Marine and Coastal Access Act 2009 Explanatory Notes

Miscellaneous and supplemental
Section 180: Expenses of IFC authorities

479.This section establishes the funding arrangements for IFC authorities. The constituent council or councils must pay the expenses of the IFC authority for their area. It allows a majority of the local authority members to veto the total annual budget for that IFC authority (subsection (4)).

480.Subsection (2) explains that where there is more than one council for a district, each council must fund the IFC authority in accordance with the order establishing that district. The order may provide for the portion of funding falling to each council to be calculated by reference to any circumstances whatsoever (for example, according to the length of coastline of each council).

481.Subsection (3) provides that section 103 of the Local Government Act 1972 concerning expenses of joint committees does not apply in relation to an IFC authority since the matter is dealt with at subsection (2).

Section 181: IFC authority as party to proceedings

482.An IFC authority may bring proceedings under this Act in its own name as well as bringing or defending any other proceedings in its own name.

Section 182: Exemption from liability

483.This section provides that no member or employee of an IFC authority acting in good faith shall be liable for anything done in connection with the discharge of the authority’s functions. An IFC officer benefits from the corresponding exemption in section 291.

Section 183: Report by Secretary of State

484.This section requires the Secretary of State to lay a report before Parliament on the conduct and operation of IFC authorities. This report must be laid every four years starting from the date the first IFC authority was established.

Section 184: Minor and consequential amendments

485.This section introduces Schedule 14. This Schedule makes amendments to primary legislation consequent upon the repeal of the Sea Fisheries Regulation Act 1966 and the establishment of IFC authorities to replace the existing sea fisheries committees in England. In addition, IFC authorities are added to Schedule 7 to the Natural Environment and Rural Communities Act 2006. The Secretary of State may enter into an agreement with designated bodies listed in Schedule 7 for that body to perform a Defra function in the whole or part of England.

Section 185: Application to the Crown

486.This section provides that the provisions of this Chapter bind the Crown and applies in relation to Crown land subject to subsection (2). Crown land is defined in subsection (4). Subsection (3) applies this Chapter to persons in the public service of the Crown.

Section 186: Interpretation of this Chapter

487.This section defines certain terms used in this Part of the Act. For the purposes of the Act, the terms “geomorphological” (used in Parts 5 and 9) and “physiographical” (used in Parts 6 and 7) have the same meaning.

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