Marine and Coastal Access Act 2009

316 Regulations and orders U.K.

(1) Any power conferred by this Act on the Secretary of State, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department to make regulations or an order includes—

(a) power to make different provision for different cases, and

(b) power to make incidental, consequential, supplemental or transitional provision or savings.

(2) The power conferred by subsection (1)(b) includes power, for the purpose of making any such provision or savings, to amend any primary or secondary legislation passed or made before, or in the same Session as, this Act.

(3) Any power conferred by this Act on the Secretary of State, the Scottish Ministers or the Welsh Ministers to make regulations or an order is exercisable by statutory instrument.

(4) Subsections (2) and (3) do not apply to—

(a) an order made under any of sections 116 to [F1 137G] (orders made for the purpose of designating, or furthering the objectives of, MCZs [F2 etc]);

(b) an order made under section 159 (orders amending or revoking byelaws made by IFC authorities).

(5) Any regulations or order made under this Act by a Northern Ireland department are to be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1513 (N.I. 12)).

(6) A statutory instrument or statutory rule which contains (whether alone or with other provisions)—

[F3 (za) any order under section 137E that contains provision for the charging of fees for permits (including provision changing the levels of fees),]

(a) any regulation or order which by virtue of subsection (2) or section 188(2)(d) makes provision amending primary legislation, or

(b) any regulation or order under any of the provisions specified in subsection (7),

is subject to draft affirmative procedure.

(7) The provisions are—

(a) section 43(5)(a);

(b) section 66(3);

(c) section 73;

(d) section 93 or 95;

(e) section 98(1) by virtue of section 98(2);

(f) section 108;

(g) section 141(5);

(h) section 142;

(i) section 232;

(j) paragraph 6 of Schedule 1.

(8) A statutory instrument or statutory rule made under this Act which is not subject to—

(a) draft affirmative procedure, or

(b) Commons draft affirmative procedure,

is subject to negative resolution procedure.

(9) Subsection (8) does not apply to a statutory instrument containing only orders under section 324 (commencement orders).

(10) In this Act—

• “draft affirmative procedure” means—

  (a)

  in relation to any Order in Council, or any statutory instrument made by the Secretary of State, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;

  (b)

  in relation to any statutory instrument made by the Scottish Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament;

  (c)

  in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;

  (d)

  in relation to any statutory rule made by a Northern Ireland department, a requirement that a draft of the rule be laid before, and approved by a resolution of, the Northern Ireland Assembly;

• “negative resolution procedure” means—

  (a)

  in relation to any Order in Council, or any statutory instrument made by the Secretary of State, annulment in pursuance of a resolution of either House of Parliament;

  (b)

  in relation to any statutory instrument made by the Scottish Ministers, annulment in pursuance of a resolution of the Scottish Parliament;

  (c)

  in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales;

  (d)

  in relation to any statutory rule made by a Northern Ireland department, negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).

(11) In this section—

• “Commons draft affirmative procedure” means, in relation to any statutory instrument, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons;

• “primary legislation” means—

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  a Measure of the National Assembly for Wales;

  (d)

  Northern Ireland legislation;

• “secondary legislation” means subordinate legislation or any other instrument made under primary legislation.

Textual Amendments

F1 Word in s. 316(4)(a) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 31(2)(a) (with Sch. 4 para. 31)

F2 Word in s. 316(4)(a) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 31(2)(b) (with Sch. 4 para. 31)

F3 S. 316(6)(za) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 31(3) (with Sch. 4 para. 31)