Marine and Coastal Access Act 2009

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.

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))

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)