Chwilio Deddfwriaeth

Marine and Coastal Access Act 2009

Changes to legislation:

Marine and Coastal Access Act 2009, Section 232 is up to date with all changes known to be in force on or before 28 March 2024. 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

232Keeping, introduction and removal of fishE+W+S
This adran has no associated Nodiadau Esboniadol

(1)The appropriate national authority may by regulations make provision for the purpose of prohibiting persons, in such cases as may be specified in the regulations, from carrying on any of the activities specified in subsection (2) otherwise than under and in accordance with a permit issued by [F1the appropriate agency].

(2)The activities referred to in subsection (1) are—

(a)keeping any fish in the area to which this section applies;

(b)introducing any fish into any inland waters in that area;

(c)removing any fish from any inland waters in that area.

(3)The area to which this section applies is the area consisting of—

(a)England,

(b)Wales, and

(c)so much of the catchment area of the River Esk as is in Scotland.

(4)The references in subsection (2)(b) and (c) to inland waters do not include the River Tweed.

(5)Regulations made under this section may in particular—

(a)make provision as to the descriptions of permits to be issued;

(b)specify the manner and form of an application for a permit from [F2the appropriate agency] to carry out any activity specified in subsection (2) and the sum, or maximum sum, to be paid on the making of such an application;

(c)specify the circumstances in which such an application is to be granted or refused and any considerations which [F2the appropriate agency] may or must take into account when determining whether or not to issue such a permit;

(d)specify the conditions that may be incorporated into such a permit;

(e)make provision for the amendment, suspension or revocation of such a permit;

(f)make provision authorising [F2the appropriate agency] to exempt persons from any requirement under the regulations to obtain such a permit;

(g)make provision as to the effect of a prohibition under regulations made under this section on fishing pursuant to any licence, authorisation, permission, or right to fish;

(h)make provision enabling [F2the appropriate agency] to require a person in breach of any requirement under regulations made under this section, or in breach of any condition of a permit under such regulations—

(i)to take steps to ensure that the position is, so far as possible, restored to what it would have been had there been no such breach;

(ii)to allow [F2the appropriate agency] to take such steps;

(iii)to pay to [F2the appropriate agency] a sum representing reasonable expenses of any such steps taken or to be taken by [F3the appropriate agency];

(i)make provision creating criminal offences for the purpose of securing compliance with regulations made under this section or of any requirements under paragraph (h);

(j)make other provision for the enforcement of requirements under the regulations, including provision conferring the following powers on [F4the appropriate agency]

(i)powers of entry;

(ii)powers of search and seizure;

(iii)powers to destroy or release any fish seized.

(6)Provision under subsection (5)(a) may specify that a permit may be issued—

(a)in respect of one or more of the activities specified in subsection (2);

(b)in relation to the carrying on of any one or more of those activities on one occasion or more than one occasion;

(c)for periods of limited or unlimited duration.

(7)Provision under subsection (5)(i) must provide that where a person is guilty of an offence created under that subsection, the person is liable—

(a)on summary conviction, to [F5a fine not exceeding £50,000][F5a fine, the amount of which may be limited by the regulations];

(b)on conviction on indictment, to a fine.

(8)In this section—

  • [F6“appropriate agency” means—

    (a)

    the Environment Agency, otherwise than in relation to Wales, and

    (b)

    the Natural Resources Body for Wales, in relation to Wales;]

  • appropriate national authority” means—

    (a)

    the Secretary of State, otherwise than in relation to Wales;

    (b)

    the Welsh Ministers, in relation to Wales;

  • references to “fish” include the spawn of fish;

  • inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57);

  • River Tweed” means “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.

Textual Amendments

Commencement Information

I1S. 232 partly in force; s. 232 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2S. 232 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 14

Yn ôl i’r brig

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 y Ddeddf Gyfan

Y Ddeddf Gyfan 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 y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni 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

Y Rhestrau 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

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Asesiadau Effaith

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

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill