Part 3

Marine planning
Chapter 4

Implementation and effect

Decisions affected by an MPS or marine plan

The appropriate marine policy documents
59
1
This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58.
2
For that purpose—
a
subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and
b
subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.
3
To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.
4
A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—
a
it contains a statement under section 51(8) that it includes provision relating to retained functions,
b
it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and
c
it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region.
5
Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities—
a
any Minister of the Crown;
b
any government department;
c
if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;
d
any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;
e
any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;
f
any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.
6
For the purposes of subsection (5)(f)—
a
the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and
b
the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.
7
In this section—
- “adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));
- “Counsel General” means the Counsel General to the Welsh Assembly Government;
- “devolved marine planning region” means any marine planning region other than—
  1. the English inshore region, and
  2. the English offshore region;
- “devolved policy authority” means—
  1. the Scottish Ministers;
  2. the Welsh Ministers;
  3. the Department of the Environment in Northern Ireland;
- “First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);
- “non-departmental public authority” means any public authority other than—
  1. a Minister of the Crown or government department;
  2. the Scottish Ministers;
  3. the Welsh Ministers, the First Minister or the Counsel General;
  4. a Northern Ireland Minister or a Northern Ireland department;
- “Northern Ireland Minister”—
  1. has the same meaning as in the Northern Ireland Act 1998 (c. 47), but
  2. includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “primary devolved authority”, in relation to a devolved policy authority, means—
  1. in the case of the Welsh Ministers, the First Minister or the Counsel General;
  2. in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;
- “retained functions” is defined for the purposes of this Part in section 60;
- “secondary devolved functions” has the same meaning as in section 60.