Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Schedule 9: Licensing: Transitional Provision Relating to Part 4

Parts 2 and 3: Coast Protection Act 1949; Food and Environment Protection Act 1985

Paragraphs 11 and 12: Electronic Communications Code: England and Wales; Electronic Communications Code: Scotland

950.The Act repeals the requirement for operators to seek approval under the Electronic Communications Code for tidal works (see Part 2 of the Repeals Schedule). These paragraphs provide that approvals granted under paragraph 11 of the Electronic Communications Code before that repeal are to be considered as marine licences, in England and Wales, and FEPA licences, in Scotland. Additionally, applications for approval currently under consideration by the licensing authority at the time of the repeal are to be considered by the licensing authority as applications for a marine licence, in England and Wales, and FEPA licences, in Scotland.