Marine and Coastal Access Act 2009

99 Orders under section 98: supplementary provisions

(1) For so long as an order made under section 98 remains in force, the designated functions are exercisable by or in relation to the delegate acting on behalf of the licensing authority or, as the case may be, the enforcement authority (and are not exercisable by or in relation to the authority).

(2) Subsection (1) is subject to any provision to the contrary which is included in the order.

(3) An order under section 98 may include—

(a) such terms or conditions,

(b) such obligations or requirements,

(c) such financial provisions,

as the authority making the order may determine.

(4) The provision that may be made under subsection (3) includes, in particular, provision (where appropriate) as to—

(a) the manner in which the delegate is to exercise any of the functions;

(b) the form and manner in which licence applications must be made to the delegate;

(c) the persons to whom notice of an application should be published under section 68, and the circumstances in which such notice should not be published;

(d) matters (in addition to those set out in section 69) to which the delegate must have regard in determining licence applications;

(e) the circumstances in which the delegate must exercise the power to consult under section 69(4), and the persons who must or may be consulted;

(f) the form and content of any licence granted;

(g) appeals from any decision of the delegate (whether to the licensing authority or any other person);

(h) any other provision that may be made by virtue of section 69(6).

(5) An order under section 98 may make different provision for different cases, different areas or different persons.

(6) Where an order has been made under section 98 that a person other than the appropriate licensing authority is to grant licences—

(a) that other person may (in accordance with subsections (1) to (3) and (7) of section 72) vary, suspend, revoke or transfer a licence granted before the making of the order, and

(b) any reference in those subsections to a licence granted by a licensing authority includes a reference to a licence granted by that other person.