Legalize / United Kingdom / Public General Act

Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Interpretation of this Chapter

262

(1) In this Chapter—

“common enforcement power” means any power conferred by sections 246 to 261;

“enforcement officer” has the meaning given by section 245;

“item” has the meaning given by section 250(10);

“justice” has the meaning given by section 249(5);

“marine installation” means any artificial island, installation or structure (other than a vessel);

“premises” has the meaning given by section 247(4);

“relevant activity”, “relevant function” and “relevant offence” have the meaning given by section 245;

“the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.

(2) In this Chapter any reference to a vessel includes a reference to—

(a) any ship or boat or any other description of vessel used in navigation,

(b) any hovercraft, submersible craft or other floating craft, and

but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed.

Chapter 3 — Licensing enforcement powers

Power to require information relating to certain substances and objects

263

(1) A person who has the power conferred by this section may require any person—

(a) to give details of any substances or objects on board a vehicle, vessel, aircraft or marine structure;

(b) to give information concerning any substances or objects lost from a vehicle, vessel, aircraft or marine structure.

(2) A statement made by a person in response to a requirement made under this section may not be used against the person in criminal proceedings in which the person is charged with an offence to which this subsection applies.

(3) Subsection (2) applies to any offence other than an offence under one of the following provisions (which concern false statements made otherwise than on oath)—

(a) section 5 of the Perjury Act 1911 (c. 6);

(b) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39);

(4) In this section “marine structure” and “vessel” have the meaning given by section 115.

Chapter 4 — Fisheries enforcement powers

Inspection and seizure of objects at sea

Power to inspect and seize objects at sea

264

(1) For the purposes of carrying out any relevant functions, an enforcement officer who has the power conferred by this section may inspect any object in the sea which the officer believes has been or is being used for or in connection with fishing.

The officer may lift an object out of the sea for the purposes of inspecting it under this section.

(2) An enforcement officer who has inspected an object under this section may seize the object.

(3) The power conferred by subsection (2) may only be exercised—

(a) for the purposes of determining whether a relevant offence has been committed, or

(b) in relation to an object which an enforcement officer reasonably believes to be evidence of the commission of a relevant offence.

(4) If, having inspected an object under this section, the officer decides not to seize it under subsection (2), the officer must, if it is reasonably practicable to do so, replace the object in the location where it was found.

(5) If it is not reasonably practicable to replace the object in accordance with subsection (4), the officer may seize the object until such time as it may be collected by its owner.

(6) Any power conferred by this section to seize an object includes power to seize—

(a) anything that is attached to the object;

(b) anything that is contained within the object.

(7) Any reference in this section to replacing an object includes, in the case of fishing gear, a reference to re-setting the gear in the same way in which it was placed in the sea.

(8) The powers conferred on an enforcement officer by this section are without prejudice to any powers exercisable by the officer apart from this section.

Reports of inspections under section 264

265

(1) This section applies where an enforcement officer inspects any object under section 264.

(2) The officer must prepare a report in relation to the inspection.

(3) The report must state—

(a) the date and time of the inspection;

(b) the identity of the officer who carried out the inspection;

(4) In the case of an object seized under section 264(2) or (5), the report must also state—

(a) what has been seized;

(b) the reasons for its seizure;

(5) Where the object has not been seized under section 264(2) or (5), the officer must, if it is reasonably practicable to do so, attach a copy of the report to the object.

If it is not reasonably practicable to attach a copy of the report to the object, the officer must serve a copy of the report on every person who appears to the officer to be the owner, or one of the owners, of the object.

(6) In a case where the officer, after taking reasonable steps to do so, is unable to identify any person as owning the object, the officer must take such steps as the officer thinks fit to bring the contents of the report to the attention of persons likely to be interested in it.

(7) Where—

(a) the object has been seized under section 264(2), and

(b) either of the conditions in subsection (8) is satisfied,

the relevant authority must, if it has not already done so, serve a copy of the report on every person who appears to the authority to be the owner, or one of the owners, of the object.

(8) The conditions are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the object was seized;

(b) that any proceedings taken in respect of such an offence have concluded.

(9) Where the object has been seized under section 264(5), the relevant authority must serve a copy of the report on every person who appears to the authority to be the owner, or one of the owners, of the object at the same time as it serves a notice of collection on that person under section 267.

(10) In a case where the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the object—

(a) any reference in this section to a requirement for the authority to serve a copy of a report on such a person is to be read as a reference to a requirement to take such steps as the authority thinks fit to bring the contents of the report to the attention of persons likely to be interested in it, and

(b) the reference in subsection (9) to serving a notice of collection under section 267 is to be read as a reference to taking the steps referred to in subsection (5) of that section.

Retention of objects seized under section 264(2)

266

(1) Any object seized by an enforcement officer under section 264(2) may be retained by the relevant authority.

(2) If either of the grounds of release in subsection (3) applies, the relevant authority must, as soon as is reasonably practicable, make the object available for collection.

(3) The grounds of release referred to in subsection (2) are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the object was seized;

(b) that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

(4) But subsection (2) does not apply if the object is liable to forfeiture under section 275 or 276.

(5) Any reference in this section to an object seized under subsection (2) of section 264 includes a reference to anything seized by virtue of subsection (6) of that section.

Disposal of objects seized under section 264

267

(1) This section applies to—

(a) any object seized under section 264(2) which the relevant authority—

(i) no longer wishes to retain for any purpose, or

(ii) is required to make available for collection by virtue of section 266;

(b) any object seized under section 264(5).

(2) In this section a “notice of collection” is a notice stating that—

(a) the object specified in the notice is available to be collected from the location so specified, and

(b) if the object is not collected before the end of the period of three months beginning with the date specified in the notice, the relevant authority will dispose of the object.

(3) The relevant authority must serve a notice of collection on every person who appears to the authority to be the owner, or one of the owners, of the object.

(4) The relevant authority may take any other steps it thinks fit to notify every such person that the object is available to be collected.

(5) If the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the object in order to serve a notice of collection, the relevant authority must take such steps as it thinks fit to bring the information contained in the notice of collection to the attention of persons likely to be interested in it.

(6) If the relevant authority complies with subsection (3) or subsection (5), as the case may be, the relevant authority may, at the end of the period mentioned in subsection (2)(b), dispose of the object in whatever way it thinks fit.

(7) Any reference in this section to an object seized under subsection (2) or (5) of section 264 includes a reference to anything seized by virtue of subsection (6) of that section.

Seizure for purposes of forfeiture

Power to seize fish for purposes of forfeiture

268

(1) An enforcement officer who has the power conferred by this section may seize and detain or remove any fish in respect of which the officer reasonably believes a relevant offence has been committed.

(2) The power conferred by this section may only be exercised for the purposes of securing that, in the event of a conviction for a relevant offence, the court may exercise any relevant power of forfeiture in relation to fish in respect of which the offence was committed.

(3) Where—

(a) any fish which an enforcement officer wishes to seize and remove are in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the fish if they remained in the container for that purpose,

any power to seize and remove the fish includes power to seize and remove the container.

(4) Where—

(a) any fish which an enforcement officer wishes to seize and remove are not in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the fish if they were placed in a container suitable for that purpose,

the officer may require the fish to be placed into such a container.

(5) If, in the opinion of an enforcement officer, it is not for the time being practicable for the officer to seize and remove any fish, the officer may require—

(a) the person from whom the fish are being seized, or

(b) where the officer is exercising a power of inspection conferred by section 246, 247 or 248, any person in or on the relevant premises,

to secure that the fish are not removed or otherwise interfered with until such time as the officer may seize and remove them.

(6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

(7) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.

(8) In this section—

“relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;

“relevant power of forfeiture” means any power of a court to order the forfeiture of any fish in respect of which an offence has been committed;

“the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.

Power to seize fishing gear for purposes of forfeiture

269

(1) An enforcement officer who has the power conferred by this section may seize and detain or remove any fishing gear which the officer reasonably believes has been used in the commission of a relevant offence.

(2) The power conferred by this section may only be exercised for the purposes of securing that, in the event of a conviction for a relevant offence, the court may exercise any relevant power of forfeiture in relation to fishing gear used in the commission of the offence.

(3) If, in the opinion of an enforcement officer, it is not for the time being practicable for the officer to seize and remove any fishing gear, the officer may require—

(a) the person from whom the fishing gear is being seized, or

(b) where the officer is exercising a power of inspection conferred by section 246, 247 or 248, any person in or on the relevant premises,

to secure that the fishing gear is not removed or otherwise interfered with until such time as the officer may seize and remove it.

(4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

(5) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.

(6) In this section—

“relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;

“relevant power of forfeiture” means any power of a court to order the forfeiture of any fishing gear used in the commission of an offence;

“the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.

Procedure in relation to seizure under section 268 or 269

270

(1) An enforcement officer who seizes any property under section 268 or 269 must, if it is reasonably practicable to do so, serve a notice on each of the following persons—

(a) every person who appears to the officer to have been the owner, or one of the owners, of the property at the time of its seizure;

(b) in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at that time;

(c) in the case of property seized from premises, every person who appears to the officer to have been an occupier of the premises at that time;

(d) in any other case, the person (if any) from whom the property was seized.

(2) The notice must state—

(a) what has been seized;

(b) the reason for its seizure;

(d) any further action that it is proposed will be taken;

(e) that, unless the property is liable to forfeiture under section 275 or 276, it is to be detained until such time as it is released or its forfeiture is ordered by the court.

(3) Subsections (4) and (5) apply in a case where the property was seized following an inspection carried out in exercise of the power conferred by section 264.

(4) The officer must serve a copy of the report referred to in section 265 on every person falling within paragraph (a) of subsection (1) above at the same time as the officer serves a notice on that person under this section.

(5) In a case where the officer, after taking reasonable steps to do so, is unable to identify any person as owning the property—

(a) any reference in this section to a requirement to serve a notice on that person is to be read as a reference to a requirement to take such steps as the officer thinks fit to bring the contents of the notice to the attention of persons likely to be interested in it, and

(b) the reference in subsection (4) to serving a copy of the report referred to in section 265 is to be read as a reference to taking the steps referred to in subsection (10)(a) of that section.

Retention of property seized under section 268 or 269

271

(1) Any property seized by an enforcement officer under section 268 or 269 may be retained by the relevant authority.

(2) If either of the grounds for release in subsection (3) applies, the relevant authority must, as soon as is reasonably practicable, make the property available for collection.

(3) The grounds for release referred to in subsection (2) are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the property was seized;

(b) that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

(4) But subsection (2) does not apply if the property is liable to forfeiture under section 275 or 276.

Bonds for release of seized fish or gear

272

(1) This section applies to any property which is being retained by the relevant authority under section 271.

(2) The relevant authority may enter into an agreement with any person falling within subsection (3) for security for the property to be given to the relevant authority by way of bond in return for the release of the property.

(3) The persons referred to in subsection (2) are—

(a) the owner, or any of the owners, of the property;

(b) in the case of property seized from a vessel, the owner or charterer, or any of the owners or charterers, of the vessel.

(4) Any bond given under this section is to be—

(a) for such amount as may be agreed, or

(b) in the event of a failure to agree an amount, for such amount as may be determined by the court.

“The court” means a magistrates' court in England and Wales.

(5) A person who gives a bond under this section must comply with such conditions as to the giving of the bond as the relevant authority may determine.

(6) If either of the grounds for release mentioned in subsection (7) applies, then any bond given under this section must be returned as soon as possible.

(7) The grounds for release referred to in subsection (6) are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the property was seized;

(b) that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

(8) Any power which a court has to order the forfeiture of any fish or any fishing gear may instead be exercised in relation to any bond given under this section as security for that fish or fishing gear.

Power of relevant authority to sell seized fish in its possession

273

(1) Any fish which are being retained by the relevant authority under section 271 may be sold by the authority.

(2) Any power which a court has to order the forfeiture of any fish may instead be exercised in relation to the proceeds of any sale of the fish under this section.

(3) Subject to subsection (6), the proceeds of any sale under this section may be retained by the relevant authority until such time as—

(a) a court exercises any power it has to order the forfeiture of the proceeds, or

(b) either of the grounds for release mentioned in subsection (4) applies.

(4) The grounds for release referred to in subsection (3) are—

(a) that the relevant authority has decided not to take proceedings in respect of any offence in relation to which the fish were seized;

(b) that any proceedings taken in respect of such an offence have concluded without any order for forfeiture having been made.

(5) If either of the grounds for release mentioned in subsection (4) applies, the relevant authority must, as soon as is reasonably practicable, release the proceeds of sale to any person who appears to the authority to have been the owner, or one of the owners, of the fish at the time of the seizure of the fish.

(6) If the proceeds of sale are still in the relevant authority's possession after the end of the period of six months beginning with the date on which the fish were sold, the relevant authority may retain the proceeds and apply them in any manner it thinks fit.

The relevant authority may exercise its power under this subsection to retain and apply the proceeds of sale only if it is not practicable at the time when the power is exercised to dispose of the proceeds by releasing them immediately to the person to whom they are required to be released.

(7) Subject to subsection (9), any fish sold under this section must be sold at auction.

(8) Before selling the fish, the relevant authority must give the owner of the fish a reasonable opportunity to make representations as to the manner in which the fish are sold.

(9) If—

(a) the owner of the fish requests that the fish be sold—

(i) at a particular auction, or

(ii) by a method of sale other than auction,

and

(b) the relevant authority does not consider that it would be unreasonable to comply with that request,

the relevant authority must comply with the request when selling the fish.

(10) The relevant authority may deduct any reasonable expenses it has incurred in selling any fish under this section from the proceeds of the sale.

(11) In a case where there is more than one owner of the fish, subsection (9) applies only if the request is made by or on behalf of all of them.

Disposal of property seized under section 268 or 269

274

(1) This section applies to any property seized under section 268 or 269 which the relevant authority—

(a) no longer wishes to retain for any purpose, or

(b) is required to make available for collection by virtue of section 271.

(2) In this section a “notice of collection” is a notice stating that—

(a) the property specified in the notice is available to be collected from the location so specified, and

(b) if the property is not collected before the end of the period of three months beginning with the date specified in the notice, the relevant authority will dispose of the property.

(3) The relevant authority must serve a notice of collection on every person who appears to the authority to be the owner, or one of the owners, of the property.

(4) The relevant authority may take any other steps it considers appropriate to notify every such person that the property is available to be collected.

(5) If the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the property, the relevant authority must—

(a) if it is reasonably practicable to do so, serve a notice of collection on every person who is an appropriate person for the purposes of this subsection, and

(b) take such steps as it thinks fit to bring the information contained in the notice of collection to the attention of persons likely to be interested in it.

(6) For the purposes of subsection (5), the following persons are “appropriate persons”—

(a) in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at the time of the seizure of the property;

(b) in the case of property seized from premises, every person who appears to the relevant authority to have been an occupier of the premises at that time;

(7) If the relevant authority complies with subsection (3) or subsection (5), as the case may be, the relevant authority may, at the end of the period mentioned in subsection (2)(b), dispose of the property in whatever way it thinks fit.

Forfeiture

Forfeiture etc of prohibited items

275

(1) Any item to which this section applies is liable to forfeiture under this section if the use of that item for sea fishing would in any circumstances constitute an offence under the law of England and Wales.

(2) This section applies to any item seized on board a vessel or from the sea by an enforcement officer in the exercise of any power conferred by this Act.

(3) Any item forfeited under this section is to be forfeited to the relevant authority and may be disposed of by that authority in any manner it thinks fit.

Forfeiture etc of fish failing to meet size requirements

276

(1) Any fish to which this section applies are liable to forfeiture under this section if, by virtue of the fish failing to meet requirements as to size, an offence under the law of England and Wales has been committed in respect of the fish.

(2) This section applies to fish seized by an enforcement officer in the exercise of any power conferred by this Act.

(3) Any fish forfeited under this section are to be forfeited to the relevant authority and may be disposed of by that authority in any manner it thinks fit.

Further provision about forfeiture under section 275 or 276

277

Schedule 18 (which makes provision in relation to the forfeiture of property liable to forfeiture under section 275 or 276) has effect.

Forfeiture by court following conviction

278

(1) This section applies where a court by or before which a person is convicted of an offence under the fisheries legislation orders the forfeiture of any fish or any fishing gear in respect of that offence.

(2) The court must order that the property to be forfeited is to be taken into the possession of the person or body by whom proceedings for the offence were brought.

(3) The property may be disposed of as that person or body thinks fit.

(4) Any proceeds arising from the disposal of the property may be retained by the person or body.

(5) The court may order any person convicted of the offence to pay any costs reasonably incurred by any person or body in storing the property that is to be forfeited.

(6) In this section—

“assimilated restriction” means a restriction that—was created or arose by or under the EU Treaties before IP completion day, andforms part of assimilated law,as modified from time to time;

“the fisheries legislation” means—any enactments relating to sea fishing (including any enactment relating to fishing for shellfish, salmon or migratory trout);any assimilated restriction or assimilated obligation relating to sea fishing;

Detention of vessels in connection with court proceedings

Power to detain vessels in connection with court proceedings

279

(1) This section applies where—

(a) an enforcement officer has reasonable grounds for suspecting that a relevant offence has been committed by the master, owner or charterer of a vessel, and

(b) the officer reasonably believes that—

(i) if proceedings are taken against the person for the offence, there is a real risk that the person will not attend court unless the vessel is detained under this section, or

(ii) if the person is convicted of the offence and the court by or before which the person is convicted imposes a fine on that person, it is likely that the court will order the vessel to be detained.

(2) Where this section applies, an enforcement officer who has the power conferred by this section may—

(a) take, or arrange for another person to take, the vessel and its crew to the port which appears to the officer to be the nearest convenient port, or

(b) require any person who is for the time being in charge of the vessel to take it and its crew to that port.

(3) When a vessel has been taken to a port in pursuance of this section, the officer may—

(a) detain it there, or

(b) require the person for the time being in charge of it to do so.

(4) An enforcement officer who detains any vessel under this section must, if it is reasonably practicable to do so, serve a notice on—

(a) the owner of the vessel,

(b) the charterer (if any) of the vessel, and

(5) The notice must state—

(a) the reasons for detaining the vessel;

(b) the circumstances in which the vessel may be released.

Release of vessels detained under section 279

280

(1) This section applies where a vessel is being detained under section 279.

(2) The vessel ceases to be detained under that section if one of the following things occurs—

(a) the notice of detention is withdrawn;

(b) the court orders the release of the vessel under section 281;

(d) the court referred to in section 279(1)(b)(ii) exercises any power it has to order the vessel to be detained.

(3) A notice of detention may be withdrawn by service of a further notice signed by an appropriate enforcement officer.

(4) In subsection (3) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who served the notice of detention, and includes a reference to that officer.

(5) If any of the grounds for release mentioned in subsection (6) applies, then any notice of detention must be withdrawn as soon as possible.

(6) The grounds for release referred to in subsection (5) are—

(a) that the relevant authority has decided not to take proceedings against the master, owner or charterer of the vessel;

(b) that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court;

(c) that there are no grounds for believing that the court referred to in section 279(1)(b)(ii) will order the vessel to be detained.

(7) In this section “notice of detention” means a notice served under section 279(4).

Power of court to order release of vessels

281

(1) This section applies where a vessel is being detained under section 279.

(2) If, on an application made to a magistrates' court in England and Wales by the owner or charterer, or any of the owners or charterers, of the vessel, the court is satisfied that—

(a) the continued detention of the vessel under section 279 is not necessary to secure that the master, owner or charterer of the vessel will attend court, or

(b) there are no grounds for believing that the court referred to in section 279(1)(b)(ii) will order the vessel to be detained,

the court may order that the vessel be released.

Bonds for release of vessels

282

(1) Where a vessel is being detained under section 279, the relevant authority may enter into an agreement with the owner or charterer, or any of the owners or charterers, of the vessel for security for the vessel to be given to the relevant authority by way of bond in return for the withdrawal of the notice of detention.

(2) Any bond given under this section is to be—

(a) for such amount as may be agreed, or

(b) in the event of a failure to agree an amount, for such amount as may be determined by the court.

“The court” means a magistrates' court in England and Wales.

(3) A person who gives a bond under this section must comply with such conditions as to the giving of the bond as the relevant authority may determine.

(4) If any of the grounds for release mentioned in subsection (5) applies, then any bond given under this section must be returned as soon as possible.

(5) The grounds for release referred to in subsection (4) are—

(a) that the relevant authority has decided not to take proceedings against the master, owner or charterer of the vessel;

(b) that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court;

(c) that there are no grounds for believing that the court referred to in section 279(1)(b)(ii) would, in the absence of the bond, have ordered the vessel to be detained;

(d) that any proceedings taken against the master, owner or charterer of the vessel have concluded without any fine having been imposed.

(6) Where a court imposes a fine on the master, owner or charterer of the vessel, the court may order any sum of money given as a bond under this section to be used towards the payment of the fine.

If the fine is less than the amount of the bond, any sum not required to be used in payment of the fine must be returned to the person who gave the bond as soon as possible.

(7) In this section “notice of detention” means a notice served under section 279(4).

Power of court to order repayment of bonds

283

(1) This section applies where a notice of detention served under section 279(4) in respect of a vessel has been withdrawn in return for a bond given as security for the vessel under section 282.

(2) If, on an application to a magistrates' court in England and Wales by the person who gave the bond, the court is satisfied that—

(a) the continued detention of the bond under section 282 is not necessary to secure that the master, owner or charterer of the vessel will attend court, or

(b) there are no grounds for believing that the court referred to in section 279(1)(b)(ii) would, in the absence of the bond, have ordered the vessel to be detained,

the court may order that the bond be returned to the person who gave it.

Production of equipment

Power to require production of certain equipment

284

(1) An enforcement officer who has the power conferred by this section may require any person on board a vessel to produce any equipment falling within subsection (2).

(2) The equipment referred to in subsection (1) is—

(a) any automatic recording equipment or transmitting equipment used in accordance with a condition included in a licence by virtue of paragraph 1 of Schedule 3 to the Fisheries Act 2020 or section 4A(6) of the Sea Fish (Conservation) Act 1967 (c. 84);

(b) any equipment which is required to be carried on board a vessel by virtue of a byelaw made by an inshore fisheries and conservation authority under section 155;

(c) any equipment which is required to be carried on board a vessel by virtue of an order made by the Welsh Ministers under section 189.

Supplementary

Service of notices, etc

285

(1) Any notice or other thing that is required to be served on or given to a person under any provision of this Chapter may be served on or given to the person only by one of the following methods—

(a) personal delivery;

(b) addressing it to the person and leaving it at the appropriate address;

(2) “The appropriate address”, in relation to the owner of a vessel that is registered in any country or territory, means the address given by that register as the address of the owner of the vessel.

(3) In relation to any other person “the appropriate address” means—

(a) in the case of a body corporate, its registered or principal office in the United Kingdom;

(b) in the case of a firm, the principal office of the partnership;

(d) in any other case, the person's usual or last known place of residence in the United Kingdom or last known place of business in the United Kingdom.

(4) In the case of—

(a) a company registered outside the United Kingdom,

(b) a firm carrying on business outside the United Kingdom, or

the references in subsection (3) to its principal office include references to its principal office within the United Kingdom (if any).

Conclusion of proceedings

286

(1) This section applies for determining when any proceedings have concluded for the purposes of this Chapter.

(2) Where proceedings are terminated by an appealable decision, they are not to be regarded as concluded—

(a) until the end of the ordinary time for appeal against the decision, if no appeal in respect of the decision is brought within that time, or

(b) if an appeal in respect of the decision is brought within that time, until the conclusion of the appeal.

(3) Subsection (2) applies for determining, for the purposes of paragraph (b) of that subsection, when proceedings on an appeal are concluded as it applies for determining when the original proceedings are concluded.

(4) Any reference in subsection (2) to a decision which terminates proceedings includes a reference to a verdict, sentence, finding or order that puts an end to the proceedings.

(5) An appealable decision is a decision of a description against which an appeal will lie, whether by way of case stated or otherwise and whether with or without permission.

(6) Any reference in this section to an appeal includes a reference to an application for permission to appeal.

Interpretation of this Chapter

287

In this Chapter—

“fish” includes shellfish;

“relevant authority” means—in relation to the seizure of any object or property by an enforcement officer, the person or body on whose behalf the officer who seized it was acting;in relation to the detention of a vessel by an enforcement officer, the person or body on whose behalf the officer who detained the vessel was acting;

“relevant function”, in relation to an enforcement officer, means any function of that officer;

“relevant offence”, in relation to an enforcement officer, means any offence in respect of which the officer has functions;

“shellfish” includes crustaceans and molluscs of any kind;

“vessel” includes any ship or boat or any description of vessel used in navigation.

Chapter 5 — Common enforcement provisions

Introductory

Meaning of “enforcement officer”

288

In this Chapter “enforcement officer” means a person who has any powers conferred by this Part, other than a person who has such powers only by virtue of section 260(2) (persons assisting enforcement officers).

Duties of enforcement officers

Duty to provide evidence of authority

289

(1) Before exercising any power conferred by this Part, an enforcement officer must, if requested to do so, produce evidence that the officer is authorised to exercise that power.

(2) An enforcement officer may exercise a power conferred by this Part only if the officer complies with the duty imposed by subsection (1).

(3) If, at the time the request is made, the officer does not consider it practicable to produce the evidence referred to in subsection (1), that subsection does not apply until such time as the officer considers it practicable to comply with the request.

(4) Nothing in this section applies to a person falling within paragraph (c) or (d) of section 235(1).

Duty to state name and purpose, etc

290

(1) Before exercising any power conferred by this Part, an enforcement officer must, if requested to do so, give the information in subsection (3).

(2) Before exercising any power conferred by this Part, any person assisting an enforcement officer by virtue of section 260 must, if requested to do so, give the information in paragraphs (b) and (c) of subsection (3).

(3) The information is—

(a) the person's name;

(b) the power the person is proposing to exercise;

(4) A person may exercise a power conferred by this Part only if the person complies with the duty imposed by subsection (1) or the duty imposed by subsection (2) (as the case may be).

(5) If, at the time the request is made, the person does not consider it practicable to give the information referred to in subsection (1) or the information referred to in subsection (2) (as the case may be), that subsection does not apply until such time as the person considers it practicable to comply with the request.

Liability of enforcement officers

Liability of enforcement officers etc

291

(1) A person within subsection (2) is not to be liable in any civil or criminal proceedings for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the person's functions under this Act.

(2) The persons are—

(a) any enforcement officer;

(b) any person assisting an enforcement officer by virtue of section 260.

(3) Subsection (1) does not apply—

(a) if the act or omission is shown to have been in bad faith,

(b) if there were no reasonable grounds for the act or omission, or

(c) so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (acts of public authorities incompatible with Convention rights).

Offences in relation to enforcement officers

292

(1) A person is guilty of an offence if—

(a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by an enforcement officer in the exercise of any power conferred by this Part, or

(b) the person prevents any other person from complying with any such requirement or direction.

(2) A person is not guilty of an offence by reason of a failure to comply with a requirement made under subsection (1) of section 257 if the person complies with subsection (2) of that section.

(3) A person who provides information in pursuance of a requirement reasonably made by an enforcement officer in the exercise of the power conferred by section 263 is guilty of an offence if—

(a) the information is false in a material particular, and the person knows that it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(4) A person who intentionally obstructs an enforcement officer in the performance of any of the officer's functions under this Act is guilty of an offence.

(5) A person who assaults an enforcement officer in the performance of any of the officer's functions under this Act is guilty of an offence.

(6) A person who, with intent to deceive, falsely pretends to be an enforcement officer is guilty of an offence.

(7) A person who is guilty of an offence under subsection (1), (3) or (6) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(8) A person who is guilty of an offence under subsection (4)or (5) is liable on summary conviction to a fine not exceeding £20,000a fine.

(9) A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.

(10) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

(11) In this section any reference to an enforcement officer includes a reference to a person assisting an enforcement officer by virtue of section 260.

Chapter 6 — Miscellaneous and supplementary

Enforcement of Community rules

293

(1) Section 30 of the Fisheries Act 1981 (c. 29) (enforcement of Community rules) is amended as follows.

(2) In subsection (1)—

(a) after “enforceable Community restrictions” insert “ , and enforceable EU obligations, ”;

(b) for paragraph (a) substitute—

(a) if any fishing boat within British fishery limits— (i) fishes in contravention of any such restriction, or (ii) fails to comply with any such obligation, the master, the owner and the charterer (if any) are each guilty of an offence;

;

(aa) if any English or Welsh fishing boat outside British fishery limits— (i) fishes in contravention of any such restriction, or (ii) fails to comply with any such obligation, the master, the owner and the charterer (if any) are each guilty of an offence; (ab) if any person in England or Wales— (i) fishes in contravention of any such restriction, or (ii) fails to comply with any such obligation, that person is guilty of an offence;

;

(d) in paragraph (b), for “such offences” substitute “ offences under paragraph (a), (aa) or (ab) of this subsection ”;

(e) in paragraph (c), after “restrictions” insert “ and obligations ”.

(3) After subsection (2) insert—

(2ZA) The provision that may be made by an order made under subsection (2) by the Secretary of State includes— (a) provision applying to English or Welsh fishing boats outside British fishery limits; (b) provision applying to persons of a specified description on board any fishing boat, other than a Scottish or Northern Ireland fishing boat, outside British fishery limits. In this subsection “specified” means specified in the order.

(4) After subsection (2A) insert—

(2B) Her Majesty may by Order in Council provide for subsection (1) or (2) above to apply, with or without modifications, to any fishing boat within subsection (2C) below that is outside British fishery limits as it applies to any English or Welsh fishing boat outside those limits. (2C) A fishing boat is within this subsection if— (a) it is registered under the law of the Isle of Man or any of the Channel Islands; or (b) it is wholly owned by persons qualified for the purposes of the law relating to the registration of vessels in the Isle of Man or any of the Channel Islands to own fishing vessels which are entitled to be registered as such under that law.

(5) In subsection (3), insert at the appropriate places the following definitions—

“English fishing boat” means—

a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging; or

a fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than—

a Welsh, Scottish or Northern Ireland fishing boat,

a fishing boat within subsection (2C) above, or

a fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;”;

“ “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;”;

“ “Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;”;

“ “Welsh fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

Administrative penalty schemes

294

(1) The appropriate national authority for any area may by order make provision to confer on any enforcement authority for that area the power to issue penalty notices for offences within subsection (2).

(2) The offences referred to in subsection (1) are offences relating to sea fishing, other than—

(a) an offence under section 30 of the Fisheries Act 1981 (c. 29) or any order made under that section;

(b) an offence under regulations made under section 2(2) of the European Communities Act 1972 (c. 68).

(3) A penalty notice is a notice offering the opportunity, by payment of a specified sum of money, to discharge any liability to be convicted of the offence to which the notice relates.

(4) The provision that may be made by an order under subsection (1) includes—

(a) provision prescribing the offences in relation to which penalty notices may be issued;

(b) provision as to circumstances in which penalty notices may be issued;

(d) provision as to how the amount of any penalty that may be specified in a penalty notice is to be determined;

(e) provision for the issuing of guidance by the appropriate national authority as to matters to be taken into account when making such a determination;

(f) provision prescribing the minimum or maximum amount of any penalty;

(g) provision about the payment of penalties, including provision as to the period within which any penalty must be paid;

(h) provision for and in connection with the withdrawal of penalty notices;

(i) provision as to circumstances in which proceedings for an offence may be commenced after the payment of a penalty in relation to that offence.

(5) An order under subsection (1) may apply in relation to—

(a) England;

(b) Wales;

(i) the Scottish zone,

(ii) the Northern Ireland zone, and

(iii) the territorial sea adjacent to the Isle of Man, Jersey and Guernsey;

(d) any English or Welsh fishing boats, wherever they may be.

(6) Her Majesty may by Order in Council provide for this section to apply, with or without modifications, to any fishing boat within subsection (7) that is outside British fishery limits as it applies to any English or Welsh fishing boat outside those limits.

(7) A fishing boat is within this subsection if—

(a) it is registered under the law of the Isle of Man or any of the Channel Islands, or

(b) it is wholly owned by persons qualified for the purposes of the law relating to the registration of vessels in the Isle of Man or any of the Channel Islands to own fishing vessels which are entitled to be registered as such under that law.

(8) In this section—

“appropriate national authority” means—in relation to Wales or vessels within the Welsh zone, the Welsh Ministers;in relation to England or vessels outside the Welsh zone, the Secretary of State;

“enforcement authority” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence within subsection (2) is committed in that area;

“England” includes the English inshore region;

“English fishing boat” means—a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging, ora fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than—a Welsh, Scottish or Northern Ireland fishing boat,a fishing boat within subsection (7) above, ora fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;

“fishing boat” means any vessel that is being used for fishing or for any activity relating to fishing;

“Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

“Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

“sea fishing” includes fishing for or taking shellfish;

“shellfish” includes crustaceans and molluscs of any kind;

“vessel” includes any ship or boat or any description of vessel used in navigation;

“Wales” includes the Welsh inshore region;

“Welsh fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

Crown application

Application to the Crown

295

(1) The provisions of Chapters 1 to 5 of this Part are binding on the Crown.

This is subject to subsection (2).

(2) No contravention by the Crown of any provision of Chapter 5 is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), the provisions of Chapters 1 to 5 of this Part apply to persons in the public service of the Crown as they apply to other persons.

Part 9 — Coastal access

The coastal access duty

296

(1) Natural England and the Secretary of State must exercise the relevant functions in order to secure the following objectives.

(2) The first objective is that there is a route for the whole of the English coast which—

(a) consists of one or more long-distance routes along which the public are enabled to make recreational journeys on foot or by ferry, and

(b) (except to the extent that it is completed by ferry) passes over land which is accessible to the public.

(3) The second objective is that, in association with that route (“the English coastal route”), a margin of land along the length of the English coast is accessible to the public for the purposes of its enjoyment by them in conjunction with that route or otherwise, except to the extent that the margin of land is relevant excepted land.

(4) The duty imposed on Natural England and the Secretary of State by subsection (1)—

(a) is referred to in this Part as the coastal access duty, and

(b) is to be discharged by them in such stages and within such period as appear to them to be appropriate.

(5) For the purposes of this section, land is accessible to the public if it is—

(a) land which is available to the public for the purposes of open-air recreation, by virtue of provision made under section 3A of the CROW Act and subject to any exclusions or restrictions imposed by or under Part 1 of that Act (access to the countryside),

(b) land in England which, for the purposes of section 1(1) of that Act, is treated by section 15(1) of that Act as being accessible to the public apart from that Act, or

(c) excepted land in England which is accessible to the public by virtue of any enactment or rule of law (other than a military lands byelaw).

(6) Nothing in this section requires Natural England or the Secretary of State, in discharging the coastal access duty so far as it relates to the objective in subsection (3), to exercise functions so as to secure that any land becomes land within subsection (5)(b) or (c).

(7) For the purposes of the coastal access duty, a person is to be regarded as enabled to make a journey by ferry even if that journey can be made at certain times, or during certain periods, only.

(8) In this section—

“the 1949 Act” means the National Parks and Access to the Countryside Act 1949 (c. 97);

“the CROW Act” means the Countryside and Rights of Way Act 2000 (c. 37);

“excepted land” has the same meaning as in Part 1 of the CROW Act;

“military lands byelaw” means a byelaw under section 14 of the Military Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56);

“relevant excepted land” means excepted land other than land within subsection (5)(c);

“the relevant functions” means—in relation to Natural England—its functions under this Part, Part 4 of the 1949 Act (long-distance routes) and Part 1 of the CROW Act (access to the countryside), andsuch of its other functions as it considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3), andin relation to the Secretary of State—the Secretary of State's functions under this Part, Part 4 of the 1949 Act and Part 1 of the CROW Act, andsuch of the Secretary of State's other functions as the Secretary of State considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3).

General provision about the coastal access duty

297

(1) In discharging the coastal access duty, Natural England and the Secretary of State must comply with the requirements of this section.

(2) They must have regard to—

(a) the safety and convenience of those using the English coastal route,

(b) the desirability of that route adhering to the periphery of the coast and providing views of the sea, and

(c) the desirability of ensuring that so far as reasonably practicable interruptions to that route are kept to a minimum.

(3) They must aim to strike a fair balance between the interests of the public in having rights of access over land and the interests of any person with a relevant interest in the land.

(4) For this purpose a person has a relevant interest in land if the person—

(a) holds an estate in fee simple absolute in possession in the land,

(b) holds a term of years absolute in the land, or

The coastal access scheme

298

(1) Natural England must—

(a) prepare a scheme setting out the approach it will take when discharging the coastal access duty, and

(b) submit the scheme to the Secretary of State.

(2) The Secretary of State may—

(a) approve the scheme, with or without modifications, or

(b) reject the scheme and give Natural England a notice requiring it to prepare and submit a new scheme under subsection (1).

(3) The scheme must be submitted to the Secretary of State within the period of 12 months beginning with the day on which this section comes into force or, in a case within subsection (2)(b), within the period specified in the notice.

(4) Natural England may, with the approval of the Secretary of State, revise a scheme approved under this section.

(5) A scheme approved under this section (and any revised scheme) must set out the approach Natural England will take when deciding, for the purposes of section 55A(4) of the 1949 Act, whether it would be appropriate for an access authority to carry out any preliminary activity (within the meaning of section 55A(3) of that Act).

(6) The Secretary of State must lay before Parliament a copy of the scheme approved under this section and, where that scheme is revised, a copy of the revised scheme.

(7) Before preparing or revising a scheme under this section, Natural England must consult such persons as it considers appropriate.

(8) Natural England must, as soon as reasonably practicable, publish in such manner as it considers appropriate—

(a) the scheme approved by the Secretary of State, and

(b) where that scheme is revised, the revised scheme.

(9) In discharging the coastal access duty, Natural England must act in accordance with the scheme approved under this section (or, where that scheme has been revised, the revised scheme).

(10) Until such time as there is an approved scheme under this section, Natural England may not prepare or submit a report under section 51 or 55 of the 1949 Act (report containing proposals for long-distance routes) pursuant to the coastal access duty.

(11) Nothing in subsection (10) prevents Natural England from surveying any land in connection with the preparation of such a report.

Review of the coastal access scheme

299

(1) Where a scheme has been approved under section 298, Natural England may, from time to time, review the scheme (as revised from time to time under that section).

(2) At least one review must be completed within the period of 3 years beginning with the day on which a scheme is first approved under section 298(2).

(3) Natural England must publish a report of each review under this section as soon as reasonably practicable after the review is completed.

The English coast

300

(1) In this Part “the English coast” means the coast of England adjacent to the sea, including the coast of any island (in the sea) comprised in England (other than an excluded island).

(2) An island is “excluded” if it is neither—

(a) an accessible island, nor

(b) an island specified by the Secretary of State by order for the purposes of this paragraph.

(3) An island is “accessible” if it is possible to walk to the island from the mainland of England, or from another island within subsection (2)(a) or (b), across the foreshore or by means of a bridge, tunnel or causeway.

(4) For the purposes of subsection (3), it is possible to walk to an island even if it is possible to do so at certain times, or during certain periods, only.

(5) An island may be specified by an order under subsection (2)(b) only if the Secretary of State is satisfied that the coast of the island is of sufficient length to enable the establishment of one or more long-distance routes along its length capable of affording the public an extensive journey on foot.

(6) For the purposes of the objective in section 296(2) (the English coastal route), the means of access to an accessible island is (to the extent that it would not otherwise be the case) to be regarded as part of the English coast.

(7) This section is subject to section 307 (Isles of Scilly).

River estuaries

301

(1) This section applies in a case where the continuity of any part of the English coast is interrupted by a river.

(2) Natural England may exercise its functions as if the references in the coastal access provisions to the sea included the relevant upstream waters of the river.

(3) For this purpose “the relevant upstream waters”, in relation to a river, means—

(a) the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing, or

(b) if Natural England so decides, the waters from the seaward limit of the estuarial waters of the river upstream to such limit, downstream of the first public foot crossing, as may be specified by it.

(4) When exercising any power conferred by subsection (2) or (3), Natural England must have regard to the following matters (in addition to the matters mentioned in section 297(2))—

(a) the nature of the land which would, for the purposes of this Part, become part of the coast of England if Natural England exercised the power in subsection (2) in respect of the relevant upstream waters for the limit under consideration;

(b) the topography of the shoreline adjacent to those waters;

(d) the recreational benefit to the public of the coastal access duty being extended to apply in relation to the coast adjacent to those waters;

(e) the extent to which the land bordering those waters would, if it were coastal margin, be excepted land;

(f) whether it is desirable to continue the English coastal route to a particular physical feature (whether of the landscape or otherwise) or viewpoint;

(g) the existence of a ferry by which the public may cross the river.

(5) Anything done pursuant to subsection (2) (including any decision under subsection (3)(b)) is to be regarded as done pursuant to, and for the purpose of discharging, the coastal access duty.

(6) Subsections (1) to (5) apply in relation to the Secretary of State as they apply in relation to Natural England.

(7) A decision by Natural England to exercise a power conferred by subsection (2) or (3) in relation to a river—

(a) is without prejudice to any decision by the Secretary of State (by virtue of subsection (6)) as to whether or not to exercise such a power in relation to the river, and

(b) does not affect the requirements of subsection (4) (as they apply by virtue of subsection (6)) or of section 297(2) and (3), in relation to such a decision by the Secretary of State.

(8) In this section—

“coastal access provisions” means—

“excepted land” has the same meaning as in Part 1 of the CROW Act;

“public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot.

Implementation of the coastal access duty

Long-distance routes

302

(1) After section 55 of the 1949 Act insert—

(55A) (1) Pursuant to the coastal access duty, Natural England may prepare and submit a report under section 51 containing proposals for a route (whether or not the requirements of section 51(1) are satisfied). (2) For the purposes of subsection (1) it is immaterial whether the route or any part of it is already a route in approved proposals relating to a long-distance route. (3) In subsections (4) and (5) “preliminary activity” means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty. (4) Where Natural England considers it necessary or expedient for preliminary activity to be carried out as respects any land, it must— (a) consider whether it would be appropriate for the access authority in relation to that land to carry out any of the preliminary activity, and (b) if it concludes that it would be so appropriate, take all reasonable steps to enter into an agreement with the access authority for that purpose. (5) An access authority may, as respects any land in its area, enter into an agreement with Natural England under which the access authority undertakes to carry out preliminary activity. (6) In this section “the coastal access duty” means the duty imposed on Natural England and the Secretary of State by section 296(1) of the Marine and Coastal Access Act 2009. (55B) (1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty. (2) Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the report may set out proposals for the route, or any part of it, to be determined at any time in accordance with provision made in the proposals (rather than as shown on a map). (3) This subsection applies to an area if it is or may be— (a) subject to significant coastal erosion or encroachment by the sea, or (b) subject to significant physical change due to other geomorphological processes. (4) The provision made by virtue of subsection (2) may, in particular, provide for the route to be determined by reference to the edge of a cliff or boundary of a field (as it exists from time to time). (5) Where the report contains proposals under subsection (2), the map included in the report in accordance with section 51(2) must show the route as determined, at the time the report is prepared, in accordance with those proposals. (6) Natural England must consult the Environment Agency before exercising its powers under subsection (2) in respect of an area which is or may be— (a) subject to significant coastal erosion or encroachment by the sea, or (b) subject to significant physical change due to other geomorphological processes in relation to which the Agency has functions. (55C) (1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty. (2) The report may include, in relation to the route (“the ordinary route”) or any part of it, a proposal under subsection (3) or (4). (3) A proposal under this subsection is a proposal for an alternative route which is to operate as a diversion from the ordinary route, or part, during one or both of the following— (a) any specified period (or periods), and (b) any period during which access to the ordinary route or part is excluded by reason of a direction under Chapter 2 of Part 1 of the CROW Act (exclusion or restriction of access). (4) A proposal under this subsection is a proposal for an alternative route which is to operate as an optional alternative to the ordinary route, or part, during any period for which the ordinary route, or part, might reasonably be regarded as unsuitable for use by reason of— (a) flooding, (b) the action of the tide, (c) coastal erosion or encroachment by the sea, or (d) the effect of any other geomorphological process. (5) In subsection (3)(a) “specified” means— (a) specified in, or determined in accordance with, the proposal, or (b) determined in accordance with the proposal by— (i) a person specified in the proposal, or (ii) a person determined in accordance with the proposal, details of whom are notified to Natural England in accordance with the proposal. (6) Sections 51(2) and 55B apply in relation to an alternative route as they apply in relation to the ordinary route. (55D) (1) This section applies in relation to a report prepared under section 51 pursuant to the coastal access duty. (2) The proposals set out in the report may include— (a) a proposal for any part of the landward boundary of the relevant coastal margin to coincide with a physical feature identified in the proposal, (b) where those proposals include an alternative route, a proposal for any part of the landward or seaward boundary of the alternative route strip to coincide with a physical feature so identified, or (c) a proposal for the landward or seaward boundary of any area excluded from any description of excepted land to coincide with a physical feature so identified. (3) The report must contain— (a) a map showing the landward boundary of the relevant coastal margin, or (b) a description of that boundary which is sufficient to identify the relevant coastal margin. (4) Where a map is contained in a report pursuant to subsection (3)(a), Natural England must provide a person with a relevant interest in affected land, on request, with a copy of that map. (5) The report must set out such proposals (if any) as Natural England considers appropriate as to the directions to be made by it under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access that would arise under section 2(1) of that Act in relation to any land if the proposals in the report were to be approved. (6) Before preparing the report, Natural England must (in addition to complying with section 51(4))— (a) take reasonable steps to consult persons with a relevant interest in affected land, (b) consult any body of a kind mentioned in section 51(4) in whose Park or area affected land is situated (but which is not required to be consulted under section 51(4)), (c) consult each London borough council for an area in which affected land is situated, (d) consult each local access forum for an area in which affected land is situated, (e) consult the Secretary of State in relation to any interests of defence or national security which may be affected by the proposals which Natural England is minded to include in the report, (f) consult the Historic Buildings and Monuments Commission for England in relation to any interests in the preservation of any monument, structure or other thing, mentioned in section 26(3)(b) of the CROW Act which may be affected by those proposals, and (g) consult the Environment Agency in relation to any interests in flood defence, or in the management of the effects of coastal erosion or encroachment by the sea, which may be affected by those proposals. (7) A body within subsection (6)(b), (c) or (d) must provide Natural England with such information as it may reasonably require for the purposes of the report. (8) Where the Secretary of State is consulted under subsection (6)(e), the Secretary of State must— (a) provide Natural England with such information as it may reasonably require as to any exclusion or restriction of the right of access to affected land under section 2(1) of the CROW Act which the Secretary of State proposes to make provision for under section 28 of that Act (defence and national security), and (b) notify Natural England if the Secretary of State is of the opinion that this information, or any part of it, ought not to be disclosed by it on the grounds of the public interest in defence and national security. (9) Subject to subsection (10), the report must contain such of the information provided under subsection (8)(a) as Natural England considers relevant for the purposes of the report. (10) The report may not contain information which Natural England has been notified under subsection (8)(b) ought not to be disclosed by it. (55E) Schedule 1A contains— (a) provision about the procedure to be followed when a report is submitted under section 51 pursuant to the coastal access duty; (b) provision which, in relation to such reports, supplements the provision made by section 52. (55F) (1) This section applies where approved proposals relating to a long-distance route contain proposals as regards a direction to be made by Natural England under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access that would otherwise arise under section 2(1) of that Act. (2) Natural England must make the direction in accordance with those proposals. (3) Subsection (2) is without prejudice to any power Natural England may have to revoke or vary the direction after it is made. (55G) (1) This section applies where— (a) pursuant to the coastal access duty, approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, and (b) an approach route to the ferry is not a highway. (2) The reference in section 53(1) to the highway authority for either or both of the highways to be connected by the ferry is to be read as including the highway authority in whose area the approach route is situated. (3) In this section “approach route”, in relation to a ferry, means a part of the English coastal route to be connected to another part of that route by the ferry. (55H) (1) In the case of a report made by Natural England under section 55(1) pursuant to the coastal access duty— (a) the procedural requirements apply with the necessary modifications, and (b) section 55(3) does not apply. (2) The Secretary of State may by regulations provide— (a) that, in relation to a direction under section 55(2) pursuant to the coastal access duty, the procedural requirements apply with the modifications specified in the regulations, and (b) that section 55(3) does not apply in relation to such a direction. (3) The Secretary of State may not make a direction under section 55(2) pursuant to the coastal access duty at a time when there are no regulations under subsection (2) in force. (4) For the purposes of this section— - “modify” includes amend, add to or repeal, and “modification” is to be construed accordingly; - “the procedural requirements” means sections 51(4) and (5), 52(1) and (2), 55D(6) to (10) and 55E, Schedule 1A and regulations under that Schedule. (55I) (1) This section applies where Natural England or the Secretary of State gives a direction by virtue of Chapter 2 of Part 1 of the CROW Act which excludes the right of access under section 2(1) of that Act, for any period (“the exclusion period”), in relation to any land over which (or any part of which) the English coastal route or any official alternative route passes. (2) This section does not apply if the direction by virtue of that Chapter is expressed to have effect indefinitely. (3) Natural England may give a direction under this section specifying a route (“the temporary route”) which is to apply for the duration of the exclusion period or such part of it as is specified in the direction. (4) The temporary route specified by Natural England may pass only— (a) over land which is access land for the purposes of Part 1 of the CROW Act, (b) over land which, for the purposes of section 1(1) of that Act, is treated by section 15(1) of that Act as being accessible to the public apart from that Act, (c) along a highway, or (d) over any other land the owner of which has agreed to the temporary route (so far as it passes over that land). (5) Natural England must consult the Environment Agency before giving a direction where the temporary route specified passes over land of a type described in subsection (4)(d). (6) A direction under this section— (a) must be in writing, and (b) may be revoked or varied by a subsequent direction under this section. (55J) (1) In sections 55A to 55I, Schedule 1A and this section— - “access authority” has the same meaning as in Part 1 of the CROW Act; - “affected land” means— 1. land over which the route, or any alternative route, to which the proposals relate passes, and 2. any other land which— 1. is relevant coastal margin, or an alternative route strip in relation to such an alternative route, and 2. is not excepted land; - “alternative route” is to be construed in accordance with section 55C; - “alternative route strip”, in relation to an alternative route, means— 1. in a case where the proposal for the alternative route has not yet been approved under section 52, the land which would become coastal margin during the operation of that route if the proposals in the report were to be so approved (without modifications), and 2. in the case of an official alternative route, the land which would become coastal margin during the operation of that route; - “the coastal access duty” has the meaning given by section 55A; - “coastal margin” has the same meaning as in Part 1 of the CROW Act; - “the CROW Act” means the Countryside and Rights of Way Act 2000 (c. 37); - “the English coastal route” means the route secured pursuant to the coastal access duty; - “excepted land” has the same meaning as in Part 1 of the CROW Act; - “local access forum” means a local access forum established under section 94 of the CROW Act; - “official alternative route” means an alternative route which is contained in approved proposals relating to a long-distance route; - “owner”, in relation to land, means the person who holds an estate in fee simple absolute in possession in the land; - “relevant coastal margin”, in relation to proposals, means— 1. in a case where the proposals have not yet been approved under section 52, land which would become coastal margin if the proposals were to be approved (without modifications) under that section (disregarding the alternative route strip in relation to any alternative route), and 2. in a case where the proposals have been so approved (with or without modifications), land which becomes coastal margin as a result of the proposals having been so approved (disregarding the alternative route strip in relation to any official alternative route). (2) For the purposes of sections 55A to 55I and Schedule 1A, a person has a relevant interest in land if the person— (a) is the owner of the land, (b) holds a term of years absolute in the land, or (c) is in lawful occupation of the land. (3) Any power conferred by sections 55A to 55I or Schedule 1A to make regulations includes— (a) power to make different provision for different cases, and (b) power to make incidental, consequential, supplemental or transitional provision or savings.

(2) After Schedule 1 to the 1949 Act insert the Schedule set out in Schedule 19 to this Act.

Access to the coastal margin

303

(1) Part 1 of the CROW Act (access to the countryside) is amended as follows.

(2) In section 1—

(a) in subsection (1) (definition of “access land”) omit “or” at the end of paragraph (d) and after that paragraph insert—

(da) is coastal margin, or

(b) in subsection (2), after the definition of “the appropriate countryside body” insert—

“coastal margin” means land which is of a description specified by an order under section 3A;

(c) in that subsection, in the definition of “open country”, in paragraph (b) after “land” insert “ or coastal margin ”, and

(d) in subsection (3), after “2006” insert “ (but is not coastal margin) ”.

(3) In section 2 (rights of public in relation to access land)—

(a) in subsection (3), for “prohibition” to the end substitute “ relevant statutory prohibition ”, and

(b) after that subsection insert—

(3A) In subsection (3) “relevant statutory prohibition” means— (a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and (b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.

(4) In section 3 (power to extend to coastal land)—

(a) at the end of the heading insert “ : Wales ”,

(b) in subsection (1) for “Secretary” to “Wales)” substitute “ Welsh Ministers ”, and

(5) After that section insert—

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