Part 5Nature conservation

Chapter 1Marine conservation zones

Duties of public authorities

128Failure to comply with duties etc

1

This section applies if, in the opinion of the appropriate statutory conservation body, a public authority has failed—

a

to comply with the duty imposed by section 125(2) or the duty imposed by section 126(5);

b

to act in accordance with advice or guidance given by the appropriate statutory conservation body under section 127.

2

Where this section applies—

a

the body may request from the authority an explanation for the failure, and

b

on such a request, the authority must provide such an explanation in writing.

3

In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.