Part 5

Nature conservation
Chapter 1

Marine conservation zones and management of sea fisheries

Designation of zones

Marine conservation zones
116
1
The appropriate authority may by order designate any area falling within subsection (2) as a marine conservation zone (an “MCZ”).
Section 117 sets out the grounds on which such an order may be made.
2
An area falls within this subsection if—
a
it is an area of the sea within the seaward limits of the territorial sea adjacent to the United Kingdom;
b
it is an area of the sea within the limits of the exclusive economic zone;
c
it is an area of the sea bed or subsoil within the limits of the UK sector of the continental shelf (so far as not falling within an area mentioned in paragraph (b)).
3
But an area does not fall within subsection (2) if it is in—
a
the Scottish inshore region, or
b
the Northern Ireland inshore region.
4
Section 118 makes further provision as to the areas that may be included in an MCZ.
5
For the purposes of this Chapter the appropriate authority is—
a
in relation to an area in Wales or the Welsh offshore region, the Welsh Ministers;
b
in relation to an area in the Scottish offshore region, the Scottish Ministers;
c
in any other case, the Secretary of State.
5A
The Welsh Ministers may not designate an area as an MCZ without the agreement of the Secretary of State if any part of the proposed MCZ lies in the Welsh offshore region.
6
The Scottish Ministers may not designate any area as an MCZ without the agreement of the Secretary of State.
7
An MCZ designated by the Scottish Ministers under this section is to be known as a marine protected area.
Any reference in this Act to an MCZ is, in relation to an MCZ designated by the Scottish Ministers, to be read as a reference to a marine protected area.
8
Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (2)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
S. 116 partly in force; s. 116 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 116 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a) 38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
S. 116 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(a)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
S. 116(5A) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 47(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(j)
Words in s. 116(5)(a) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 47(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(j)
Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)