Marine and Coastal Access Act 2009 (c. 23)

Part 5 U.K. Nature conservation

Chapter 1 U.K. Marine conservation zones [F1 and management of sea fisheries]

Textual Amendments

F1 Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))

C2 Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a) 38(3)(4) (with regs. 38(5), 125)

C3 Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)

Duties of public authorities U.K.

128 Failure to comply with duties etc U.K.

(1) This section applies if, in the opinion of the appropriate statutory conservation body, a public authority has failed—

(a) to comply with the duty imposed by section 125(2) or the duty imposed by section 126(5);

(b) to act in accordance with advice or guidance given by the appropriate statutory conservation body under section 127.

(2) Where this section applies—

(a) the body may request from the authority an explanation for the failure, and

(b) on such a request, the authority must provide such an explanation in writing.

(3) In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Commencement Information

I1 S. 128 partly in force; s. 128 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I2 S. 128 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(a)