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Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

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(3A) (1) The Secretary of State may by order specify the descriptions of land in England which are coastal margin for the purposes of this Part. (2) An order under subsection (1) may, in particular— (a) describe land by reference to it being— (i) land over which the line taken by the English coastal route passes, (ii) land which is adjacent to and within a specified distance of that line, or (iii) land which is adjacent to land within sub-paragraph (ii), if the land described under paragraphs (i) to (iii), taken as a whole, is coastal land; (b) in relation to cases where a proposal of the kind mentioned in section 55B of the 1949 Act (power to determine the route in accordance with provision made in the report) is contained in relevant approved proposals, describe land by reference to the line taken by the English coastal route as it has effect from time to time in accordance with that proposal; (c) in relation to cases where a proposal of the kind mentioned in section 55C of that Act (alternative routes) is contained in relevant approved proposals, describe land by reference to it being— (i) land over which the line taken by an official alternative route which is for the time being in operation passes, or (ii) land which is adjacent to and within a specified distance of that line, whether or not it is coastal land; (d) in relation to cases where a proposal of the kind mentioned in section 55D(2)(a) or (b) of that Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of an area of coastal margin is to coincide with a physical feature as provided for in that proposal (and for this purpose it is immaterial if the effect is to include other land as coastal margin or to exclude part of an area of coastal land); (e) in relation to cases where a direction under subsection (3) of section 55I of that Act (temporary diversions) specifies a route which (or any part of which) passes over land within subsection (4)(d) of that section, describe land by reference to it being— (i) land over which the line taken by that route (so far as it passes over land within subsection (4)(d) of that section) passes, or (ii) land which is adjacent to and within a specified distance of that line (so far as it so passes), whether or not it is coastal land. (3) For the purposes of subsection (2) it is immaterial whether the English coastal route is in existence at the time the order is made. (4) An order under subsection (1) may modify the provisions of this Part in their application to land which is coastal margin. (5) Provision made by virtue of subsection (4) may, in particular— (a) confer functions on the Secretary of State or Natural England; (b) if providing for any description of land which is coastal margin to be excluded from any description of excepted land— (i) describe that land as mentioned in subsection (2)(a)(i) to (iii), (b) or (c), or (ii) in relation to cases where a proposal of the kind mentioned in section 55D(2)(c) of the 1949 Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of that land (or any part of it) is to coincide with a physical feature as provided for in that proposal. (6) Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1)— (a) section 2(1) does not apply in relation to the land by reason of it being coastal margin until the end of the access preparation period in relation to the land, (b) any direction given under Chapter 2 in relation to the land may be expressed to take effect immediately after the end of that period, and (c) until the end of that period, the land is not to be regarded as coastal margin— (i) for the purpose of determining whether it is open country or registered common land, or (ii) for the purposes of section 1(6AA) of the Occupiers' Liability Act 1984 (duty of occupier of coastal margin to persons other than the occupier's visitors). (7) Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1), any exclusion or restriction under Chapter 2 of access to the land by virtue of section 2(1) ceases to have effect at the end of the access preparation period. (8) Subsection (7) does not apply to any exclusion or restriction resulting from a direction under Chapter 2 which takes effect after the end of the access preparation period. (9) Subsections (6) and (7) do not apply to land if, at the time it becomes coastal margin by virtue of an order under subsection (1), it is already dedicated as coastal margin under section 16. (10) In this section— - “the 1949 Act” means the National Parks and Access to the Countryside Act 1949; - “access preparation period”, in relation to any land, means the period which— 1. begins when the land becomes coastal margin, and 2. ends with the day appointed by the Secretary of State by order under this subsection in relation to that land; - “approved proposals relating to a long-distance route” is to be construed in accordance with sections 52(3) and 55(4) of the 1949 Act; - “coastal land” has the same meaning as in section 3; - “the English coastal route” means the route secured (or to be secured) pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009); - “modify” includes amend, add to or repeal; - “official alternative route” has the meaning given by section 55J of the 1949 Act; - “relevant approved proposals” means approved proposals relating to a long-distance route which is or forms part of the English coastal route; - “specified” means specified in an order under subsection (1); and references to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) are to be interpreted in accordance with section 21(2) and (3).

(6) In section 16 (dedication of land as access land)—

(a) after subsection (2) insert—

(2A) Where a person makes a dedication under this section in respect of land within subsection (2B), that dedication may also dedicate the land as coastal margin. (2B) The land within this subsection is— (a) land which is coastal margin, and (b) any other land in England which is adjacent to land which is coastal margin. (2C) Where land is dedicated as coastal margin— (a) in the case of land within subsection (2B)(b), it is to be treated as coastal margin for the purposes of any provision made by or by virtue of this Part (other than section 1), and (b) if— (i) disregarding this paragraph, it would be excepted land, and (ii) it is not land which is accessible to the public by virtue of any enactment or rule of law (other than this Act), it is to be treated for the purposes of any provision made by or by virtue of this Part as if it were not excepted land.

(b) in subsection (6), omit “and” at the end of paragraph (c) and after that paragraph insert—

(ca) in the case of land within subsection (2B), enable a dedication previously made under this section in respect of the land (otherwise than by virtue of subsection (2A)) to be amended, by the persons by whom a dedication could be made, so as to provide that the land is dedicated as coastal margin for the purposes of subsection (2C), (cb) provide for any exclusion or restriction under Chapter 2 of access by virtue of section 2(1) which has effect in relation to land which is within subsection (2B)(b) immediately before it is dedicated as coastal margin to cease to have effect at the time the dedication takes effect, and

, and

(6A) In subsection (6)(cb) the reference to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) is to be interpreted in accordance with section 21(2) and (3).

(7) In section 20 (codes of conduct and other information)—

(a) in subsection (1), omit “and” at the end of paragraph (a) and after paragraph (b) insert

, and (c) that, in relation to access land which is coastal margin, the public are informed that the right conferred by section 2(1) does not affect any other right of access that may exist in relation to that land.

, and

(b) after that subsection insert—

(1A) The duty imposed by subsection (1) to issue and revise a code of conduct may be discharged, in relation to access land which is coastal margin, by (or in part by) issuing and revising a separate code relating to such access land only.

(8) In section 44 (orders and regulations under Part 1), in subsection (3) after “section 3” insert “ or 3A(1) ”.

(9) In section 45 (interpretation of Part 1), after the definition of “the appropriate countryside body” insert—

“coastal margin” has the meaning given by section 1(2);

Establishment and maintenance of the English coastal route etc

304

Schedule 20 (establishment and maintenance of the English coastal route etc) has effect.

Liabilities

Restricting liabilities of Natural England and the Secretary of State

305

(1) No duty of care is owed by Natural England to any person under the law of negligence—

(a) when preparing or submitting proposals under section 51 or 55 of the 1949 Act (long-distance routes and variations of such routes) pursuant to the coastal access duty,

(b) in connection with any failure by it to erect, under paragraph 6 of Schedule 20, a notice or sign of the kind mentioned in sub-paragraph (2)(b) of that paragraph (notices or signs warning of obstacles or hazards), or

(c) in connection with any failure by it to exclude or restrict access under Chapter 2 of Part 1 of the CROW Act to any land which is coastal margin, other than a failure within subsection (2).

(2) A failure is within this subsection if it arises as a result of Natural England—

(a) deciding not to act in accordance with an application under section 24 or 25 of that Act, or

(b) deciding not to act in accordance with representations made by a person on being consulted under section 27(5) of that Act (consultation of original applicant etc before revoking or varying a direction).

(3) In subsections (1) and (2) the references to Natural England include any person acting on its behalf.

(4) No duty of care is owed by the Secretary of State to any person under the law of negligence when—

(a) approving proposals (with or without modifications) under section 52 or 55 of the 1949 Act pursuant to the coastal access duty, or

(b) giving a direction under section 55 of that Act, pursuant to that duty.

Occupiers’ liability

306

In section 1 of the Occupiers' Liability Act 1984 (c. 3) (duty of occupier to persons other than the occupier's visitors), after subsection (6A) insert—

(6AA) Where the land is coastal margin for the purposes of Part 1 of that Act (including any land treated as coastal margin by virtue of section 16 of that Act), subsection (6A) has effect as if for paragraphs (a) and (b) of that subsection there were substituted “ a risk resulting from the existence of any physical feature (whether of the landscape or otherwise). ”

General

Isles of Scilly

307

(1) Subject to the provisions of an order under subsection (2), sections 296 to 301, 304, 305, 308 and 309 and Schedule 20 do not apply in relation to the Isles of Scilly.

(2) The Secretary of State may by order provide for the application of any of those provisions in relation to the Isles of Scilly, subject to such modifications as may be specified in the order.

(3) Before making an order under subsection (2), the Secretary of State must consult the Council of the Isles of Scilly.

(4) The power exercisable under section 111 of the 1949 Act (application to Isles of Scilly as if a separate county) in relation to the provisions of Part 4 of that Act is exercisable in relation to that Part as amended by section 302.

(5) The powers exercisable under section 100(1), (2) and (4) of the CROW Act (application to Isles of Scilly) in relation to provisions of Part 1 of that Act are exercisable in relation to that Part as amended by section 303.

The Crown

308

(1) This Part is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.

(2) For this purpose “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(3) The appropriate authority may enter into—

(a) an agreement under section 35 of the CROW Act (means of access) entered into by Natural England or an access authority by virtue of paragraph 1 of Schedule 20, or

(b) an agreement under paragraph 2 of that Schedule (establishment and maintenance of the English coastal route),

as respects an interest in Crown land held by or on behalf of the Crown.

(4) An agreement described in subsection (3)(a) or (b) as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.

(5) The “appropriate authority” means—

(a) in the case of land which belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having management of the land in question;

(b) in the case of land which belongs to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual, or if no such appointment is made, the Secretary of State;

(d) in the case of land which belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(e) in the case of land which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.

(6) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.

(7) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

Interpretation of this Part

309

In this Part—

“the 1949 Act” has the meaning given by section 296(8);

“access authority”, in relation to any land, has the same meaning as in Part 1 of the CROW Act;

“the coastal access duty” has the meaning given by section 296(4);

“coastal margin” means land which is coastal margin for the purposes of Part 1 of the CROW Act (including any land treated as coastal margin by virtue of section 16 of that Act);

“the CROW Act” has the meaning given by section 296(8);

“the English coast” has the meaning given by section 300;

“the English coastal route” has the meaning given by section 296(3);

“estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);

“functions” includes powers and duties;

“long-distance route” means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);

“the sea”, subject to section 301, does not include any part of a river which is upstream of the seaward limit of the river's estuarial waters.

Wales

Powers of National Assembly for Wales

310

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures), in field 16 (sport and recreation), after matter 16.1 insert—

The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys. This matter does not include— (a) enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages); (b) the creation of new highways (whether under the Highways Act 1980 or otherwise). Securing public access to relevant land for the purposes of open-air recreation. Land is relevant land if it— (a) is at the coast, (b) can be used for the purposes of open-air recreation in association with land within paragraph (a), or (c) can be used for the purposes of open-air recreation in association with a route within matter 16.2. In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000. In this field— - “coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales; - “estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy); - “highway” has the same meaning as in the Highways Act 1980; - “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; - “qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section; - “relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing; - “sea” includes the relevant upstream waters of a river; and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.

Part 10 — Miscellaneous

Natural England

Area in which functions of Natural England exercisable

311

(1) Section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16) (constitution of Natural England) is amended as follows.

(2) In subsection (3) (area in which functions exercisable) after “in relation to England” insert “ (including, where the context requires, the territorial sea adjacent to England) ”.

(3) After subsection (3) insert—

(3A) An order or Order in Council made— (a) under section 158(3) of the Government of Wales Act 2006 for the purposes of determining which waters are treated as being adjacent to Wales, or (b) under section 126(2) of the Scotland Act 1998 for the purposes of determining which waters are treated as being adjacent to Scotland, applies for the purposes of this section as it applies for the purposes of the Act under which it is made.

Natural England not to be responder for Civil Contingencies Act 2004

312

In Schedule 1 to the Civil Contingencies Act 2004 (c. 36) (category 1 and 2 responders) omit paragraph 11A (Natural England).

Countryside Council for Wales

Area in which functions of Countryside Council for Wales exercisable

313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

314

(1) In the Energy Act 2008 (c. 32), after Part 4 (decommissioning of energy installations) insert—

(82A) (1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)). (2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation. (3) Subject to that, subsection (1) applies to an operation if— (a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), (b) it is of a description falling within subsection (4), and (c) it may be carried out only with a permission falling within subsection (5). (4) The descriptions of operations are— (a) the construction, alteration, improvement, dismantlement or abandonment of any works; (b) the deposit of any object or materials; (c) the removal of any object or materials. (5) The permissions are— (a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934, (b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences), (c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines), and see also subsection (6). (6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person. (7) In the case of an authorised exploration or exploitation operation (see subsection (8))— (a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved. (8) In this Part “authorised exploration or exploitation operation” means any operation— (a) which is of a description falling within subsection (4)(a), and (b) which may be carried out only with a permission falling within subsection (5). (82B) (1) The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary. (2) On receipt of any such application, the Secretary of State may cause to be published notice of— (a) the application, and (b) the time within which, and the manner in which, objections to the application may be made. (3) Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application. (4) The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent. (82C) (1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies. (2) In any such case, the Secretary of State must either— (a) refuse to give consent, or (b) give consent subject to such conditions as the Secretary of State considers appropriate. (3) In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result. (4) In the case of an authorised exploration or exploitation operation— (a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved. (5) A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent. (6) Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent. (82D) (1) This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”). (2) A consent condition shall either— (a) remain in force for a specified period, or (b) remain in force without limit of time, but this is subject to subsection (5). (3) A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question. (4) Where— (a) a consent condition relates to the taking of navigational precautions, and (b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed), the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken. (5) The Secretary of State may revoke any consent condition. (6) In this section “taking of navigational precautions” means any of the following— (a) the provision of any lights, signals or other aids to navigation; (b) the stationing of guard ships in the vicinity of the works in question; (c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works. (82E) (1) This section applies if— (a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or (b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition. (2) The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction. (3) The Secretary of State must consult the defaulter before giving a direction under subsection (2). (4) If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may— (a) comply with the direction on behalf of the defaulter, or (b) make arrangements for another person to do so. (5) A person taking action by virtue of subsection (4) may— (a) do anything which the defaulter could have done, and (b) recover from the defaulter any reasonable costs incurred in taking the action. (6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment. (7) The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates. (8) The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct. (9) The power to give a direction under this section is without prejudice to any provision made— (a) in the consent, with regard to the enforcement of any of its provisions, or (b) in the condition, with regard to the enforcement of the condition. (82F) (1) This section applies in any case where— (a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and (b) at any time after the giving of that consent, the condition in subsection (2) is met. (2) The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of— (a) any substantial damage to any works to which the relevant consent relates, or (b) any other substantial and unforeseen change in the state or position of any such works. (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder. (4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5). (5) Those matters are— (a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and (b) the stationing of guard ships in the vicinity of those works. (6) An emergency safety notice may be served by the Secretary of State whether or not— (a) the operation in question has been completed, or (b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5). (82G) (1) If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may— (a) comply with the notice on behalf of the consent holder, or (b) make arrangements for another person to do so. (2) For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable. (3) A person taking action by virtue of subsection (1) may— (a) do anything which the consent holder could have done, and (b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate. (4) The persons are— (a) the consent holder; (b) any other person or persons bound by a consent condition by virtue of section 82D(3). (5) A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment. (6) The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates. (7) Once an emergency safety notice has been complied with (whether by the consent holder or otherwise)— (a) the requirements of the notice are, subject to subsection (8), to be treated for the purposes of this Part as conditions subject to which the consent was given, but (b) section 82D(2) and (5) are not to apply in the case of those requirements. (8) If it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, the Secretary of State must revoke the requirements by notice served on the consent holder. (9) Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection (7) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances. (82H) (1) This section applies where— (a) a consent under section 82A(1) has been given subject to conditions, (b) a person falling within subsection (2) fails to comply with a condition, and (c) it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition. (2) The persons are— (a) the consent holder; (b) any person bound by the condition by virtue of section 82D(3). (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4). (4) The requirements are— (a) a requirement to comply with the condition; (b) a requirement to take any specified action or actions to remedy the failure to comply with the condition. (5) Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice. (6) In this section “specified” means specified in the immediate action notice. (82I) (1) It is an offence for a person— (a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or (b) to fail to comply with a condition of such a consent. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £50,000, or (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. (82J) (1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1). (2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1). (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine. (82K) (1) It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £50,000, or (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. (82L) (1) It is an offence for a person to fail to comply with— (a) an emergency safety notice, or (b) an immediate action notice, within the time allowed (within the meaning of section 82G(1)). (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding £50,000, or (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both. (82M) (1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict. (2) An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part. (3) On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach. (4) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown. (5) In this section “the court” means— (a) the High Court, or (b) in Scotland, the Court of Session. (82N) (1) The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Part. (2) The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section. (3) The Secretary of State may make regulations about— (a) the powers and duties of inspectors appointed under this section; (b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part; (c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b). (4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc). (5) Any regulations under this section may provide for the creation of offences which are punishable— (a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and (b) on conviction on indictment, by a fine. (82O) (1) Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. (2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence. (3) In this section “relevant offence” means— (a) an offence under this Part, or (b) an offence created by regulations under section 82N. (82P) (1) The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region. (2) The operations must be operations— (a) which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both), (b) which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and (c) which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger. (3) The reference in subsection (1) to “the Scottish inshore region” includes a reference to— (a) the shore adjoining that region, and (b) any land in Scotland adjoining or adjacent to that shore. (4) If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures— (a) section 82A(3)(c) does not apply in relation to the operation, but (b) paragraph (a) is subject to any different modification or other provision to the contrary made by an order under this section. (5) For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of— (a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998, or (b) a carbon storage installation, within the meaning of section 30 of this Act, whether or not the measures are taken in pursuance of an abandonment programme. (6) In subsection (5) “abandonment programme” means— (a) an abandonment programme under Part 4 of the Petroleum Act 1998; (b) an abandonment programme under that Part, as it applies by virtue of section 30 of this Act. (7) In this section “specified” means specified in the order. (82Q) In this Part— - “authorised exploration or exploitation operation” has the meaning given by section 82A(8); - “consent holder” means the person to whom a consent under section 82A is given; - “emergency safety notice” is to be read in accordance with section 82F(3); - “immediate action notice” is to be read in accordance with section 82H(3); - “regulated zone” means the area that consists of— 1. the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and 2. the area of sea within the limits of the UK sector of the continental shelf, - “Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act); - “sea” includes— 1. any tidal waters; and 2. any land covered with water at mean high water spring tide; - “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964.

(2) In section 105(2)(a) of the Energy Act 2008 (c. 32) (instruments requiring draft affirmative procedure) after sub-paragraph (v) insert—

(va) section 82N (power to make regulations in relation to persons appointed as inspectors etc), (vb) section 82P (power to extend application of Part 4A),

Harbours Act 1964

Amendments of the Harbours Act 1964

315

Schedule 21 (which contains amendments of the Harbours Act 1964 (c. 40)) has effect.

Part 11 — Supplementary provisions

Regulations and orders

316

(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 137G (orders made for the purpose of designating, or furthering the objectives of, MCZs 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)—

(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);

(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—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;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;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;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—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;in relation to any statutory instrument made by the Scottish Ministers, annulment in pursuance of a resolution of the Scottish Parliament;in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales;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—an Act of Parliament;an Act of the Scottish Parliament;a Measure of the National Assembly for Wales;Northern Ireland legislation;

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

Directions

317

(1) Any directions given under this Act must be in writing.

(2) Any power conferred by this Act to give a direction includes power, exercisable in the same manner and subject to the same conditions or limitations, to vary or revoke the direction.

Offences by directors, partners, etc

318

(1) Where an offence under this Act has been committed by a body corporate and it is proved that the offence—

(a) has been committed with the consent or connivance of a person falling within subsection (2), or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.

(2) The persons are—

(a) a director, manager, secretary or similar officer of the body corporate;

(b) any person who was purporting to act in such a capacity.

(3) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

(4) Where an offence under this Act has been committed by a Scottish firm and it is proved that the offence—

(a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.

319

Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecutions of offences committed on the open sea by persons who are not British citizens) does not apply to any proceedings for an offence under this Act.

Power to make transitional provisions and savings

320

(1) The Secretary of State may by order make such transitional provision or savings as the Secretary of State considers necessary or expedient in consequence of any provisions of this Act.

(2) The power conferred by subsection (1) includes power to make provision in addition to, or different from, that made by this Act.

Repeals

321

Schedule 22 contains repeals.

Interpretation

322

(1) In this Act—

“baseline” means the baseline from which the breadth of the territorial sea is measured;

“British fishery limits” has the meaning given by section 1 of the Fishery Limits Act 1976 (c. 86);

“draft affirmative procedure” has the meaning given in section 316;

“English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;

“English offshore region” means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following—the Scottish offshore region;the Welsh offshore region;the Northern Ireland offshore region;

“exclusive economic zone” means any area for the time being designated by an Order in Council under section 41(3);

“financial year” means any period of twelve months ending with 31st March (except where the context otherwise requires);

“general objective”, in relation to the MMO, is to be read in accordance with section 2(1);

“marine policy statement” is to be construed in accordance with sections 44 and 47;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

“the MMO” means the Marine Management Organisation;

“MPS” means a marine policy statement;

“nautical mile” means an international nautical mile of 1,852 metres;

“negative resolution procedure” has the meaning given in section 316;

“Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;

“Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;

“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (c. 47) (see section 98(1) and (8) of that Act);

“notice” means notice in writing;

“public authority” means any of the following—a Minister of the Crown;a public body;a public office holder;

“public body” includes—a government department;a Northern Ireland department;a local authority (see subsection (2));a local planning authority;a statutory undertaker (see subsection (2));

“public office holder” means a person holding any of the following offices—an office under the Crown;an office created or continued in existence by a public general Act or by devolved legislation (see subsection (3));an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature (see subsection (3));

“renewable energy zone” means any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);

“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

“Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of—areas of sea which lie within the Scottish zone, andareas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;

“Scottish zone” has the same meaning as in the Scotland Act 1998 (c. 46) (see section 126(1) and (2) of that Act);

“sea”, except in Part 9 (coastal access), is to be read in accordance with section 42(3) and (4);

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21 of that Act);

“territorial sea” means the territorial sea of the United Kingdom;

“UK marine area” has the meaning given by section 42;

“UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c. 29);

“Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;

“Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;

“Welsh zone” has the same meaning as in the Government of Wales Act 2006 (c. 32) (see section 158(1) and (3) of that Act).

(2) In the definition of “public body” in subsection (1)—

“local authority” means—in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Scotland, a council for any local government area constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994 (c. 39);in relation to Wales, a county council, a county borough council or a community council;in relation to Northern Ireland, a district council;

“statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of any of the following—Part 11 of the Town and Country Planning Act 1990 (c. 8);Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8);the Planning Act (Northern Ireland) 2011.

(3) For the purposes of the definition of “public office holder” in subsection (1)—

“devolved legislation” means legislation passed by a devolved legislature;

“devolved legislature” means—the Scottish Parliament;the National Assembly for Wales;the Northern Ireland Assembly.

(4) Subsection (5) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Northern Ireland (and, in consequence, are not adjacent to England, Wales or Scotland), or

(b) are not adjacent to Northern Ireland (and, in consequence, are not precluded from being adjacent to England, Wales or Scotland).

(5) The question is to be determined by reference to an Order in Council under section 98(8) of the Northern Ireland Act 1998 (c. 47) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(6) Subsection (7) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Wales (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).

(7) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(8) Subsection (9) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Scotland (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).

(9) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

Extent

323

(1) Subject to the following provisions of this section, this Act extends to England and Wales only.

(2) The amendment or repeal of any enactment (including an enactment comprised in subordinate legislation) by, or in consequence of, the following provisions of this Act has the same extent as the enactment amended or repealed—

(a) Part 1 (the MMO);

(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone), other than paragraph 2 of Schedule 4;

(d) Chapter 4 of Part 7 (obsolete fisheries enactments);

(e) Part 9 (coastal access);

(f) in Part 10—

(i) sections 311 and 312 (Natural England);

(ii) section 313 (Countryside Council for Wales);

(iii) section 314 (which inserts Part 4A into the Energy Act 2008 (c. 32));

(g) Schedule 14 (minor and consequential amendments relating to IFC authorities).

(3) Subject to subsection (2)—

(a) any repeal in Schedule 22 (and section 321 so far as relating to the repeal) has the same extent as the provisions of this Act to which the repeal relates, but

(b) paragraph (a) is subject to any provision in the notes in that Schedule.

(4) Subject to subsection (2), the following provisions also extend to Scotland—

(a) Part 1 (the MMO);

(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone);

(d) Part 4 (marine licensing), other than paragraph 1 of Schedule 8;

(e) Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;

(f) in Chapter 1 of Part 6, sections 165, 166 and 186 (powers of IFC officers etc);

(g) in Part 7 (fisheries)—

(i) sections 212 and 213 (crabs and lobsters);

(ii) section 232 (keeping, introduction and removal of fish);

(h) in Part 8 (enforcement), Chapters 1 to 5 and section 295;

(i) this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).

(5) Subject to subsection (2), the following provisions also extend to Northern Ireland—

(a) Part 1 (the MMO);

(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone);

(d) Part 4 (marine licensing), other than paragraph 1 of Schedule 8;

(e) Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;

(f) in Part 8 (enforcement), Chapters 1 to 5 and section 295;

(g) this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).

(6) The amendments and repeals made by this Act to provisions of the Food and Environment Protection Act 1985 (c. 48) do not extend to any of the Channel Islands or any British overseas territory.

(7) Her Majesty may by Order in Council—

(a) provide for any of the provisions of Part 4 (marine licensing) or this Part, so far as relating to Part 4, to extend, with or without modifications, to any of the territories specified in subsection (8), and

(b) where any such provision is made in relation to any of those territories, repeal any provisions of Part 2 or 4 of the Food and Environment Protection Act 1985 (deposits in the sea etc) as they have effect as part of the law of that territory.

(8) The territories mentioned in subsection (7) are—

(a) the Bailiwick of Jersey;

(b) the Falkland Islands;

(d) St Helena and Dependencies.

(9) In section 24 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to extend provisions of that Act to Isle of Man or Channel Islands), as it applies in relation to the Bailiwick of Guernsey, any reference to a provision of that Act includes a reference to that provision as amended by any provision of Chapter 1 of Part 7 of this Act.

(10) The amendments made by—

(a) paragraph 2 of Schedule 4 (amendments to the Fishery Limits Act 1976 (c. 86)),

(b) section 212 (taking of crabs and lobsters for scientific purposes), and

do not extend to the Isle of Man or the Channel Islands.

Commencement

324

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) in Part 3 (marine planning)—

(i) paragraphs 4(1) to (4), 5 and 6 of Schedule 5 (statement of public participation relating to MPS) and, so far as relating to those paragraphs, paragraphs 1 and 2 of that Schedule;

(ii) sections 44(1)(b) and (5) and 45(4), so far as relating to those paragraphs;

(b) this Part, other than section 321 and Schedule 22;

(c) any power of a Minister of the Crown, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department to make regulations or an order under or by virtue of this Act;

(d) any power to make an Order in Council under the Government of Wales Act 2006 (c. 32) by virtue of the amendments made by section 43 and paragraph 6 of Schedule 4 (Welsh zone).

(2) So far as not already brought into force by virtue of subsection (1), the following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) Part 3 (marine planning);

(b) in Part 5—

(i) Chapter 1 (MCZs), so far as not relating to MCZs in Wales;

(ii) Chapter 2 (other conservation sites), so far as not relating to Wales;

(d) Part 9 (coastal access).

(3) Subject to subsection (4), the other provisions of this Act come into force on an appointed day.

(4) Any repeal in Schedule 22 (and section 321 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.

(5) In this section “appointed day” means such day or days as the Secretary of State may by order appoint.

(6) The power conferred by subsection (5) is exercisable by the Welsh Ministers (and not the Secretary of State) in relation to the following provisions—

(a) so far as relating to MCZs in Wales—

(i) Chapter 1 of Part 5 (MCZs);

(ii) the repeals in Schedule 22 relating to that Chapter;

(iii) section 321 so far as relating to those repeals;

(b) Chapter 2 of Part 5 (other conservation sites), so far as relating to Wales;

(i) in Part 6, section 187 (repeal of the Sea Fisheries Regulation Act 1966 (c. 38));

(ii) the repeals in Schedule 22 relating to that section;

(iii) section 321 so far as relating to that section and those repeals.

(7) An order under subsection (5) may appoint different days for different purposes.

(8) In this section “Wales” includes the Welsh inshore region.

Short title

325

This Act may be cited as the Marine and Coastal Access Act 2009.

Schedule 1

Status of the MMO

1

(1) The MMO is a body corporate.

(2) The MMO is not to be regarded—

(a) as a servant or agent of the Crown,

(b) as enjoying any status, privilege or immunity of the Crown, or

(c) as exempt, by virtue of any connection with the Crown, from any tax, duty, rate, levy or other charge whatsoever, whether general or local,

and the property of the MMO is not to be regarded as property of, or held on behalf of, the Crown.

(3) Accordingly, employees of the MMO are not to be regarded as—

(a) servants or agents of the Crown, or

(b) enjoying any status, immunity or privilege of the Crown.

The chair of the MMO

2

A person (the “chair of the MMO”) is to be appointed by the Secretary of State to chair the MMO.

Membership

3

(1) The members of the MMO are to be—

(a) the person who is for the time being the chair of the MMO, and

(b) not fewer than 5, nor more than 8, other members (“ordinary members”) who are to be appointed by the Secretary of State.

(2) The Secretary of State must consult the chair of the MMO before appointing any of the ordinary members.

(3) If a person who is an ordinary member is to become the chair of the MMO, the appointment as ordinary member ceases immediately before the person becomes the chair of the MMO.

The deputy chair of the MMO

4

The Secretary of State may appoint one of the ordinary members to be the deputy chair of the MMO (“the deputy chair”).

Considerations in making appointments

5

In appointing any person to be the chair of the MMO or an ordinary member, the Secretary of State must have regard to the desirability—

(a) of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the MMO's functions, and

(b) of securing that a variety of skills and experience is available among the members.

Power to amend the numbers of members specified in paragraph 3(1)

6

(1) The Secretary of State may by order amend paragraph 3(1) so as to substitute a different number for any of the numbers for the time being specified there.

(2) An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that it provides that there may be fewer than 5 ordinary members.

Terms of appointment

7

(1) A person appointed as—

(a) the chair of the MMO, or

(b) an ordinary member,

holds and vacates office in accordance with the terms of the appointment.

(2) A person appointed as the deputy chair holds and vacates that office in accordance with any particular terms of appointment there may be in the case of that appointment in addition to the terms of the person's appointment as an ordinary member.

(3) Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.

(4) The terms of appointment to any office in any particular case are to be such as the Secretary of State may determine.

(5) No appointment is to be for longer than 5 years.

(6) No person may be a member for a total period of more than 10 years (whether or not continuous).

Resignation from office

8

A person may, by giving notice to the Secretary of State, resign from office as—

(a) the chair of the MMO,

(b) the deputy chair, or

Suspension from, or termination of, office

9

(1) The Secretary of State may suspend or terminate the appointment of any person as the chair of the MMO, the deputy chair, or an ordinary member, if—

(a) the person has become bankrupt or made an arrangement with creditors,

(b) the person's estate has been sequestrated in Scotland or the person has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, granted a trust deed for creditors,

(c) the person has been absent from meetings of the MMO for a period of more than 6 months without the permission of the MMO,

(d) the person is disqualified from acting as a company director,

(e) the person has been convicted (whether before or after appointment) of a criminal offence, the conviction not being spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53),

or if the person is, in the opinion of the Secretary of State, unable or unfit to discharge the functions of the appointment for any other reason.

(2) A person whose appointment as the chair of the MMO is suspended is accordingly also suspended as a member.

(3) If a person's appointment as an ordinary member is suspended, any appointment of that person as the deputy chair is also suspended.

Eligibility for re-appointment

10

A person who ceases to hold any of the following offices—

(a) chair of the MMO,

(b) deputy chair,

is not by reason of that cessation prevented from subsequently being re-appointed to that office (or, in the case of paragraph (a) or (c), from subsequently becoming a member again).

Members’ remuneration and allowances

11

The MMO may pay to its members such remuneration and allowances as the Secretary of State may determine.

Pensions, allowances and gratuities

12

If required to do so by the Secretary of State, the MMO must—

(a) pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a member;

(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.

Compensation for loss of office

13

If—

(a) a person ceases to be a member, and

(b) it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation,

the Secretary of State may require the MMO to make such payments to the person as the Secretary of State may determine.

Chief executive

14

(1) The MMO must appoint a person to be its chief executive.

(2) The person appointed must have been approved by the Secretary of State.

(3) The chief executive is an employee of the MMO.

(4) The Secretary of State may appoint the first chief executive.

Chief scientific adviser

15

(1) The MMO must appoint a person to be its chief scientific adviser.

(2) The chief scientific adviser is an employee of the MMO.

(3) The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

Other staff

16

(1) The MMO may appoint other employees.

(2) The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

Staff remuneration and allowances

17

(1) The MMO may pay such remuneration and allowances as it may determine to any of its employees.

(2) The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.

Staff pensions etc

18

(1) The MMO may—

(a) pay such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the MMO;

(b) pay such sums as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.

(2) The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.

Staff superannuation

19

(1) Employment with the MMO is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.

(2) Accordingly, in Schedule 1 to that Act (kinds of employment to which the Act applies) insert at the appropriate place—

Marine Management Organisation.

(3) The MMO must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.

Procedure

20

Subject to the following provisions of this Schedule, the MMO may regulate—

(a) its own procedure (including quorum), and

(b) the procedure of any of its committees or sub-committees (including quorum).

Delegation of functions

21

(1) The MMO may authorise a committee, sub-committee, member or employee of the MMO to exercise any of the MMO's functions.

(2) The MMO must keep a record of any authorisations under sub-paragraph (1).

(3) Sub-paragraph (1) does not—

(a) prevent the MMO from exercising the function itself, or

(b) affect the power of the MMO to authorise an employee of the MMO to carry out functions of the MMO.

Membership of committees and sub-committees

22

(1) A committee or sub-committee may include persons who are not members of the MMO.

(2) The MMO may pay such remuneration and allowances as it may determine to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not a member of the MMO.

(3) The MMO may only make a determination under sub-paragraph (2) with the approval of the Secretary of State.

Validity of proceedings

23

The validity of anything done by the MMO, or by any committee or sub-committee of the MMO, is not affected by any of the following—

(a) any vacancy in the office of chair of the MMO or chair of the committee or sub-committee,

(b) any deficiency in the number of ordinary members or in the number of members of the committee or sub-committee,

(c) any defect in, or suspension of, any person's appointment as the chair or other member of the MMO or of the committee or sub-committee.

Application of seal and proof of documents

24

(1) The application of the MMO's seal must be authenticated by the signature of—

(a) a member who is authorised (generally or specially) for that purpose, or

(b) an employee of the MMO who is so authorised.

(2) A document purporting to be duly executed under the seal of the MMO is to be received in evidence and taken to be so executed, unless the contrary is shown.

Documents served etc by the MMO

25

(1) Any document which the MMO is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the MMO by any member or employee of the MMO who has been authorised for the purpose, whether generally or specially, by the MMO.

(2) Every document purporting—

(a) to be an instrument made or issued by or on behalf of the MMO, and

(b) to be signed by a person authorised by the MMO for the purpose,

is to be received in evidence and taken to be so made or issued, unless the contrary is shown.

Annual report

26

(1) For each financial year, the MMO must prepare an annual report on how it has discharged its functions during the year.

(2) The MMO must send the report to the Secretary of State as soon as possible after the end of the year to which it relates.

(3) The Secretary of State must lay a copy of the report before each House of Parliament.

(4) In this paragraph “financial year” means—

(a) the period that—

(i) begins with the day on which the MMO is established, and

(ii) ends with the next 31st March,

(b) each subsequent period of 12 months ending with 31st March.

Accounts and records

27

(1) The MMO must keep proper accounts and proper records in relation to the accounts.

(2) For each financial year, the MMO must prepare a statement of accounts in respect of that financial year.

(3) The statement must be in such form as the Secretary of State may direct.

(4) Within such period as the Secretary of State may direct, the MMO must send a copy of the statement to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General.

(5) In this paragraph “financial year” has the same meaning as in paragraph 26.

Audit

28

(1) This paragraph applies where, in pursuance of paragraph 27, the MMO has sent a copy of a statement of accounts to the Comptroller and Auditor General.

(2) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.

(3) The Secretary of State must lay before each House of Parliament a copy of the certified statement and of the report.

Duty to provide information to the Secretary of State

29

(1) The MMO must provide the Secretary of State with—

(a) copies of such returns or accounts, or

(b) such information,

as the Secretary of State may require.

(2) Sub-paragraph (1) applies only in relation to accounts, returns or information relating to—

(a) the MMO's property, or

(b) the discharge, or proposed discharge, of the MMO's functions.

(3) The MMO must also—

(a) permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the MMO, and

(b) provide such explanation of them as the Secretary of State or that person may require.

Schedule 2

Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 insert at the appropriate place—

The Marine Management Organisation.

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place—

The Marine Management Organisation.

House of Commons Disqualification Act 1975 (c. 24)

3

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—

The Marine Management Organisation.

Race Relations Act 1976 (c. 74)

4

In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) insert at the appropriate place under the heading “ Other Bodies, Etc. ”

The Marine Management Organisation.

Inheritance Tax Act 1984 (c. 51)

5

In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc) after the entry for the Countryside Council for Wales insert—

The Marine Management Organisation.

Freedom of Information Act 2000 (c. 36)

6

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) insert at the appropriate place—

The Marine Management Organisation.

Schedule 3

Introductory

1

In this Schedule—

“transferor” means the person from whom any property, rights or liabilities are transferred;

“transferee” means the person to whom any property, rights or liabilities are transferred.

The property, rights and liabilities that may be transferred

2

(1) A scheme may provide for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned.

(2) A scheme may provide for the transfer of any property, rights or liabilities to take effect regardless of any such—

(a) contravention,

(b) liability, or

as there would be (apart from this sub-paragraph) by reason of an inhibiting provision.

(3) For the purposes of sub-paragraph (2) an “inhibiting provision” is a provision having effect (whether under an enactment or an agreement or in any other way) in relation to the terms on which the transferor is entitled to the property or right, or is subject to the liability, that is the subject of the transfer.

Creation and apportionment of property, rights or liabilities

3

(1) A scheme may—

(a) create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b) create for the transferee interests in or rights over property retained by the transferor;

(2) In this Schedule, any reference—

(a) to the transfer of interests, rights or liabilities by virtue of a scheme, or

(b) to any interests, rights or liabilities transferred by virtue of a scheme,

includes a reference to the creation of interests, rights or liabilities, or to interests, rights or liabilities created, by virtue of sub-paragraph (1).

(3) A scheme may make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the transferee with respect to the subject matter of the scheme.

Vesting certificates

4

A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence of that fact for all purposes.

Employment contracts

5

(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2) The contract of employment—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if made between the employee and the transferee.

(3) The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4) Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5) This paragraph is subject to paragraph 6.

Employee expressing objection to transfer of contract of employment

6

(1) Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee objects to the transfer and informs the transferor or transferee of that objection.

(2) If the employee informs the transferor or transferee of an objection under sub-paragraph (1)—

(a) the employee's contract of employment is terminated immediately before the transfer date, but

(b) the employee is not to be treated, for any purpose, as having been dismissed by the transferor.

Right to terminate contract of employment for substantial detrimental change in conditions

7

Nothing in this Schedule affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in the person's working conditions.

Civil servants

8

(1) This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.

(2) In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a) the individual is to be treated as employed by virtue of a contract of employment,

(b) the terms of that employment are to be regarded as constituting the terms of that contract, and

(c) the reference in paragraph 6 to dismissal by the transferor is to be read as a reference to termination of that employment.

(3) In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of the individual's contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of the individual's employment in the civil service of the State.

Compensation

9

A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by the scheme.

Validity

10

A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Continuity

11

(1) Anything which—

(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and

(b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(2) There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a) which relates to anything transferred by virtue of a scheme, and

(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.

Documents

12

In any document which—

(a) relates to anything transferred by virtue of a scheme, and

(b) is in effect immediately before the transfer date,

any reference to the transferor is to be read as a reference to the transferee.

Remedies

13

As from the date on which a transfer takes effect—

(a) the transferee, and

(b) any other persons,

are to have the same rights, powers and remedies with regard to any right or liability transferred as if the right or liability had at all times been a right or liability of the transferee.

Interim arrangements

14

(1) A scheme may include provision requiring a transferor to make available to a transferee during any interim period any of the following—

(a) any designated premises or facilities occupied or used by the transferor;

(b) any designated officers or employees of the transferor.

(2) In this paragraph “interim period”, in the case of any transfer by virtue of a scheme, means a period—

(a) beginning with the day following the making of the scheme, and

(b) ending with the date on which the transfer takes effect.

Retrospective modification of schemes

15

(1) If, at any time after a scheme has come into force, the Secretary of State considers it appropriate to do so, the Secretary of State may direct that the scheme shall be taken to have come into force with such modifications as may be specified in the direction.

(2) A direction under this paragraph—

(a) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and

(b) in connection with giving effect to that provision from that time, may contain such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.

Incidental, consequential, supplemental or transitional provision or savings

16

A scheme may include such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.

Schedule 4

Part 1 — Exclusive economic zone

Continental Shelf Act 1964

1

(1) Section 8 of the Continental Shelf Act 1964 (c. 29) (application of the Submarine Telegraph Act 1885 (c. 49) to pipe-lines and submarine cables) is amended as follows.

(2) In subsection (1A) (submarine cables and pipe-lines under waters in an area designated under section 1(7) of the 1964 Act) for “section 1(7) of this Act” substitute “ section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone). ”.

Fishery Limits Act 1976

2

(1) Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is amended as follows.

(2) For subsection (1) substitute—

(1) Subject to the following provisions of this section, British fishery limits extend to the seaward limits of any area for the time being designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone).

(3) In consequence of the amendment made by sub-paragraph (2), subsections (3) and (4) of that section cease to have effect.

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Marine and Coastal Access Act 2009

Establishment and maintenance of the English coastal route etc

304

Liabilities

Restricting liabilities of Natural England and the Secretary of State

305

Occupiers’ liability

306

General

Isles of Scilly

307

The Crown

308

Interpretation of this Part

309

Wales

Powers of National Assembly for Wales

310

Part 10 — Miscellaneous

Natural England

Area in which functions of Natural England exercisable

311

Natural England not to be responder for Civil Contingencies Act 2004

312

Countryside Council for Wales

Area in which functions of Countryside Council for Wales exercisable

313

Works detrimental to navigation

Works detrimental to navigation

314

Harbours Act 1964

Amendments of the Harbours Act 1964

315

Part 11 — Supplementary provisions

Regulations and orders

316

Directions

317

Offences by directors, partners, etc

318

Disapplication of requirement for consent to certain prosecutions

319

Power to make transitional provisions and savings

320

Repeals

321

Interpretation

322

Extent

323

Commencement

324

Short title

325

Schedule 1

Status of the MMO

1

The chair of the MMO

2

Membership

3

The deputy chair of the MMO

4

Considerations in making appointments

5

Power to amend the numbers of members specified in paragraph 3(1)

6

Terms of appointment

7

Resignation from office

8

Suspension from, or termination of, office

9

Eligibility for re-appointment

10

Members’ remuneration and allowances

11

Pensions, allowances and gratuities

12

Compensation for loss of office