Search Legislation

Marine and Coastal Access Act 2009

Status:

This is the original version (as it was originally enacted).

59The appropriate marine policy documents
This section has no associated Explanatory Notes

(1)This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58.

(2)For that purpose—

(a)subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and

(b)subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.

(3)To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.

(4)A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—

(a)it contains a statement under section 51(8) that it includes provision relating to retained functions,

(b)it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and

(c)it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region.

(5)Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities—

(a)any Minister of the Crown;

(b)any government department;

(c)if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;

(d)any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;

(e)any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;

(f)any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.

(6)For the purposes of subsection (5)(f)

(a)the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and

(b)the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.

(7)In this section—

  • “adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));

  • “Counsel General” means the Counsel General to the Welsh Assembly Government;

  • “devolved marine planning region” means any marine planning region other than—

    (a)

    the English inshore region, and

    (b)

    the English offshore region;

  • “devolved policy authority” means—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers;

    (c)

    the Department of the Environment in Northern Ireland;

  • “First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

  • “non-departmental public authority” means any public authority other than—

    (a)

    a Minister of the Crown or government department;

    (b)

    the Scottish Ministers;

    (c)

    the Welsh Ministers, the First Minister or the Counsel General;

    (d)

    a Northern Ireland Minister or a Northern Ireland department;

  • “Northern Ireland Minister”—

    (a)

    has the same meaning as in the Northern Ireland Act 1998 (c. 47), but

    (b)

    includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

  • “primary devolved authority”, in relation to a devolved policy authority, means—

    (a)

    in the case of the Welsh Ministers, the First Minister or the Counsel General;

    (b)

    in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;

  • “retained functions” is defined for the purposes of this Part in section 60;

  • “secondary devolved functions” has the same meaning as in section 60.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources