6 of FEPA, and

(ii)on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

(5)An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.

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

I99Sch. 9 para. 4 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

5(1)Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—E+W+S+N.I.

(a)makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or

(b)within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.

(2)Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.

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

I100Sch. 9 para. 5 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Remedial actionE+W+S+N.I.

6The amendments made by paragraph 2 of Schedule 8 do not affect the operation of section 10 of FEPA in relation to anything carried out otherwise than under and in accordance with a FEPA licence before the commencement date.E+W+S+N.I.

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

I101Sch. 9 para. 6 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

RegisterE+W+S+N.I.

7(1)This paragraph applies in any case where—E+W+S+N.I.

(a)immediately before the commencement date, an authority was required to maintain under section 14 of FEPA a register (the “FEPA register”) containing information of any particular description in respect of any particular area,

(b)on that date the authority ceased to be required to maintain a register under that section containing information of that description in respect of that area, and

(c)as from that date the authority is required to maintain a register under section 101 of this Act (the “new register”) containing information in respect of that area.

(2)In any such case, the authority must include in the new register any information falling within sub-paragraph (1)(a) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.

(3)For the purpose of giving effect to this paragraph—

(a)references in section 101 to marine licences are to be read as including references to FEPA licences, and

(b)references in that section to this Part of this Act or to any provision of this Part are to be read as including references to Part 2 of FEPA or to the corresponding provision of that Part.

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

I102Sch. 9 para. 7 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Channel Islands and British overseas territoriesE+W+S+N.I.

8(1)In this paragraph “relevant territory” means any of the following—E+W+S+N.I.

(a)any of the Channel Islands;

(b)any British overseas territory.

(2)An Order in Council under section 26 of FEPA which is in force immediately before the commencement date remains in force, and may be revoked, amended or re-enacted, as if that section had not been repealed.

(3)If it appears to Her Majesty—

(a)that provision with respect to the licensing of marine activities has been made in the law of any relevant territory, and

(b)that that provision was made otherwise than by virtue of an Order in Council under section 323 extending provisions of this Act,

Her Majesty may by Order in Council repeal any provisions of Part 2 or 4 of FEPA as they have effect as part of the law of that territory.

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

I103Sch. 9 para. 8 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Part 4 E+W+S+N.I.Miscellaneous

DredgingE+W+S+N.I.

9(1)During the relevant transitional period, section 65 does not apply in respect of the carrying on by a person of a dredging operation—E+W+S+N.I.

(a)which falls within item 9 in section 66(1) of this Act, but

(b)which meets the conditions in sub-paragraph (2).

(2)The conditions are that the dredging operation—

(a)does not fall within section 34 of the CPA,

(b)is not an activity for which a licence is required under Part 2 of FEPA, and

(c)is not excluded from this paragraph by virtue of an order under section 320.

(3)The references in sub-paragraph (2) to section 34 of the CPA and Part 2 of FEPA are references to those provisions as they would apply but for this Act.

(4)The “relevant transitional period”, in the case of any person and any dredging operation,—

(a)is the period of one year beginning with the commencement date, but

(b)if a marine licence which authorises the carrying on of the dredging operation by the person comes into force (or has come into force) at any time before the end of that period, the transitional period ends with the coming into force of that licence.

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.

Modifications etc. (not altering text)

Commencement Information

I104Sch. 9 para. 9 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Water Resources Act 1991E+W+S+N.I.

10The amendment made by section 82 of this Act applies to any application for consent under section 109 of the Water Resources Act 1991 (c. 57) which is submitted, but not determined or withdrawn, before the date on which that section comes into force (as well as to any application submitted after that date).E+W+S+N.I.

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

I105Sch. 9 para. 10 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Electronic Communications Code: England and WalesE+W+S+N.I.

11(1)In this paragraph—E+W+S+N.I.

(a)the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);

(b)communications approval” means an approval under paragraph 11 of the Code;

(c)transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to England and Wales.

(2)Subsections (3) to (5) apply to any communications approval (a “qualifying approval”)—

(a)which is in effect immediately before the transitional date, and

(b)which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date is a licensable marine activity.

(3)A qualifying approval has effect on and after the transitional date as if it were a marine licence granted by the appropriate licensing authority in relation to the licensable marine activity (a “deemed marine licence”).

(4)If the qualifying approval was given for a specified period, the deemed marine licence is to remain in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the transitional date.

(5)If, by virtue of paragraph 11(5) of the Code, the qualifying approval was given subject to a condition, the deemed marine licence has effect as if the condition were a condition attached to the deemed marine licence.

(6)Any application for a communications approval—

(a)which was submitted before the transitional date, and

(b)which relates to an activity which, on or after that date, is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

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

I106Sch. 9 para. 11 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Electronic Communications Code: ScotlandE+W+S+N.I.

12(1)In this paragraph—E+W+S+N.I.

(a)the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);

(b)communications approval” means an approval under paragraph 11 of the Code;

(c)Scottish transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.

(2)Sub-paragraphs (3) to (5) apply to any communications approval (a “qualifying Scottish approval”)—

(a)which is in effect immediately before the Scottish transitional date, and

(b)which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date needs a licence under section 5 or 6 of FEPA.

(3)A qualifying Scottish approval has effect on and after the Scottish transitional date as if it were a licence granted under section 5 or 6 (as the case may be) of FEPA by the licensing authority in relation to the activity (a “deemed FEPA licence”).

(4)If the qualifying Scottish approval was given for a specified period, the deemed FEPA licence is to remain in force (subject to the provisions of FEPA) for so much of that period as falls after the Scottish transitional date.

(5)If, by virtue of paragraph 11(5) of the Code, the qualifying Scottish approval was given subject to a condition, the deemed FEPA licence has effect as if the condition were a condition attached to the deemed FEPA licence.

(6)Any application for a communications approval—

(a)which was submitted before the transitional date, and

(b)which relates to an activity which, on or after that date, needs a licence under section 5 or 6 of FEPA,

has effect on and after that date as if it were an application for a licence under the section in question made to the licensing authority in relation to that activity.

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

I107Sch. 9 para. 12 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Direction under section 58(1)(c) of the Government of Wales Act 2006E+W+S+N.I.

13(1)To the extent that they relate to the abandonment of an offshore installation, any functions exercisable under the provisions of this Part of this Act specified in sub-paragraph (2) are exercisable in relation to Welsh controlled waters by a Minister of the Crown only after consultation with the Welsh Ministers.E+W+S+N.I.

(2)The provisions are—

(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) (licensable marine activities);

(b)section 106 (power to take remedial action).

(3)In this paragraph—

  • offshore installation” has the meaning given by section 44 of the Petroleum Act 1998 (c. 17);

  • Welsh controlled waters” has the same meaning as in paragraph 4 of Schedule 3 to the Government of Wales Act 2006 (c. 32).

(4)The provision made by the preceding provisions of this paragraph has effect as if it were a direction made by Order in Council under section 58(1)(c) of the Government of Wales Act 2006 made by virtue of paragraph 4(1)(c) of Schedule 3 to that Act and may accordingly be amended, modified or repealed by any such Order in Council.

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

I108Sch. 9 para. 13 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

Section 144

Schedule 10E+W+S+N.I.Further provision about fixed monetary penalties under section 142

Fixed monetary penalties: other sanctionsE+W+S+N.I.

1(1)Provision under section 142 must secure that, in a case where a notice of intent referred to in section 143(2)(a) is served on a person—E+W+S+N.I.

(a)no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 143(2)(b), and

(b)if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.

(2)Provision under section 142 must also secure that, in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty.

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

I109Sch. 10 para. 1 partly in force; Sch. 10 para. 1 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 10 para. 1 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I110Sch. 10 para. 1 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Monetary penaltiesE+W+S+N.I.

2(1)An order under section 142 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty may include provision—E+W+S+N.I.

(a)for early payment discounts;

(b)for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(c)for enforcement of the penalty.

(2)Provision under sub-paragraph (1)(c) may include—

(a)provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b)provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court 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

I111Sch. 10 para. 2 partly in force; Sch. 10 para. 2 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 10 para. 2 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I112Sch. 10 para. 2 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

AppealsE+W+S+N.I.

3(1)An order under section 142 may not provide for the making of an appeal other than to—E+W+S+N.I.

(a)the First-tier Tribunal, or

(b)another tribunal created under an enactment.

(2)In sub-paragraph (1)(b) “tribunal” does not include an ordinary court of law.

(3)An order under section 142 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—

(a)provision suspending the requirement or notice pending determination of the appeal;

(b)provision as to the powers of the tribunal to which the appeal is made;

(c)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

(4)The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—

(a)to withdraw the requirement or notice;

(b)to confirm the requirement or notice;

(c)to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;

(d)to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;

(e)to award costs.

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

I113Sch. 10 para. 3 partly in force; Sch. 10 para. 3 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 10 para. 3 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I114Sch. 10 para. 3 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

ConsultationE+W+S+N.I.

4(1)Before making an order under section 142, the appropriate authority must consult the following—E+W+S+N.I.

(a)the enforcement authority to which the order relates,

(b)such organisations as appear to the appropriate authority to be representative of persons substantially affected by the proposals, and

(c)such other persons as the appropriate authority considers appropriate.

(2)If, as a result of any consultation required by sub-paragraph (1), it appears to the authority that it is appropriate substantially to change the whole or any part of the proposals, the authority must undertake such further consultation with respect to the changes as it considers appropriate.

(3)If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.

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

I115Sch. 10 para. 4 partly in force; Sch. 10 para. 4 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I116Sch. 10 para. 4 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Guidance as to use of fixed monetary penaltiesE+W+S+N.I.

5(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must secure the results in sub-paragraph (2).E+W+S+N.I.

(2)Those results are that—

(a)the enforcement authority must publish guidance about its use of the penalty,

(b)the guidance must contain the relevant information,

(c)the enforcement authority must revise the guidance where appropriate,

(d)the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

(e)the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.

(3)The relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the amount of the penalty,

(d)how liability for the penalty may be discharged and the effect of discharge, and

(e)rights to make representations and objections and rights of appeal.

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

I117Sch. 10 para. 5 partly in force; Sch. 10 para. 5 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 10 para. 5 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I118Sch. 10 para. 5 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Guidance as to enforcement of offencesE+W+S+N.I.

6(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the enforcement authority must prepare and publish guidance about how the offence is enforced.E+W+S+N.I.

(2)The guidance must include guidance as to—

(a)the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

(b)the action which the enforcement authority may take to enforce the offence, whether by virtue of section 142 or otherwise, and

(c)the circumstances in which the enforcement authority is likely to take any such action.

(3)The enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.

(4)The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.

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

I119Sch. 10 para. 6 partly in force; Sch. 10 para. 6 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I120Sch. 10 para. 6 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Publication of enforcement actionE+W+S+N.I.

7(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).E+W+S+N.I.

(2)That result is that the enforcement authority must from time to time publish reports specifying—

(a)the cases in which a fixed monetary penalty has been imposed, and

(b)the cases in which liability to the penalty has been discharged pursuant to section 143(2)(b).

(3)In sub-paragraph (2)(a), the reference to cases in which a fixed monetary penalty has been imposed does not include cases where a penalty has been imposed but overturned on appeal.

(4)The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate authority considers that it would be inappropriate to do 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

I121Sch. 10 para. 7 partly in force; Sch. 10 para. 7 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 10 para. 7 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I122Sch. 10 para. 7 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Payment of penalties into Consolidated Fund etcE+W+S+N.I.

8(1)Where pursuant to any provision made under section 142 an enforcement authority receives—E+W+S+N.I.

(a)a fixed monetary penalty, or

(b)any interest or other financial penalty for late payment of such a penalty,

the authority must pay it into the relevant Fund.

(2)In sub-paragraph (1) “the relevant Fund” means—

(a)in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;

(b)in any other case, the Consolidated Fund.

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

I123Sch. 10 para. 8 partly in force; Sch. 10 para. 8 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I124Sch. 10 para. 8 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Disclosure of informationE+W+S+N.I.

9(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where—E+W+S+N.I.

(a)the person has an enforcement function in relation to an offence, and

(b)the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.

(2)The persons are—

(a)the Crown Prosecution Service,

(b)a member of a police force in England or Wales,

(c)a Procurator Fiscal,

(d)a constable of [F11the Police Service of Scotland],

(e)the Public Prosecution Service for Northern Ireland, or

(f)a member of the Police Service of Northern Ireland.

(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)the Data Protection Act 1998 (c. 29), or

(b)Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(5)This paragraph does not affect a power to disclose which exists apart from this paragraph.

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.

Amendments (Textual)

Commencement Information

I125Sch. 10 para. 9 partly in force; Sch. 10 para. 9 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I126Sch. 10 para. 9 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Section 146

Schedule 11E+WConsequential amendments relating to MCZs

Conservation of Seals Act 1970 (c. 30)E+W

1In section 10 of the Conservation of Seals Act 1970 (power to grant licences) in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” substitute “ a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009 ”.E+W

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

I127Sch. 11 para. 1 partly in force; Sch. 11 para. 1 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I128Sch. 11 para. 1 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Wildlife and Countryside Act 1981 (c. 69)E+W

2(1)The Wildlife and Countryside Act 1981 is amended as follows.E+W

(2)The following provisions are omitted—

(a)sections 36 and 37;

(b)Schedule 12.

(3)In consequence of sub-paragraph (2), in the italic cross-heading preceding section 34A, the words “marine nature reserves” are omitted.

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

I129Sch. 11 para. 2 partly in force; Sch. 11 para. 2 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I130Sch. 11 para. 2 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Water Resources Act 1991 (c. 57)E+W

3In paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of the Environment Agency to make byelaws for flood defence and drainage purposes) in sub-paragraph (4) for the words from “the operation of” to the end of that sub-paragraph substitute the operation of— E+W

(a)any byelaw made by a navigation authority, harbour authority or conservancy authority;

(b)any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England);

(c)any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in 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

I131Sch. 11 para. 3 partly in force; Sch. 11 para. 3 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I132Sch. 11 para. 3 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)E+W

F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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.

Amendments (Textual)

Section 146

Schedule 12E+WTransitional provision relating to MCZs

1In this Schedule—E+W

  • the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69);

  • the commencement date”, in relation to an area, means the date on which paragraph 2 of Schedule 11 comes into force in relation to that area.

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

I133Sch. 12 para. 1 partly in force; Sch. 12 para. 1 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I134Sch. 12 para. 1 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

2(1)Any area which, immediately before the commencement date, is designated by an order under section 36 of the 1981 Act as a marine nature reserve is to be treated, on and after that date, as if it were a marine conservation zone designated by an order under section 116.E+W

(2)The designation having effect by virtue of sub-paragraph (1) includes (in accordance with section 118(6)(b)) the area of land designated by the order under section 36, together with 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

I135Sch. 12 para. 2 partly in force; Sch. 12 para. 2 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I136Sch. 12 para. 2 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

3Any byelaw which, immediately before the commencement date, is in force under section 37 of the 1981 Act for the protection of any area designated as a marine nature reserve has effect, on and after that date, as if it were—E+W

(a)in the case of an area in England, a byelaw made under section 129;

(b)in the case of an area in Wales, an order made under section 134.

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

I137Sch. 12 para. 3 partly in force; Sch. 12 para. 3 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I138Sch. 12 para. 3 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

4Any provision of this Chapter which—E+W

(a)confers any function on the MMO, and

(b)comes into force before the date on which section 1 of this Act comes into force,

has effect until that date as if it conferred that function on the Secretary of 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

I139Sch. 12 para. 4 partly in force; Sch. 12 para. 4 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I140Sch. 12 para. 4 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Section 148

Schedule 13E+WMarine boundaries of SSSIs and national nature reserves

Part 1 E+WIntroductory

1In this Schedule “the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).E+W

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

I141Sch. 13 para. 1 partly in force; Sch. 13 para. 1 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I142Sch. 13 para. 1 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Part 2 E+WSites of special scientific interest

Marine boundaries of sites of special scientific interestE+W

2(1)Section 28 of the 1981 Act (sites of special scientific interest) is amended as follows.E+W

(2)In subsection (1)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (1) insert—

(1A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the notification of area A is or are also present in area B;

(b)that the notification of area A is by reason of any 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 land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4)In subsection (2) for “that fact” substitute “ the fact mentioned in subsection (1) ”.

(5)In subsection (5) (confirmation of notification of SSSIs) after paragraph (b) insert—

In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).

(6)After subsection (6) (when notification ceases to have effect) insert—

(6A)Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).

(7)After subsection (9) insert—

(9A)For the purposes of this Part “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).

(8)No notification under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

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

I143Sch. 13 para. 2 partly in force; Sch. 13 para. 2 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I144Sch. 13 para. 2 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

3In section 28A of the 1981 Act (variation of notification under section 28), in subsection (3)(a) after “the local planning authority” insert “ (if any) ”.E+W

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

I145Sch. 13 para. 3 partly in force; Sch. 13 para. 3 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I146Sch. 13 para. 3 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

4In section 52(1) of the 1981 Act (interpretation of Part 2), after the definition of “agricultural land” insert—E+W

estuarial waters” has the meaning given by section 28(9A);.

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

I147Sch. 13 para. 4 partly in force; Sch. 13 para. 4 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I148Sch. 13 para. 4 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Notification of additional land that is subtidalE+W

5(1)Section 28B of the 1981 Act (notification of additional land) is amended as follows.E+W

(2)In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (2) insert—

(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).

(2C)The conditions are—

(a)that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b);

(b)that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c)that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4)In subsection (3) for “such notification” substitute “ notification under subsection (2) ”.

(5)In subsection (7) (application of section 28(5) to (7) in relation to notifications under section 28B)—

(a)after “ “subsection (1)”” insert “ and “subsection (1B)” ;

(b)for “of this section” (in the second place where it occurs) substitute “ and subsection (2B) of this section respectively ”.

(6)No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates consists of or includes land lying below mean low water mark.

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

I149Sch. 13 para. 5 partly in force; Sch. 13 para. 5 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I150Sch. 13 para. 5 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Enlargement of SSSI to include subtidal landE+W

6(1)Section 28C of the 1981 Act (enlargement of SSSI) is amended as follows.E+W

(2)In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (2) insert—

(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).

(2C)The conditions are—

(a)that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b);

(b)that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c)that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4)In subsection (3) (application of section 28(2) to (8) in relation to notifications under section 28C)—

(a)for “and “subsection (1)(b)”” substitute “ “ , “subsection (1)(b)” and “subsection (1B)” ”;

(b)for “and subsection (2)(b)” substitute “ , subsection (2)(b) and subsection (2B) ”.

(5)No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

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

I151Sch. 13 para. 6 partly in force; Sch. 13 para. 6 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I152Sch. 13 para. 6 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Guidance in relation to subtidal notifications of SSSIsE+W

7After section 28C of the 1981 Act insert—E+W

28CAGuidance in relation to subtidal notifications of SSSIs

(1)The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

(2)In this section and section 28CB “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, 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

I153Sch. 13 para. 7 partly in force; Sch. 13 para. 7 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I154Sch. 13 para. 7 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Power to call in subtidal notifications of SSSIsE+W

8After section 28CA of the 1981 Act (inserted by paragraph 7) insert—E+W

28CBPower to call in subtidal notifications

(1)This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

(2)Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

(3)At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4)If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

(5)The ministerial authority may direct—

(a)that the notification (if confirmed) must include all of the subtidal land;

(b)that the notification (if confirmed) must not include any of the subtidal land;

(c)that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

(d)that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

(6)If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

(7)The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a)appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b)providing written representations to such a person.

(8)A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(9)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

(10)The power to make regulations under subsection (9) is exercisable by statutory instrument.

(11)A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12)A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for 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

I155Sch. 13 para. 8 partly in force; Sch. 13 para. 8 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 13 para. 8 in force for further specified purposes on 12.1.2010 see s. 324(2)(b)(ii)

I156Sch. 13 para. 8 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Denotification of SSSI on designation of area as MCZE+W

9(1)Section 28D of the 1981 Act (denotification) is amended as follows.E+W

(2)In subsection (1) before “is not of special interest” insert “ (a) ” and after “mentioned in section 28(1),” insert “or

(b)should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,.

(3)In subsection (2)(a)—

(a)after “the local planning authority” insert “ (if any) ”;

(b)for “the land which Natural England no longer consider to be of special interest” substitute “ the land mentioned in subsection (1) ”.

(4)In subsection (3) for “that fact” substitute “ the fact mentioned in subsection (1)(a) or (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

I157Sch. 13 para. 9 partly in force; Sch. 13 para. 9 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I158Sch. 13 para. 9 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Part 3 E+WNational nature reserves

Marine boundaries of national nature reservesE+W

10(1)In section 35 of the 1981 Act (national nature reserves) after subsection (1) insert—E+W

(1A)The land which may be declared to be a national nature reserve in England or Wales includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;

(b)that the management of area A as a nature reserve is by reason of any 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 land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(1D)The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.

The ministerial authority” has the meaning given by section 35A(12).

(2)No declaration under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the declaration relates includes land lying below mean low water mark.

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

I159Sch. 13 para. 10 partly in force; Sch. 13 para. 10 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(ii)

I160Sch. 13 para. 10 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Power to call in subtidal declarations of national nature reservesE+W

11After section 35 of the 1981 Act insert—E+W

35APower to call in subtidal declarations

(1)This section applies where—

(a)the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and

(b)the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).

(2)The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(3)At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4)If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).

(5)The ministerial authority may direct—

(a)that the reserve (if declared) must include all of the subtidal land;

(b)that the reserve (if declared) must not include any of the subtidal land;

(c)that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;

(d)that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.

(6)The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a)appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b)providing written representations to such a person.

(7)A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(8)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).

(9)The power to make regulations under subsection (8) is exercisable by statutory instrument.

(10)A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12)In this section “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, 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

I161Sch. 13 para. 11 partly in force; Sch. 13 para. 11 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 13 para. 11 in force for further specified purposes on 12.1.2010 see s. 324(2)(b)(ii)

I162Sch. 13 para. 11 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)

Section 184

Schedule 14E+WInshore fisheries and conservation authorities: amendments

Coast Protection Act 1949 (c. 74)E+W

1The Coast Protection Act 1949 is amended as follows.E+W

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

I163Sch. 14 para. 1 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

2In section 2 (constitution of coast protection boards)—E+W

(a)in subsection (2)(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”;

(b)in subsection (8)(a), after “(other than the Tweed Commissioners)” insert “ , inshore fisheries and conservation authority ”.

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

I164Sch. 14 para. 2 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

3In section 45 (service of notices and other documents), in subsection (1)(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”.E+W

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

I165Sch. 14 para. 3 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

4In section 49(1) (interpretation) after the definition of “functions” insert—E+W

inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;.

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

I166Sch. 14 para. 4 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

5In Part 1 of the First Schedule (general provisions concerning procedure for making orders, etc), in paragraph 1(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”.E+W

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

I167Sch. 14 para. 5 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Nuclear Installations Act 1965 (c. 57)E+W

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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.

Amendments (Textual)

Commencement Information

I168Sch. 14 para. 6 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Sea Fish (Conservation) Act 1967 (c. 84)E+W

7In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and other fishing gear), in subsection (7), before “or in any regulation made” insert “ or in any byelaw made under section 155 of the Marine and Coastal Access Act 2009, ”.E+W

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

I169Sch. 14 para. 7 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Prevention of Oil Pollution Act 1971 (c. 60)E+W

8In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after subsection (5) insert—E+W

(5A)If an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009, or any inshore fisheries and conservation officer appointed by the authority under section 165 of that Act, is authorised in that behalf under subsection (1) of this section, the authority may institute proceedings for any offence under this Act committed within the district.

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

I170Sch. 14 para. 8 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Local Government Act 1974 (c. 7)E+W

9In section 31A of the Local Government Act 1974 (consideration of adverse reports), in subsection (3)—E+W

(a)after paragraph (a) insert—

(aa)an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,;

(b)after “that committee” insert “ , authority ”.

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

I171Sch. 14 para. 9 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

Fisheries Act 1981 (c. 29)E+W

10In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming: offences to which section 33(1) applies), after paragraph 17A (inserted by the Inshore Fishing (Scotland) Act 1984 (c. 26)) insert—E+W

17BAny offence under section 163 of the Marine and Coastal Access Act 2009 (contravention of byelaws made by inshore fisheries and conservation authorities).

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

I172Sch. 14 para. 10 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Wildlife and Countryside Act 1981 (c. 69)E+W

11In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of Part 1)—E+W

(a)in paragraph (c) of the definition of “authorised person”, after “the Salmon Fisheries (Scotland) Act 1862” insert “ or an inshore fisheries and conservation authority ”;

(b)after the definition of “inland waters” insert—

inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;.

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

I173Sch. 14 para. 11 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Local Government and Housing Act 1989 (c. 42)E+W

12The Local Government and Housing Act 1989 is amended as follows.E+W

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

I174Sch. 14 para. 12 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

13(1)Section 5 (designation and reports of monitoring officer) is amended as follows.E+W

(2)After subsection (3) insert—

(3A)The references in subsection (2) above, in relation to a relevant authority in England, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to—

(a)any inshore fisheries and conservation authority (“IFC authority”) the members of which include persons who are members of the relevant authority, and

(b)any sub-committee appointed by such an authority;

but in relation to any such IFC authority or sub-committee the reference in subsection (3)(b) above to each member of the authority shall have effect as a reference to each member of the IFC authority or, as the case may be, of the IFC authority which appointed the sub-committee.

(3)In subsection (5), after “a relevant authority” insert “ and of any IFC authority falling within paragraph (a) of subsection (3A) above ”.

(4)In subsection (8), after the definition of “chief finance officer” insert—

inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;.

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

I175Sch. 14 para. 13 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

14In section 13 (voting rights of members of certain committees), in subsection (4), after paragraph (f) insert—E+W

(fa)an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;.

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

I176Sch. 14 para. 14 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

15In paragraph 2(1) of Schedule 1 (political balance on local authority committees etc) after paragraph (bb) insert—E+W

(bc)an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;.

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

I177Sch. 14 para. 15 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

Radioactive Substances Act 1993 (c. 12)E+W

16The Radioactive Substances Act 1993 is amended as follows.E+W

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

I178Sch. 14 para. 16 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

17In section 47(1) (general interpretation provisions), in the definition of “relevant water body”, after “sewerage undertaker” insert “ or an inshore fisheries and conservation authority ”.E+W

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

I179Sch. 14 para. 17 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

18In Schedule 3 (enactments to which section 40 applies), after paragraph 10 insert—E+W

10ASection 155 of the Marine and Coastal Access Act 2009.

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

I180Sch. 14 para. 18 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Freedom of Information Act 2000 (c. 36)E+W

19In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government bodies which are public authorities), after paragraph 35A insert—E+W

35BAn inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.

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

I181Sch. 14 para. 19 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(l)

Natural Environment and Rural Communities Act 2006 (c. 16)E+W

20In Schedule 7 to the Natural Environment and Rural Communities Act 2006 (designated bodies), after paragraph 1 insert—E+W

1AAn inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.

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

I182Sch. 14 para. 20 in force at 1.4.2011 by S.I. 2011/556, art. 2(2)(k)

Section 201

Schedule 15E+WSea Fish (Conservation) Act 1967: minor and consequential amendments

Sea Fish (Conservation) Act 1967 (c. 84)E+W

1(1)Section 1 (size limits, etc for fish) is amended as follows.E+W

(2)In subsection (4)—

(a)for “Different sizes” substitute “ Different requirements as to size ”;

(b)for “different sizes” substitute “ different requirements as to size ”.

(3)In subsection (5)—

(a)for “a size” substitute “ requirements as to size ”;

(b)for the words from “if the part” to the end substitute “ if the part does not meet the requirements as to size so prescribed. ”

(4)In subsection (8)—

(a)for “a relevant British fishing boat or a Scottish fishing boat” substitute “ a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat ”;

(b)for “foreign fishing boat” substitute “ foreign vessel ”.

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

I183Sch. 15 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

2(1)Section 3 (regulation of nets and other fishing gear) is amended as follows.E+W

(2)In subsection (3)(c), after “classes of fishing boats,” insert “ or particular persons or persons of a particular description, ”.

(3)In subsection (7), after “carrying” (in each place where it occurs) insert “ or use ”.

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

I184Sch. 15 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

3(1)Section 5 (power to restrict fishing for sea fish) is amended as follows.E+W

(2)In subsection (2), for the words after “different provision” substitute “ for different cases ”.

(3)In subsection (5), after “prohibition” insert “ or restriction ”.

(4)In subsection (6)—

(a)after “is made” insert “ by virtue of paragraph (a) of subsection (1) above ”;

(b)for “any fishing operations conducted” substitute “ fishing ”;

(c)for the words from “are taken” to “applies” substitute “ are caught by a person, or taken on board a fishing boat, in contravention of the prohibition ”.

(5)After subsection (6) insert—

(6A)A person who does not comply with subsection (6) above shall be guilty of an offence 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

I185Sch. 15 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

4In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “ subsection (4) ”.E+W

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

I186Sch. 15 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

Fisheries Act 1981 (c. 29)E+W

5(1)Schedule 4 (exemptions for fish farming) is amended as follows.E+W

(2)In Part 1 (offences to which section 33(1) applies)—

(a)in paragraph 12, for “smaller than prescribed size” substitute “ which do not meet prescribed size requirements ”;

(b)in paragraph 13, after “section 3(5)” insert “ or (5A) ”;

(c)in paragraph 16, after “prohibiting” insert “ or restricting ”.

(3)In Part 2 (offences to which section 33(5) applies), in paragraph 33—

(a)for “the Sea Fisheries (Conservation) Act 1967” substitute “ the Sea Fish (Conservation) Act 1967 ”;

(b)for “smaller than the prescribed size” substitute “ which do not meet prescribed size requirements ”.

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

I187Sch. 15 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8

Section 233(1)

Schedule 16E+WMigratory and freshwater fish: consequential and supplementary amendments

Salmon and Freshwater Fisheries Act 1975 (c. 51)E+W

1The Salmon and Freshwater Fisheries Act 1975 has effect subject to the amendments in paragraphs 2 to 17.E+W

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

I188Sch. 16 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(a)

I189Sch. 16 para. 1 in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

2Section 3 (nets) is omitted.E+W

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

I190Sch. 16 para. 2 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

3(1)Section 5 (prohibition of use of explosives etc) is amended as follows.E+W

(2)In subsection (1), for “subsection (2)” substitute “ subsections (2) and (2A) ”.

(3)In subsection (2)(b), at the end insert “ , for which the Agency may charge a fee ”.

(4)After subsection (2) insert—

(2A)Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the Agency under section 27A below.

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

I191Sch. 16 para. 3(1) in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(b)

I192Sch. 16 para. 3(1) in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

4Sections 6 to 8 (fixed engines, fishing weirs and fishing mill dams) are omitted.E+W

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

I195Sch. 16 para. 4 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

5Section 16 (boxes and cribs in weirs and dams) is omitted.E+W

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

I196Sch. 16 para. 5 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

6Section 17 (restrictions on taking salmon or trout above or below an obstruction or in mill races) is omitted.E+W

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

I197Sch. 16 para. 6 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

7In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17” substitute “ or 15 ”.E+W

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

I198Sch. 16 para. 7 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

8Sections 19 to 22 (close seasons etc) are omitted.E+W

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

I199Sch. 16 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(c)

I200Sch. 16 para. 8 in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

9(1)Section 25 (licences to fish) is amended as follows.E+W

(2)In subsection (2), for “an instrument” substitute “ the means of fishing ”.

(3)In subsection (3)—

(a)for “an instrument” substitute “ any means of fishing ”;

(b)for “the instrument” substitute “ that means of fishing ”.

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

I201Sch. 16 para. 9 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

10(1)Section 26 (limitation of fishing licences) is amended as follows.E+W

(2)In subsection (1), for “the Minister” substitute “ the appropriate national authority ”.

(3)In subsection (2)—

(a)for “the Minister” substitute “ the appropriate national authority ”;

(b)for “he” (in both places) substitute “ that authority ”;

(c)for “his” substitute “that authority's”;

(d)for “him” substitute “ that authority ”.

(4)In subsection (3)—

(a)for “The Minister” substitute “ The appropriate national authority ”;

(b)for “him” substitute “ that authority ”;

(c)for “he” substitute “ that authority ”.

(5)In subsection (6)—

(a)for “The Minister” substitute “ The appropriate national authority ”;

(b)for “him” substitute “ that authority ”;

(c)for “he” substitute “ that authority ”.

(6)In subsection (7)—

(a)for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

(b)for “the Minister”, in the second place, substitute “ that authority ”.

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

I202Sch. 16 para. 10 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

11(1)Section 27 (unlicensed fishing) is amended as follows.E+W

(2)The existing provision is renumbered as subsection (1).

(3)In that subsection, after “of any description” insert “ by any licensable means of fishing ”.

(4)In that subsection, for paragraphs (a) and (b) substitute—

(a)fishes for or takes fish of that description by that means and—

(i)is not entitled to use that means for that purpose by virtue of a fishing licence, or

(ii)is acting in breach of any condition of such a licence, or

(b)where that licensable means of fishing is an instrument, has that instrument in his possession with intent to use it for that purpose and is not entitled to use it for that purpose by virtue of a fishing licence.

(5)After that subsection insert—

(2)Subsection (1) above does not apply to a person where—

(a)he has permission under section 25(10) above to take fish of that description in that place by that means, and

(b)he is not acting in breach of any condition of that permission.

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

I203Sch. 16 para. 11 in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

12In section 33 (orders and warrants to enter suspected premises), in subsection (2), for “or any salmon, trout, freshwater fish or eels to have been illegally taken” substitute “ or an offence against this Act to have been committed in the taking of any fish ”.E+W

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

13In section 34 (power to apprehend persons fishing illegally), for the words from “illegally takes or kills” to “by this Act” substitute “ takes or kills any fish where the taking or killing constitutes an offence under this Act, or is found on or near any waters with intent to take or kill any fish where the taking or killing would constitute an offence under this Act, or having an instrument prohibited by this Act in his possession for the capture of any fish, where the capture would constitute an offence under this Act ”.E+W

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

14(1)In section 41 (interpretation), subsection (1) is amended as follows.E+W

(2)In the definition of “fixed engine”, in paragraph (d), for “salmon or trout” substitute “ fish ”.

(3)After the definition of “general licence” insert—

historic installation” has the meaning given by section 25 above;.

(4)After the definition of “inland water” insert—

licensable means of fishing” has the meaning given by section 25 above;.

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

I206Sch. 16 para. 14(1) in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(e)

I207Sch. 16 para. 14(1) in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

15Schedule 1 (close seasons and close times) is omitted.E+W

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

16(1)Schedule 2 (licences) is amended as follows.E+W

(2)In paragraph 1(2), for “in special cases” substitute “ in such cases as it considers appropriate ”.

(3)In paragraph 2, for the words from “different instruments” to “different descriptions of fish” substitute “ different descriptions of licence ”.

(4)In paragraph 3, for “any instrument” substitute “ any licensable means of fishing ”.

(5)In paragraph 4—

(a)for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

(b)for “the Minister”, in the second place, substitute “ that authority ”.

(6)In paragraph 5—

(a)for “The Minister” substitute “ The appropriate national authority ”;

(b)for “his” substitute “that authority's”;

(c)for “the Minister” substitute “ that authority ”.

(7)In paragraph 7—

(a)for “an instrument” substitute “ any licensable means of fishing ”;

(b)for “that instrument” substitute “ that means ”.

(8)In paragraph 9—

(a)in sub-paragraph (1)—

(i)for “an instrument of any description” substitute “ any licensable means of fishing ”;

(ii)for “with instruments of that description” substitute “ by that means ”;

(iii)for “an instrument of that description”, in the first place, substitute “ that means of fishing ”;

(iv)for “the instrument”, in the first place, substitute “ that means of fishing ”;

(v)in paragraph (b), for “an instrument of that description”, substitute “ that means of fishing ”;

(vi)in paragraph (c), for “the instrument” substitute “ that means of fishing ”;

(b)in sub-paragraph (2)—

(i)for “an instrument of any description” substitute “ any licensable means of fishing ”;

(ii)for “an instrument of that description” substitute “ that means of fishing ”;

(iii)for “the instrument”, in the first place, substitute “ that means of fishing ”;

(iv)in paragraph (c), for “the instrument” substitute “ that means of fishing ”.

(9)In paragraph 10, after “entered on” insert “ or removed from ”.

(10)In paragraph 13, for “the instrument”, in both places, substitute “ the means of fishing ”.

(11)In paragraph 15, for “the instrument” substitute “ the means of fishing ”.

(12)In paragraph 17, for “instrument” substitute “ other thing ”.

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

I211Sch. 16 para. 16(1) in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(g)

I212Sch. 16 para. 16(1) in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

I213Sch. 16 para. 16(2)(3)(5)(6)(9) in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(g)

I214Sch. 16 para. 16(4)(7)(8)(10)-(12) in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

17(1)Schedule 4 (offences) is amended as follows.E+W

(2)In the table in paragraph 1(2), the entries relating to section 19(2), section 19(4), section 19(6), section 19(7) and section 21 are omitted.

(3)In that table, in the entry relating to section 27—

(a)in the second column—

(i)after “fishing for fish” insert “ by licensable means of fishing ”;

(ii)after “unlicensed” insert “ licensable ”;

(b)in the third column, in paragraph (a), for the words from “instrument” to “rod and line” substitute “ offence is one alleged to be committed by use or possession of rod and line (only) ”.

(4)In paragraph 1(3), for the words from “both” to the end substitute—

(a)both are engaged in committing—

(i)an offence under section 1 above, other than one committed without any instrument, or

(ii)an offence under section 27 above, other than one committed by means of a rod and line (only), or

(b)one is aiding, abetting, counselling or procuring the commission of such an offence by the other.

(5)In paragraph 7, for “salmon, trout or freshwater fish” substitute “ fish ”.

(6)In paragraph 9—

(a)after “any fishing or general licence” insert “ or authorisation under section 27A above ”;

(b)after “a fishing or general licence” (in both places) insert “ or authorisation under section 27A above ”.

(7)In paragraph 10—

(a)after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

(b)after “the licence” (in every place) insert “ or authorisation under section 27A above ”.

(8)In paragraph 11—

(a)after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

(b)after “a licence” insert “ or authorisation ”;

(c)after “the licence” insert “ or authorisation ”.

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

I215Sch. 16 para. 17(1) in force at 12.1.2010 for specified purposes by S.I. 2009/3345, art. 2, Sch. para. 15(h)

I216Sch. 16 para. 17(1) in force at 1.1.2011 in so far as not already in force by S.I. 2010/298, art. 2, Sch. para. 13

I217Sch. 16 para. 17(2)(4)(5) in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(h)

I218 Sch. 16 para. 17(3)(6)-(8) in force at 1.1.2011 by S.I. 2010/298, art. 2, Sch. para. 13

Fisheries Act 1981 (c. 29)E+W

18(1)In the Fisheries Act 1981, in Part 1 of Schedule 4 (offences to which section 33(1) of that Act applies), paragraph 6 is amended as follows.E+W

(2)In paragraph (a), after “any fish” insert “ to which paragraph 6 of that Schedule applies ”.

(3)After paragraph (a) insert—

(aa)specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws;.

(4)In paragraph (b), for “trout or any freshwater fish of a size” substitute “ any fish to which that paragraph applies of a size greater or ”.

(5)In paragraph (c)—

(a)for “salmon, trout, or freshwater fish” substitute “ fish to which that paragraph applies ”;

(b)the words “(not being a fixed engine)” are omitted.

(6)In paragraph (d)—

(a)the words “(not being fixed engines)” are omitted;

(b)for “salmon, trout, freshwater fish and eels” substitute “ fish to which that paragraph applies ”.

(7)In paragraph (f)—

(a)for “salmon or trout” substitute “ fish to which that paragraph applies ”;

(b)for “which is not licensed” substitute “ which may not lawfully be used ”.

(8)In paragraph (g), for “the annual close season for salmon of a net capable of taking salmon” substitute “ any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description ”.

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

Salmon Act 1986 (c. 62)E+W

19In section 32 of the Salmon Act 1986 (handling salmon in suspicious circumstances), subsection (6)(a) is omitted.E+W

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

Water Resources Act 1991 (c. 57)E+W

20The Water Resources Act 1991 has effect subject to the amendments in paragraphs 21 to 25.E+W

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

21In section 115 (fisheries orders), in subsection (1)—E+W

(a)in paragraph (a), after “Salmon and Freshwater Fisheries Act 1975” insert “ (as amended by the Marine and Coastal Access Act 2009) ”;

(b)in paragraph (b), after “this Act” insert “ (as so amended) ”.

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

22In section 116 (power to give effect to international obligations)—E+W

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

(b)after that subsection insert—

(2)In subsection (1), the reference to functions includes any functions conferred on the Agency by virtue of the Marine and Coastal Access Act 2009.

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

23(1)Section 212 (compensation in respect of certain fisheries byelaws) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (a)—

(i)for “salmon, trout, or freshwater fish” substitute “ any fish to which paragraph 6 of that Schedule applies ”;

(ii)the words “(not being a fixed engine)” are omitted;

(b)in paragraph (b)—

(i)the words “(not being fixed engines)” are omitted;

(ii)for “salmon, trout, freshwater fish and eels” substitute “ any such fish ”.

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

24(1)In Schedule 25 (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.E+W

(2)In sub-paragraph (2)—

(a)the words “Subject to paragraph 7(1) below” are omitted;

(b)in paragraph (a), after “any fish” insert “ to which this paragraph applies ”;

(c)in paragraph (b)—

(i)in sub-paragraph (i), for “trout or any freshwater fish” substitute “ any fish to which this paragraph applies ”;

(ii)in sub-paragraph (ii), after “fish” insert “ to which this paragraph applies ”;

(d)in paragraph (c)—

(i)for “salmon, trout, or freshwater fish” substitute “ fish to which this paragraph applies ”;

(ii)the words “(not being a fixed engine)” are omitted;

(e)in paragraph (d)—

(i)the words “(not being fixed engines)” are omitted;

(ii)for “salmon, trout, freshwater fish and eels” substitute “ fish to which this paragraph applies ”;

(f)in paragraph (g), the word “licensed” is omitted;

(g)in paragraph (h)—

(i)for “salmon or trout” substitute “ fish to which this paragraph applies ”;

(ii)for “which is not licensed” substitute “ which may not lawfully be used ”;

(h)in paragraph (i), for “the annual close season for salmon of a net capable of taking salmon” substitute “ any close season or time for any description of fish to which this paragraph applies of a net capable of taking fish of that description ”.

(3)In sub-paragraph (5) for “salmon, trout, freshwater fish or eels” substitute “ fish to which this paragraph applies ”.

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

25In that Schedule, paragraph 7 is omitted.E+W

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

Environment Act 1995 (c. 25)E+W

26In section 13 of the Environment Act 1995 (regional and local fisheries advisory committees), in subsection (1)(a), for the words from “salmon fisheries” to “eel fisheries” substitute “ fisheries referred to in section 6(6) above ”.E+W

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

Section 249

Schedule 17E+W+S+N.I.Warrants issued under section 249

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.

Modifications etc. (not altering text)

IntroductoryE+W+S+N.I.

1(1)This Schedule has effect in relation to the issue to enforcement officers of warrants under section 249.E+W+S+N.I.

(2)An entry into a dwelling under such a warrant is unlawful unless it complies with the provisions of this Schedule.

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

I228Sch. 17 para. 1 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

Applications for warrantsE+W+S+N.I.

2(1)Where an enforcement officer applies for a warrant, the officer must—E+W+S+N.I.

(a)state the ground on which the application is made,

(b)state the enactment under which the warrant would be issued,

(c)specify the dwelling which it is desired to enter and inspect, and

(d)identify, so far as is practicable, the purpose for which entry is desired.

(2)An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.

(3)The officer must answer on oath any question that the justice hearing the application asks the officer.

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

I229Sch. 17 para. 2 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

Safeguards in connection with power of entry conferred by warrantE+W+S+N.I.

3A warrant authorises an entry on one occasion only.E+W+S+N.I.

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

I230Sch. 17 para. 3 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

4(1)A warrant must specify—E+W+S+N.I.

(a)the name of the person who applies for it,

(b)the date on which it is issued,

(c)the enactment under which it is issued, and

(d)the dwelling to be entered.

(2)A warrant must identify, so far as is practicable, the purpose for which entry is desired.

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

I231Sch. 17 para. 4 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

5(1)Two copies are to be made of a warrant.E+W+S+N.I.

(2)The copies must be clearly certified as copies.

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

I232Sch. 17 para. 5 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

Execution of warrantsE+W+S+N.I.

6(1)A warrant may be executed by any appropriate enforcement officer.E+W+S+N.I.

(2)In sub-paragraph (1) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who applied for the warrant, and includes a reference to that officer.

(3)In sub-paragraph (2) “relevant authority” means the person or body on whose behalf the officer who applied for the warrant was acting.

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

I233Sch. 17 para. 6 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

7(1)A warrant may authorise persons to accompany any enforcement officer who is executing it.E+W+S+N.I.

(2)A person authorised under this paragraph has the same powers as the officer whom the person is accompanying in respect of the execution of the warrant, but may exercise those powers only in the company of, and under the supervision of, an enforcement officer.

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

I234Sch. 17 para. 7 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

8(1)Execution of a warrant must be within three months from the date of its issue.E+W+S+N.I.

(2)Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the dwelling may be frustrated if the officer seeks to enter at a reasonable time.

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

I235Sch. 17 para. 8 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

9(1)Where the occupier of a dwelling that is to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—E+W+S+N.I.