Marine and Coastal Access Act 2009

(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

• (c) in that subsection after “include” insert “ as respects Wales ”.

• (5) After that section insert—

(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

• (c) after subsection (6) insert—

(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,

• (c) belongs to the Duchy of Cornwall, or

• (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;

• (c) in the case of land which belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

• (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

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

Works detrimental to navigation

Works detrimental to navigation

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);

• (c) section 73;

• (d) section 93 or 95;

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

• (f) section 108;

• (g) section 141(5);

• (h) section 142;

• (i) section 232;

• (j) paragraph 6 of Schedule 1.

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

• (a) draft affirmative procedure, or

• (b) Commons draft affirmative procedure,

is subject to negative resolution procedure.

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

• (10) In this Act—

• “draft affirmative procedure” means—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.

Disapplication of requirement for consent to certain prosecutions

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;