2011 No. 936
The Marine Licensing (Notices Appeals) Regulations 2011
Made
Coming into force
The Secretary of State, as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) and (8) of the Marine and Coastal Access Act 20091, makes the following Regulations in exercise of the powers conferred by sections 108 and 316(1) of that Act.
In accordance with section 316(6)(b) and (7)(f) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
Citation and commencement1
These Regulations—
a
may be cited as the Marine Licensing (Notices Appeals) Regulations 2011, and
b
come into force on 6th April 2011.
Application2
These Regulations apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is—
a
the appropriate licensing authority2 (and references in these Regulations to “the licensing authority” are to be read accordingly); or
b
an enforcement authority3 (and references in these Regulations to “the enforcement authority” are to be read accordingly).
Appeals against variation, suspension or revocation of marine licence3
1
A person to whom a notice under section 72 of the Marine and Coastal Access Act 2009 (notice varying, suspending or revoking a marine licence, or extending a period of suspension) has been issued may appeal to the First-tier Tribunal4 against the notice.
2
Where an appeal is made under paragraph (1) against a notice varying a marine licence, that notice is suspended so far as it relates to the subject matter of the appeal from the time the appeal is made pending determination of the appeal.
3
The First-tier Tribunal may suspend any other notice referred to in paragraph (1), wholly or in part, pending determination of the appeal.
4
Where a notice revoking a marine licence is suspended under paragraph (3), the licence is to be treated pending determination of the appeal (or, if sooner, for so long as the notice is suspended) as never having been revoked by that notice.
Appeals against enforcement notices, stop notices and emergency safety notices4
1
A person to whom any of the notices referred to in paragraph (2) has been issued may appeal to the First-tier Tribunal against the notice.
2
The notices are—
a
a compliance notice;
b
a remediation notice;
c
a stop notice;
d
an emergency safety notice5.
3
Where an appeal is made under paragraph (1) against a compliance notice, that notice and any requirement in it is suspended so far as it relates to the subject matter of the appeal from the time the appeal is made pending determination of the appeal.
4
The First-tier Tribunal may suspend a remediation notice, a stop notice or an emergency safety notice, wholly or in part, pending determination of the appeal.
Appeals – further provisions5
1
In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—
a
where a question to be decided on the appeal is whether an offence has been committed, the authority must prove the commission of the offence beyond reasonable doubt;
b
in respect of any other issue to be decided on the appeal, the First-tier Tribunal is to determine the standard of proof.
2
The First-tier Tribunal may—
a
withdraw the notice or any requirement contained in it;
b
confirm the notice or any requirement contained in it;
c
vary the notice or any requirement contained in it;
d
take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice; or
e
remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).
3
Where a notice revoking a marine licence is withdrawn under paragraph (2), the licence is to be treated as never having been revoked by that notice.
(This note is not part of the Regulations)