The Marine Strategy Regulations 2010

PART 1 U.K. Preliminary and interpretation

Citation, commencement and application U.K.

1.—(1) These Regulations may be cited as the Marine Strategy Regulations 2010 and come into force on 15th July 2010.

(2) These Regulations apply only in relation to the marine strategy area.

Interpretation U.K.

2.—(1) In these Regulations—

“baseline” means the baseline from which the breadth of the territorial sea is measured;

“coastal water” has the meaning given by the Water Framework Directive (set out in Part 3 of Schedule 1);

“the Commission” means the European Commission;

“competent authority” means—

(a)

in relation to the Scottish inshore region and the Scottish offshore region, the Scottish Ministers;

(b)

in relation to the Welsh inshore region [F1 and the Welsh offshore region] , the Welsh Ministers;

(c)

in relation to the Northern Ireland inshore region, the [F2 Department of Agriculture, Environment and Rural Affairs] in Northern Ireland;

(d)

in relation to all other areas within the marine strategy area, the Secretary of State;

“Counsel General” has the same meaning as in the Government of Wales Act 2006(1);

“devolved function”, in relation to the marine strategy area, means any function which is not a retained function as respects that area;

“devolved marine area” means—

(a)

in relation to any function exercisable by the Scottish Ministers, the Scottish inshore region and the Scottish offshore region,

(b)

in relation to any function exercisable by the Welsh Ministers, the Welsh inshore region [F3 and the Welsh offshore region] , and

(c)

in relation to any function exercisable by the [F4 Department of Agriculture, Environment and Rural Affairs] in Northern Ireland, the Northern Ireland inshore region;

“devolved policy authority” means the Scottish Ministers, the Welsh Ministers and the [F5 Department of Agriculture, Environment and Rural Affairs”] in Northern Ireland;

“the Directive” means Directive 2008/56/EC of the European Parliament and of the Council of 17th June 2008 establishing a framework for Community action in the field of marine environmental policy(2);

“enactment” includes any Act of the Scottish Parliament, Northern Ireland legislation, any Act or Measure of the National Assembly for Wales and subordinate legislation, and for this purpose “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act or under any Act of the Scottish Parliament, Northern Ireland legislation or under any Act or Measure of the National Assembly for Wales;

“First Minister”, other than in relation to Northern Ireland, has the same meaning as in the Government of Wales Act 2006;

“local authority” means—

(a)

in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

in relation to Scotland, a council established by section 2(1) of the Local Government etc. (Scotland) Act 1994(3) for any local government area;

(c)

in relation to Wales, a county council, a county borough council or a community council;

(d)

in relation to Northern Ireland, a district council;

“marine protected area” means any geographically defined area within the marine strategy area which is subject to measures for the conservation of species or habitats;

“marine strategy” has the meaning given by Part 2 of Schedule 1;

“the marine strategy area” has the meaning given by regulation 3;

“marine waters” has the meaning given by regulation 3(3);

“Northern Ireland body” means the Foyle, Carlingford and Irish Lights Commission(4) and the following Departments in Northern Ireland: [F6 the Department for the Economy and the Department for Infrastructure] ;

“Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;

“Northern Ireland Minister” has the same meaning as in the Northern Ireland Act 1998(5), but includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

“Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;

“Northern Ireland public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;

“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);

“public authority” means a public body or public office holder, other than—

(a)

a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975(6);

(b)

a government department;

(c)

the Scottish Ministers;

(d)

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

(e)

a Northern Ireland Minister; or

(f)

a Northern Ireland department;

“public body” includes—

(a)

a local authority;

(b)

a local planning authority; and

(c)

a statutory undertaker;

“public office holder” means a person holding any of the following offices—

(a)

an office under the Crown;

(b)

an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly;

(c)

an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature;

“relevant function” has the meaning given in regulation 4(2);

“renewable energy zone” means any area within which the rights to which section 84 of the Energy Act 2004(7) applies are exercisable;

“retained function” has the meaning given in Part 1 of Schedule 1;

“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

“Scottish offshore region” means so much of the Scottish zone as lies beyond the seaward limits of the territorial sea, and areas of sea within the marine strategy area which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;

“Scottish public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;

“Scottish zone” has the same meaning as in the Scotland Act 1998(8) (see section 126(1) and (2) of that Act);

“secondary devolved function” means—

(a)

as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish function;

(b)

as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh function;

(c)

as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland function;

“secondary devolved Northern Ireland function” means any of the following—

(a)

a function exercisable by a Northern Ireland public authority,

(b)

a function exercisable by any other public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998),

other than any function in relation to which functions are exercisable by a Minister of the Crown or government department(9);

“secondary devolved Scottish function” means any of the following—

(a)

a function exercisable by a Scottish public authority,

(b)

a function exercisable by any other public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998),

other than any function in relation to which functions are exercisable by a Minister of the Crown or government department(10);

“secondary devolved Welsh function” means any of the following—

(a)

a function exercisable by a Welsh public authority,

(b)

a function conferred or imposed on a public authority by or under a Measure or Act of the National Assembly for Wales,

(c)

a function exercisable by a public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales,

other than any function in relation to which functions are exercisable by a Minister of the Crown or government department(11);

“statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990(12), Part 10 of the Town and Country Planning (Scotland) Act 1997(13) or the Planning (Northern Ireland) Order 1991(14);

“transitional waters” has the meaning given by the Water Framework Directive (set out in Part 3 of Schedule 1);

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as [F7 last amended by Commission Directive 2014/101/EU];

“Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;

“Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;

“Welsh public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General; and

“Welsh zone” has the same meaning as in the Government of Wales Act 2006(15) (see section 158(1) and (3) of that Act).

(2) Any expression used both in these Regulations and in the Directive and not otherwise defined in these Regulations has the same meaning for the purposes of these Regulations as it has for the purposes of the Directive, and the definitions contained in the Directive of expressions used in these Regulations are set out in Part 2 of Schedule 1.

(3) References in these Regulations to an Annex or an Article are to an Annex to, or an Article of, the Directive, unless otherwise specified.

(4) References in these Regulations to Annex 1, 3, 4 or 5 are references to that Annex as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(a)(i)

F2 Words in reg. 2(1) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(a)(ii)

F3 Words in reg. 2(1) inserted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(b)(i)

F4 Words in reg. 2(1) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(b)(ii)

F5 Words in reg. 2(1) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(c)

F6 Words in reg. 2(1) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(2)(d)

F7 Words in reg. 2 substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 16

Meaning of “the marine strategy area” and “marine waters” U.K.

3.—(1) For the purpose of these Regulations, “the marine strategy area” means—

(a) the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, and the sea bed and its subsoil in that area of sea;

(b) any area of sea within the limits of the renewable energy zone and the sea bed and its subsoil in that area of sea; and

(c) the sea bed and its subsoil within the limits of any areas designated under section 1(7) of the Continental Shelf Act 1964(16) (so far as not falling within the area mentioned in paragraph (b)).

(2) In paragraph (1), “sea”—

(a) includes coastal water;

(b) does not include any transitional waters.

(3) For the purpose of these Regulations, “marine waters” means waters of the sea, and the seabed and subsoil of the waters in question.

PART 2 U.K. General duties

The general duties U.K.

4.—(1) The Secretary of State, devolved policy authorities and each Northern Ireland body must exercise their functions, so far as they are relevant functions, so as to secure compliance with the requirements of the Directive, including the requirement in Article 1 to take the necessary measures to achieve or maintain good environmental status of marine waters within the marine strategy area by 31st December 2020.

(2) “Relevant function” means a function under these Regulations or, so far as material, a function under or by virtue of any other enactment, including in particular, an enactment specified in Schedule 2.

Functions of the Secretary of State in the development of the marine strategy U.K.

5.—(1) The Secretary of State must develop a marine strategy for the marine strategy area in order to—

(a) protect and preserve the marine environment, prevent its deterioration or, where practicable, restore marine ecosystems in areas where they have been adversely affected; and

(b) prevent and reduce inputs into the marine environment, with a view to phasing out pollution, so as to ensure they do not give rise to any significant impacts on or risks to marine biodiversity, marine ecosystems, human health or legitimate uses of the sea.

(2) The marine strategy must apply an ecosystem-based approach to the management of human activities within the marine strategy area.

(3) The marine strategy must consist of the elements required by regulations 10 to 14.

(4) For the purpose of this regulation, an “ecosystem-based approach” means an approach which—

(a) ensures that the collective pressure of human activities within the marine strategy area is kept within levels compatible with the achievement of good environmental status; and

(b) does not compromise the capacity of marine ecosystems to respond to human-induced changes.

Functions of the devolved policy authorities in the development of the marine strategy U.K.

6.—(1) In order to assist the Secretary of State in the development of the marine strategy under regulation 5, each devolved policy authority must provide the Secretary of State with—

(a) proposals for—

(i) the establishment of the monitoring programmes for the devolved marine area;

(ii) the determination of a programme of measures for the devolved marine area; and

(iii) the review or update of such monitoring programmes or programme of measures.

(b) information, including information for any review or update, to support—

(i) the assessment of marine waters for the devolved marine area;

(ii) the determination of the characteristics of good environmental status for any area within the devolved marine area which is distinct as regards its hydrological, oceanographic and biogeographic features; and

(iii) the development of environmental targets and indicators for any area within the devolved marine area which is distinct as regards its hydrological, oceanographic and biogeographic features; and

(c) such other information as the Secretary of State may reasonably require for the purpose of securing compliance with the Directive.

(2) The information required under paragraph (1) must be sent to the Secretary of State by such date as the Secretary of State may direct.

Co-ordination in the development of the marine strategy U.K.

7.—(1) In taking such steps as are necessary for the purpose of compliance with regulation 6(1)(a), the competent authorities must exercise their functions under these Regulations so as to secure consistency in relation to the development of a marine strategy in the marine strategy area, and carry out such co-ordination amongst themselves as is necessary for the purpose of securing such consistency.

(2) A devolved policy authority must obtain the consent of the Secretary of State for inclusion within the proposals required by regulation 6(1)(a) of any proposal which affects or is likely to affect the exercise of any retained function.

(3) Before adopting or revising any element of the marine strategy which affects or is likely to affect the exercise of any devolved function, the Secretary of State must obtain the consent of the relevant devolved policy authority.

Cooperation in implementation of the marine strategy U.K.

8.—(1) The devolved policy authorities and the Secretary of State must co-operate in exercising any relevant function in relation to the implementation of the marine strategy in the marine strategy area including, in particular—

(a) in relation to the exercise of any relevant function of the Secretary of State in respect of any activity carried out within the Scottish inshore region, the Scottish offshore region, the Northern Ireland inshore region [F8 , the Welsh inshore region or the Welsh offshore region] ; and

(b) in relation to the exercise of any relevant function of [F9 the Department of Agriculture, Environment and Rural Affairs in Northern Ireland or a] Northern Ireland body in respect of any activity carried out within the Northern Ireland offshore region F10 ....

(2) A devolved policy authority must obtain the consent of the Secretary of State before it exercises any relevant function for the purpose of implementing the Directive, where the exercise of that function relates to any activity which affects or is likely to affect the exercise of any retained function.

(3) The Secretary of State must obtain the consent of the relevant devolved policy authority before the Secretary of State exercises any relevant function for the purpose of implementing the Directive, where the exercise of that function relates to any activity which affects or is likely to affect the exercise of any devolved function.

Textual Amendments

F8 Words in reg. 8(1)(a) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(3)(a)

F9 Words in reg. 8(1)(b) substituted (1.4.2018) by The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(3)(b)(i)

F10 Words in reg. 8(1)(b) omitted (1.4.2018) by virtue of The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (S.I. 2018/287), regs. 1, 3(3)(b)(ii)

Duty to have regard to the marine strategy U.K.

9.  The Secretary of State, devolved policy authorities, each Northern Ireland body and each public authority must, in exercising any functions so far as affecting the marine strategy area, have regard to any marine strategy developed under regulation 5.

PART 3 U.K. Elements of the marine strategy

Assessment of marine waters U.K.

10.—(1) By 15th July 2012, the Secretary of State must carry out an assessment of the marine waters within the marine strategy area in accordance with Article 8, taking account of available existing data.

(2) The Secretary of State must periodically review and update the results of the assessment required by paragraph (1), by each sixth anniversary of the date on which that assessment was published.

Determination of good environmental status U.K.

11.—(1) By 15th July 2012, the Secretary of State must determine the characteristics of good environmental status for the marine waters in the marine strategy area in accordance with Article 9—

(a) in consultation with the devolved policy authorities; and

(b) in accordance with regulation 7(3).

(2) The characteristics must be determined on the basis of the qualitative descriptors in Annex 1.

(3) The Secretary of State must take account of—

(a) the list of elements in Table 1 of Annex 3; and

(b) the impact of human activity in the marine strategy area, having regard to the list of pressures and impacts in Table 2 of that Annex.

(4) The Secretary of State must periodically review and update the characteristics of good environmental status determined under paragraph (1), in consultation with the devolved policy authorities and in accordance with regulation 7(3), by each sixth anniversary of the date on which those characteristics of good environmental status are determined, to ensure that those characteristics are kept up to date.

Environmental targets and indicators U.K.

12.—(1) By 15th July 2012, the Secretary of State must establish environmental targets and indicators for the marine waters in the marine strategy area to help secure good environmental status for those marine waters, in accordance with Article 10—

(a) in consultation with the devolved policy authorities; and

(b) in accordance with regulation 7(3).

(2) In establishing targets and indicators, the Secretary of State must take account of the indicative lists of pressure and impacts in Table 2 of Annex 3 and the characteristics in Annex 4.

(3) The Secretary of State must periodically review and update the environmental targets and indicators established pursuant to paragraph (1), in consultation with the devolved policy authorities and in accordance with regulation 7(3), by each sixth anniversary of the date of the establishment of those targets and indicators, to ensure that the targets and indicators are kept up to date.

Monitoring U.K.

13.—(1) By 15th July 2014, the competent authority must establish and implement a programme for monitoring the environmental status of the marine waters in the marine strategy area, in accordance with Article 11.

(2) The competent authority must establish and implement the monitoring programme—

(a) on the basis of the indicative lists of elements in Annex 3;

(b) on the basis of the requirements in Annex 5; and

(c) by reference to the environmental targets established under regulation 12.

(3) The competent authority must periodically review the monitoring programme by each sixth anniversary of the date on which that monitoring programme was established, to ensure that the monitoring programme is kept up to date.

Programme of measures U.K.

14.—(1) By 31st December 2015, the competent authority must publish a programme of measures necessary to achieve or maintain good environmental status for the marine waters in the marine strategy area, in accordance with Article 13.

(2) The competent authority must develop the programme of measures on the basis of the assessment required by regulation 10 taking account of—

(a) the environmental targets and indicators required by regulation 12;

(b) the control measures listed in Annex 6; and

(c) the social and economic impact of any proposed measure.

(3) Any programme of measures must include spatial protection measures, to contribute to coherent and representative networks of marine protected areas, in accordance with Article 13(4).

(4) By 31st December 2013, the competent authority must publish information on marine protected areas.

(5) The competent authority must include in the programme of measures a description of how the measures will be implemented and how they will contribute to the achievement of environmental targets established under regulation 12.

(6) Before the programme of measures comes into operation, the competent authority must—

(a) satisfy itself that the measures proposed are cost-effective and technically feasible;

(b) carry out an impact assessment, including a cost-benefit analysis, of any proposed measure; and

(c) consult on any proposed measure in accordance with regulation 18.

(7) The competent authority must consider the implications of the programme of measures on marine waters beyond the marine strategy area in order—

(a) to minimise the risk of damage to those waters; and

(b) if possible, to have a positive impact of those waters.

(8) The competent authority must ensure that the programme of measures is made operational by 31^st December 2016 or one year after the publication of the programme of measures, whichever is the earlier.

(9) The competent authority must periodically review the programme of measures required by paragraph (1), by each sixth anniversary after the date of its publication, to ensure that the programme of measures is kept up to date.

(10) The Secretary of State may from time to time request a review of all or part of the programme of measures, where those measures affect or are likely to affect retained functions.

(11) A devolved policy authority may from time to time request a review of all or part of the programme of measures, where those measures affect or are likely to affect devolved functions.

(12) Where a request is made to the Secretary of State or the devolved policy authority under paragraph (10) or (11), the Secretary of State or the authority (as the case may be) must comply with it before the next sixth anniversary of the publication of the programme of measures.

(13) Nothing in paragraph (10) or (11) requires a review in response to a request unless the request is reasonable.

Exceptions U.K.

15.—(1) The competent authority may identify cases within the marine waters for which it is the competent authority where, for any of the reasons specified in paragraph 2(a) to (d), the environmental targets or good environmental status cannot be achieved in every aspect through measures taken by the Secretary of State, the devolved policy authority, the public authority or the Northern Ireland body or, for reasons referred to in paragraph 2(e), they cannot be achieved by the time required by these Regulations.

(2) The reasons referred to in paragraph (1) are—

(a) action or inaction for which the United Kingdom is not responsible;

(b) natural causes;

(c) force majeure;

(d) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest which outweigh the negative impact on the environment, including any transboundary impact; or

(e) natural conditions which do not allow timely improvement in the status of the marine waters concerned.

(3) Where the competent authority has identified a case falling within paragraph (1), the duty under these Regulations to take necessary measures to achieve good environmental status does not apply, subject to the limitations of this regulation.

(4) In respect of a case falling within paragraph (1) by virtue of sub-paragraph (b), (c) or (d) of paragraph (2), the competent authority must take such measures as it considers appropriate which aim—

(a) to make progress towards the environmental targets established under regulation 12 to prevent further deterioration of the status of the affected marine waters; and

(b) to mitigate the adverse impact of such a case at the level of the marine region or subregion or in the marine waters in relation to which other member States have or exercise jurisdictional rights.

(5) Such measures must be integrated into the programme of measures, so far as practicable.

(6) In respect of a case falling within paragraph (1) by virtue of sub-paragraph (d) of paragraph (2), the competent authority must ensure that the modifications and alterations do not permanently preclude or compromise the achievement of good environmental status at the level of the marine region or subregion or in the marine waters in relation to which other member States have or exercise jurisdictional rights.

(7) In identifying any case under paragraph (1), the competent authority must consider the consequences for other member States in the marine region or subregion concerned.

(8) The competent authority must clearly identify such cases in the programme of measures.

(9) The Secretary of State must notify the Commission of the justification for any such cases identified by any competent authority.

(10) The duty under these Regulations, including under regulations 4 and 5, to develop or (as the case may be) implement any element of the marine strategy, other than the assessment of marine waters, does not require the taking of any steps—

(a) in so far as the omission to take steps would pose no significant risk to the marine environment, or

(b) the costs would be disproportionate taking account of the risks to the marine environment,

provided that the omission to take those steps does not result in deterioration of the marine waters concerned.

(11) Where the competent authority relies on either exception under paragraph (10)—

(a) the Secretary of State must provide the Commission with the necessary justification; and

(b) the competent authority must avoid the achievement of good environmental status being permanently compromised.

(12) Nothing in these Regulations affects activities the sole purpose of which is defence or national security, but the Secretary of State must endeavour to ensure that such activities are conducted in a manner that is compatible, so far as reasonable and practicable, with the objectives of the Directive.

Relationship with Water Framework Directive U.K.

16.  Nothing in these Regulations requires any action in coastal waters in so far as the objectives of the Directive are achieved by any enactment implementing the Water Framework Directive or any other EU instrument.

PART 4 U.K. Procedural requirements

Notification U.K.

17.—(1) The Secretary of State must notify the Commission of—

(a) an assessment under regulation 10 within 3 months of the determination of the characteristics of good environmental status under regulation 11;

(b) the determination of the characteristics of good environmental status under regulation 11 within 3 months of that determination;

(c) the environmental targets and indicators established under regulation 12 within 3 months of the establishment of those targets and indicators;

(d) the monitoring programme established under regulation 13 within 3 months of its establishment;

(e) the programme of measures published under regulation 14 within 3 months of its publication;

(f) any changes made to any element of the marine strategy within 3 months of the publication of any review;

(g) a list of the competent authorities specified for the purposes of these Regulations, together with the information required by Annex 2, by 15^th January 2011; and

(h) any change to the information provided under sub-paragraph (g) within 6 months of such a change coming into effect.

(2) The Secretary of State must provide the Commission with a brief interim report describing the progress made in implementing the programme of measures within 3 years of the publication of that programme and within 3 years of any update to that programme.

(3) The Secretary of State must also send any information under paragraph 1(f) to other relevant member States and to the OSPAR Commission(17) within the same time limit.

Public participation U.K.

18.—(1) The competent authority must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any—

(a) monitoring programmes required by regulation 13; or

(b) programme of measures required by regulation 14.

(2) The Secretary of State must consult the public to ensure the public is given an early opportunity to participate in the preparation, modification or review of any—

(a) assessment required by regulation 10;

(b) determination of good environmental status required by regulation 11; or

(c) environmental targets and indicators required by regulation 12.

(3) The competent authority must—

(a) inform the public as to its proposal, including a summary of the relevant element of the marine strategy mentioned in paragraph (1) or (2), any relevant background information, and the right of the public to participate in the relevant decision-making process;

(b) specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation; and

(c) take account of the consultation responses in making any relevant decision.

(4) The competent authority must take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of the public, including any persons appearing to the relevant authorities to be likely to be interested in, or affected by, the proposed policies.

(5) If the consultation includes proposals relating to retained functions, it may be published only with the agreement of the Secretary of State.

(6) If the consultation includes proposals relating to devolved functions, it may be published only with the agreement of the relevant devolved policy authority.

(7) Where the competent authority takes a decision in relation to its proposal, following a consultation, it must—

(a) inform the public of that decision;

(b) provide information as to the reasons and considerations on which that decision is based; and

(c) provide a statement of the steps taken by the competent authority, or the Secretary of State (as the case may be) to comply with paragraphs (1) to (4), as appropriate.

(8) For the purpose of this regulation, “the public” includes the OSPAR Commission and any other interested organ of an international organisation.

PART 5 U.K. Directions and guidance

Directions to, and assistance from, public authorities U.K.

19.—(1) The Secretary of State may give directions to any public authority for the purpose of implementing the Directive.

(2) But the Secretary of State may only give directions in respect of the Scottish inshore region, Scottish offshore region, Welsh inshore region, Welsh offshore region, Northern Ireland inshore region or Northern Ireland offshore region in relation to the exercise by a public authority of a retained function.

(3) The Scottish Ministers may give directions to any public authority in respect of the Scottish inshore region and Scottish offshore region in relation to the exercise by that authority of a secondary devolved Scottish function.

(4) The Welsh Ministers may give directions to any public authority in respect of the Welsh inshore region and Welsh offshore region in relation to the exercise by that authority of a secondary devolved Welsh function.

(5) Where any proposal to give directions under paragraph (1), (3) or (4) includes directions in respect of retained and devolved functions, those directions may be given jointly by the Secretary of State and the relevant devolved policy authority.

(6) The Secretary of State may not give directions in relation to any decision on an application for an order granting development consent under the Planning Act 2008(18).

(7) Any direction given under these Regulations must be in writing and may be varied or revoked by a further direction.

(8) For the purpose of this regulation, a direction—

(a) may be of a general or specific character for the purpose of giving effect to the Directive; and

(b) without prejudice to the generality of sub-paragraph (a), may direct a public authority to exercise or not to exercise—

(i) specified powers;

(ii) its powers in specified circumstances; or

(iii) its powers in a specified manner.

(9) Directions given under this regulation must be publicised in such manner as the body giving the directions considers appropriate for the purpose of bringing the matters to which the directions relate to the attention of persons likely to be affected by them.

(10) A public authority must comply with any direction which is given to it under this regulation.

(11) A Northern Ireland public authority and a Northern Ireland body must, on the request of the Department of the Environment in Northern Ireland, provide that Department with—

(a) any information in its possession or under its control, and

(b) such assistance as may reasonably be sought by that Department,

in connection with the exercise of any functions exercisable by a Northern Ireland public authority or Northern Ireland body which may relate to the implementation of the Directive.

(12) The Department of the Environment in Northern Ireland must consult the relevant Northern Ireland body on proposals to prepare, modify or review any element of the marine strategy which may affect the functions of the relevant Northern Ireland body.

Modifications etc. (not altering text)

C1 Reg. 19 functions made exercisable jointly with the Welsh Ministers by Government of Wales Act 2006 (c. 32), Sch. 3A para. 4 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Guidance U.K.

20.—(1) The Secretary of State may give guidance to any person with respect to the practical implementation of the Directive.

(2) The Scottish Ministers may give guidance to any public authority in respect of the Scottish inshore region and Scottish offshore region in relation to the exercise by that public authority of secondary devolved Scottish functions.

(3) The Welsh Ministers may give guidance to any public authority in respect of the Welsh inshore region and Welsh offshore region in relation to the exercise by that authority of secondary devolved Welsh functions.

(4) In respect of the Northern Ireland inshore region and the Northern Ireland offshore region, the Department of the Environment in Northern Ireland may give guidance to—

(a) a Northern Ireland body in relation to the exercise by that body of reserved or transferred functions; or

(b) a Northern Ireland public authority in relation to the exercise by that authority of secondary devolved Northern Ireland functions.

(5) Where any proposal to give guidance under paragraphs (1) to (4) includes guidance in respect of both retained and devolved functions, that guidance must be given jointly by the Secretary of State and the relevant devolved policy authority.

(6) Any person to whom guidance is given under this regulation must have regard to it.

Modifications etc. (not altering text)

C2 Reg. 20 functions made exercisable jointly with the Welsh Ministers by Government of Wales Act 2006 (c. 32), Sch. 3A para. 4 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Richard Benyon

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs