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)

Byelaws for [F2 marine conservation: England and the English offshore region] U.K.

Textual Amendments

F2 Words in s. 129 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 9 (with Sch. 4 para. 31)

131 Emergency byelaws U.K.

(1) Where the MMO thinks that there is an urgent need to protect an MCZ, a byelaw made by it for that purpose [F3 under section 129] has effect without being confirmed by the Secretary of State.

[F4 (1A) Where the MMO thinks that there is an urgent need to protect the English offshore region, a byelaw made by it under section 129B for that purpose has effect without being confirmed by the Secretary of State.]

(2) A byelaw that has effect by virtue of this section (an “emergency byelaw”)—

(a) comes into force on a date specified in the byelaw, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the byelaw.

(3) The MMO must publish notice of the making of an emergency byelaw.

(4) The notice under subsection (3) must—

(a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b) state that a copy of the byelaw may be inspected at the offices of the MMO;

(c) state that the Secretary of State has power to revoke the byelaw and that any person affected by the making of the byelaw may make representations to the Secretary of State.

(5) The Secretary of State may revoke an emergency byelaw.

(6) The MMO must keep under review the need for an emergency byelaw to remain in force.

(7) The MMO may, by further byelaw, provide that an emergency byelaw is to remain in force for such period beyond that specified under subsection (2)(b) as is specified in the further byelaw.

(8) The MMO may not make a byelaw under subsection (7) unless—

(a) it intends to make a byelaw under section 129 in respect of the MCZ [F5 , or under section 129B in respect of the English offshore region,] in accordance with section 130 (“the permanent byelaw”), and

(b) it has, in respect of the permanent byelaw, complied with section 130(6).

(9) A period specified under subsection (7) may not exceed 6 months.

Textual Amendments

F3 Words in s. 131(1) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 13(2) (with Sch. 4 para. 31)

F4 S. 131(1A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 13(3) (with Sch. 4 para. 31)

F5 Words in s. 131(8)(a) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 13(4) (with Sch. 4 para. 31)

Commencement Information

I1 S. 131 partly in force; s. 131 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)