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Marine and Coastal Access Act 2009

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Changes to legislation:

Marine and Coastal Access Act 2009, Section 323 is up to date with all changes known to be in force on or before 17 February 2019. 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

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323ExtentE+W+S+N.I.

This section has no associated Explanatory Notes

(1)Subject to the following provisions of this section, this Act extends to England and Wales only.

(2)The amendment or repeal of any enactment (including an enactment comprised in subordinate legislation) by, or in consequence of, the following provisions of this Act has the same extent as the enactment amended or repealed—

(a)Part 1 (the MMO);

(b)Part 2 (exclusive economic zone, UK marine area and Welsh zone), other than paragraph 2 of Schedule 4;

(c)Chapter 3 of Part 7 (migratory and freshwater fish);

(d)Chapter 4 of Part 7 (obsolete fisheries enactments);

(e)Part 9 (coastal access);

(f)in Part 10—

(i)sections 311 and 312 (Natural England);

(ii)section 313 (Countryside Council for Wales);

(iii)section 314 (which inserts Part 4A into the Energy Act 2008 (c. 32));

(g)Schedule 14 (minor and consequential amendments relating to IFC authorities).

(3)Subject to subsection (2)—

(a)any repeal in Schedule 22 (and section 321 so far as relating to the repeal) has the same extent as the provisions of this Act to which the repeal relates, but

(b)paragraph (a) is subject to any provision in the notes in that Schedule.

(4)Subject to subsection (2), the following provisions also extend to Scotland—

(a)Part 1 (the MMO);

(b)Part 2 (exclusive economic zone, UK marine area and Welsh zone);

(c)Part 3 (marine planning);

(d)Part 4 (marine licensing), other than paragraph 1 of Schedule 8;

(e)Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;

(f)in Chapter 1 of Part 6, sections 165, 166 and 186 (powers of IFC officers etc);

(g)in Part 7 (fisheries)—

(i)sections 212 and 213 (crabs and lobsters);

(ii)section 232 (keeping, introduction and removal of fish);

(h)in Part 8 (enforcement), Chapters 1 to 5 and section 295;

(i)this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).

(5)Subject to subsection (2), the following provisions also extend to Northern Ireland—

(a)Part 1 (the MMO);

(b)Part 2 (exclusive economic zone, UK marine area and Welsh zone);

(c)Part 3 (marine planning);

(d)Part 4 (marine licensing), other than paragraph 1 of Schedule 8;

(e)Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;

(f)in Part 8 (enforcement), Chapters 1 to 5 and section 295;

(g)this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).

(6)The amendments and repeals made by this Act to provisions of the Food and Environment Protection Act 1985 (c. 48) do not extend to any of the Channel Islands or any British overseas territory.

(7)Her Majesty may by Order in Council—

(a)provide for any of the provisions of Part 4 (marine licensing) or this Part, so far as relating to Part 4, to extend, with or without modifications, to any of the territories specified in subsection (8), and

(b)where any such provision is made in relation to any of those territories, repeal any provisions of Part 2 or 4 of the Food and Environment Protection Act 1985 (deposits in the sea etc) as they have effect as part of the law of that territory.

(8)The territories mentioned in subsection (7) are—

(a)the Bailiwick of Jersey;

(b)the Falkland Islands;

(c)South Georgia and the Sandwich Islands;

(d)St Helena and Dependencies.

(9)In section 24 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to extend provisions of that Act to Isle of Man or Channel Islands), as it applies in relation to the Bailiwick of Guernsey, any reference to a provision of that Act includes a reference to that provision as amended by any provision of Chapter 1 of Part 7 of this Act.

(10)The amendments made by—

(a)paragraph 2 of Schedule 4 (amendments to the Fishery Limits Act 1976 (c. 86)),

(b)section 212 (taking of crabs and lobsters for scientific purposes), and

(c)section 213 (orders prohibiting the taking and sale of certain lobsters),

do not extend to the Isle of Man or the Channel Islands.

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