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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

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

In paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of the Environment Agency to make byelaws for flood defence and drainage purposes) in sub-paragraph (4) for the words from “the operation of” to the end of that sub-paragraph substitute

the operation of— (a) any byelaw made by a navigation authority, harbour authority or conservancy authority; (b) any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England); (c) any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in Wales).

Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)

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Schedule 12

1

In this Schedule—

“the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69);

“the commencement date”, in relation to an area, means the date on which paragraph 2 of Schedule 11 comes into force in relation to that area.

2

(1) Any area which, immediately before the commencement date, is designated by an order under section 36 of the 1981 Act as a marine nature reserve is to be treated, on and after that date, as if it were a marine conservation zone designated by an order under section 116.

(2) The designation having effect by virtue of sub-paragraph (1) includes (in accordance with section 118(6)(b)) the area of land designated by the order under section 36, together with all of the water covering that land.

3

Any byelaw which, immediately before the commencement date, is in force under section 37 of the 1981 Act for the protection of any area designated as a marine nature reserve has effect, on and after that date, as if it were—

(a) in the case of an area in England, a byelaw made under section 129;

(b) in the case of an area in Wales, an order made under section 134.

4

Any provision of this Chapter which—

(a) confers any function on the MMO, and

(b) comes into force before the date on which section 1 of this Act comes into force,

has effect until that date as if it conferred that function on the Secretary of State.

Schedule 13

Part 1 — Introductory

1

In this Schedule “the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).

Part 2 — Sites of special scientific interest

Marine boundaries of sites of special scientific interest

2

(1) Section 28 of the 1981 Act (sites of special scientific interest) is amended as follows.

(2) In subsection (1)(a) after “the local planning authority” insert “ (if any) ”.

(3) After subsection (1) insert—

(1A) The reference in subsection (1) to land includes— (a) any land lying above mean low water mark; (b) any land covered by estuarial waters. (1B) Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if— (a) area B adjoins area A, and (b) any of the conditions in subsection (1C) is satisfied. (1C) The conditions are— (a) that the flora, fauna or features leading to the notification of area A is or are also present in area B; (b) that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B; (c) that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4) In subsection (2) for “that fact” substitute “ the fact mentioned in subsection (1) ”.

(5) In subsection (5) (confirmation of notification of SSSIs) after paragraph (b) insert—

In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).

(6) After subsection (6) (when notification ceases to have effect) insert—

(6A) Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).

(7) After subsection (9) insert—

(9A) For the purposes of this Part “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).

(8) No notification under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

3

In section 28A of the 1981 Act (variation of notification under section 28), in subsection (3)(a) after “the local planning authority” insert “ (if any) ”.

4

In section 52(1) of the 1981 Act (interpretation of Part 2), after the definition of “agricultural land” insert—

“estuarial waters” has the meaning given by section 28(9A);

Notification of additional land that is subtidal

5

(1) Section 28B of the 1981 Act (notification of additional land) is amended as follows.

(2) In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3) After subsection (2) insert—

(2A) The reference in subsection (1) to land includes— (a) any land lying above mean low water mark; (b) any land covered by estuarial waters. (2B) If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b). (2C) The conditions are— (a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b); (b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; (c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4) In subsection (3) for “such notification” substitute “ notification under subsection (2) ”.

(5) In subsection (7) (application of section 28(5) to (7) in relation to notifications under section 28B)—

(a) after “ “subsection (1)”” insert “ and “subsection (1B)” ;

(b) for “of this section” (in the second place where it occurs) substitute “ and subsection (2B) of this section respectively ”.

(6) No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates consists of or includes land lying below mean low water mark.

Enlargement of SSSI to include subtidal land

6

(1) Section 28C of the 1981 Act (enlargement of SSSI) is amended as follows.

(2) In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3) After subsection (2) insert—

(2A) The reference in subsection (1) to land includes— (a) any land lying above mean low water mark; (b) any land covered by estuarial waters. (2B) If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b). (2C) The conditions are— (a) that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b); (b) that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area; (c) that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(4) In subsection (3) (application of section 28(2) to (8) in relation to notifications under section 28C)—

(a) for “and “subsection (1)(b)”” substitute “ “ , “subsection (1)(b)” and “subsection (1B)” ”;

(b) for “and subsection (2)(b)” substitute “ , subsection (2)(b) and subsection (2B) ”.

(5) No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

Guidance in relation to subtidal notifications of SSSIs

7

After section 28C of the 1981 Act insert—

(28CA) (1) The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark. (2) In this section and section 28CB “the ministerial authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers.

Power to call in subtidal notifications of SSSIs

8

After section 28CA of the 1981 Act (inserted by paragraph 7) insert—

(28CB) (1) This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be). (2) Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority. (For the meaning of “the ministerial authority”, see section 28CA.) (3) At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land. (4) If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5). (5) The ministerial authority may direct— (a) that the notification (if confirmed) must include all of the subtidal land; (b) that the notification (if confirmed) must not include any of the subtidal land; (c) that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction; (d) that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England. (6) If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them. (7) The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of— (a) appearing before and being heard by a person appointed by the ministerial authority for that purpose; (b) providing written representations to such a person. (8) A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection. (9) The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7). (10) The power to make regulations under subsection (9) is exercisable by statutory instrument. (11) A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament. (12) A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Denotification of SSSI on designation of area as MCZ

9

(1) Section 28D of the 1981 Act (denotification) is amended as follows.

(2) In subsection (1) before “is not of special interest” insert “ (a) ” and after “mentioned in section 28(1),” insert “or

(b) should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,

(3) In subsection (2)(a)—

(a) after “the local planning authority” insert “ (if any) ”;

(b) for “the land which Natural England no longer consider to be of special interest” substitute “ the land mentioned in subsection (1) ”.

(4) In subsection (3) for “that fact” substitute “ the fact mentioned in subsection (1)(a) or (b) ”.

Part 3 — National nature reserves

Marine boundaries of national nature reserves

10

(1) In section 35 of the 1981 Act (national nature reserves) after subsection (1) insert—

(1A) The land which may be declared to be a national nature reserve in England or Wales includes— (a) any land lying above mean low water mark; (b) any land covered by estuarial waters. (1B) Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if— (a) area B adjoins area A, and (b) any of the conditions in subsection (1C) is satisfied. (1C) The conditions are— (a) that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B; (b) that the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B; (c) that, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable. (1D) The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark. “The ministerial authority” has the meaning given by section 35A(12).

(2) No declaration under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the declaration relates includes land lying below mean low water mark.

Power to call in subtidal declarations of national nature reserves

11

After section 35 of the 1981 Act insert—

(35A) (1) This section applies where— (a) the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and (b) the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”). (2) The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority. (3) At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land. (4) If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5). (5) The ministerial authority may direct— (a) that the reserve (if declared) must include all of the subtidal land; (b) that the reserve (if declared) must not include any of the subtidal land; (c) that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction; (d) that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body. (6) The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of— (a) appearing before and being heard by a person appointed by the ministerial authority for that purpose; (b) providing written representations to such a person. (7) A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection. (8) The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6). (9) The power to make regulations under subsection (8) is exercisable by statutory instrument. (10) A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12) In this section “the ministerial authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers.

Schedule 14

Coast Protection Act 1949 (c. 74)

1

The Coast Protection Act 1949 is amended as follows.

2

In section 2 (constitution of coast protection boards)—

(a) in subsection (2)(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”;

(b) in subsection (8)(a), after “(other than the Tweed Commissioners)” insert “ , inshore fisheries and conservation authority ”.

3

In section 45 (service of notices and other documents), in subsection (1)(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”.

4

In section 49(1) (interpretation) after the definition of “functions” insert—

“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;

5

In Part 1 of the First Schedule (general provisions concerning procedure for making orders, etc), in paragraph 1(b), after “fishery board,” insert “ inshore fisheries and conservation authority, ”.

Nuclear Installations Act 1965 (c. 57)

6

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Sea Fish (Conservation) Act 1967 (c. 84)

7

In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and other fishing gear), in subsection (7), before “or in any regulation made” insert “ or in any byelaw made under section 155 of the Marine and Coastal Access Act 2009, ”.

Prevention of Oil Pollution Act 1971 (c. 60)

8

In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after subsection (5) insert—

(5A) If an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009, or any inshore fisheries and conservation officer appointed by the authority under section 165 of that Act, is authorised in that behalf under subsection (1) of this section, the authority may institute proceedings for any offence under this Act committed within the district.

Local Government Act 1974 (c. 7)

9

In section 31A of the Local Government Act 1974 (consideration of adverse reports), in subsection (3)—

(a) after paragraph (a) insert—

(aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,

;

(b) after “that committee” insert “ , authority ”.

Fisheries Act 1981 (c. 29)

10

In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming: offences to which section 33(1) applies), after paragraph 17A (inserted by the Inshore Fishing (Scotland) Act 1984 (c. 26)) insert—

(17B) Any offence under section 163 of the Marine and Coastal Access Act 2009 (contravention of byelaws made by inshore fisheries and conservation authorities).

Wildlife and Countryside Act 1981 (c. 69)

11

In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of Part 1)—

(a) in paragraph (c) of the definition of “authorised person”, after “the Salmon Fisheries (Scotland) Act 1862” insert “ or an inshore fisheries and conservation authority ”;

(b) after the definition of “inland waters” insert—

“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;

Local Government and Housing Act 1989 (c. 42)

12

The Local Government and Housing Act 1989 is amended as follows.

13

(1) Section 5 (designation and reports of monitoring officer) is amended as follows.

(2) After subsection (3) insert—

(3A) The references in subsection (2) above, in relation to a relevant authority in England, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to— (a) any inshore fisheries and conservation authority (“IFC authority”) the members of which include persons who are members of the relevant authority, and (b) any sub-committee appointed by such an authority; but in relation to any such IFC authority or sub-committee the reference in subsection (3)(b) above to each member of the authority shall have effect as a reference to each member of the IFC authority or, as the case may be, of the IFC authority which appointed the sub-committee.

(3) In subsection (5), after “a relevant authority” insert “ and of any IFC authority falling within paragraph (a) of subsection (3A) above ”.

(4) In subsection (8), after the definition of “chief finance officer” insert—

“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;

14

In section 13 (voting rights of members of certain committees), in subsection (4), after paragraph (f) insert—

(fa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;

15

In paragraph 2(1) of Schedule 1 (political balance on local authority committees etc) after paragraph (bb) insert—

(bc) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;

Radioactive Substances Act 1993 (c. 12)

16

The Radioactive Substances Act 1993 is amended as follows.

17

In section 47(1) (general interpretation provisions), in the definition of “relevant water body”, after “sewerage undertaker” insert “ or an inshore fisheries and conservation authority ”.

18

In Schedule 3 (enactments to which section 40 applies), after paragraph 10 insert—

(10A) Section 155 of the Marine and Coastal Access Act 2009.

Freedom of Information Act 2000 (c. 36)

19

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government bodies which are public authorities), after paragraph 35A insert—

(35B) An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.

Natural Environment and Rural Communities Act 2006 (c. 16)

20

In Schedule 7 to the Natural Environment and Rural Communities Act 2006 (designated bodies), after paragraph 1 insert—

(1A) An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.

Schedule 15

Sea Fish (Conservation) Act 1967 (c. 84)

1

(1) Section 1 (size limits, etc for fish) is amended as follows.

(2) In subsection (4)—

(a) for “Different sizes” substitute “ Different requirements as to size ”;

(b) for “different sizes” substitute “ different requirements as to size ”.

(3) In subsection (5)—

(a) for “a size” substitute “ requirements as to size ”;

(b) for the words from “if the part” to the end substitute “ if the part does not meet the requirements as to size so prescribed. ”

(4) In subsection (8)—

(a) for “a relevant British fishing boat or a Scottish fishing boat” substitute “ a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat ”;

(b) for “foreign fishing boat” substitute “ foreign vessel ”.

2

(1) Section 3 (regulation of nets and other fishing gear) is amended as follows.

(2) In subsection (3)(c), after “classes of fishing boats,” insert “ or particular persons or persons of a particular description, ”.

(3) In subsection (7), after “carrying” (in each place where it occurs) insert “ or use ”.

3

(1) Section 5 (power to restrict fishing for sea fish) is amended as follows.

(2) In subsection (2), for the words after “different provision” substitute “ for different cases ”.

(3) In subsection (5), after “prohibition” insert “ or restriction ”.

(4) In subsection (6)—

(a) after “is made” insert “ by virtue of paragraph (a) of subsection (1) above ”;

(b) for “any fishing operations conducted” substitute “ fishing ”;

(c) for the words from “are taken” to “applies” substitute “ are caught by a person, or taken on board a fishing boat, in contravention of the prohibition ”.

(5) After subsection (6) insert—

(6A) A person who does not comply with subsection (6) above shall be guilty of an offence under that subsection.

4

In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “ subsection (4) ”.

Fisheries Act 1981 (c. 29)

5

(1) Schedule 4 (exemptions for fish farming) is amended as follows.

(2) In Part 1 (offences to which section 33(1) applies)—

(a) in paragraph 12, for “smaller than prescribed size” substitute “ which do not meet prescribed size requirements ”;

(b) in paragraph 13, after “section 3(5)” insert “ or (5A) ”;

(3) In Part 2 (offences to which section 33(5) applies), in paragraph 33—

(a) for “the Sea Fisheries (Conservation) Act 1967” substitute “ the Sea Fish (Conservation) Act 1967 ”;

(b) for “smaller than the prescribed size” substitute “ which do not meet prescribed size requirements ”.

Schedule 16

Salmon and Freshwater Fisheries Act 1975 (c. 51)

1

The Salmon and Freshwater Fisheries Act 1975 has effect subject to the amendments in paragraphs 2 to 17.

2

Section 3 (nets) is omitted.

3

(1) Section 5 (prohibition of use of explosives etc) is amended as follows.

(2) In subsection (1), for “subsection (2)” substitute “ subsections (2) and (2A) ”.

(3) In subsection (2)(b), at the end insert “ , for which the Agency may charge a fee ”.

(4) After subsection (2) insert—

(2A) Subsection (1) above shall not apply to anything done pursuant to an authorisation granted by the Agency under section 27A below.

4

Sections 6 to 8 (fixed engines, fishing weirs and fishing mill dams) are omitted.

5

Section 16 (boxes and cribs in weirs and dams) is omitted.

6

Section 17 (restrictions on taking salmon or trout above or below an obstruction or in mill races) is omitted.

7

In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17” substitute “ or 15 ”.

8

Sections 19 to 22 (close seasons etc) are omitted.

9

(1) Section 25 (licences to fish) is amended as follows.

(2) In subsection (2), for “an instrument” substitute “ the means of fishing ”.

(3) In subsection (3)—

(a) for “an instrument” substitute “ any means of fishing ”;

(b) for “the instrument” substitute “ that means of fishing ”.

10

(1) Section 26 (limitation of fishing licences) is amended as follows.

(2) In subsection (1), for “the Minister” substitute “ the appropriate national authority ”.

(3) In subsection (2)—

(a) for “the Minister” substitute “ the appropriate national authority ”;

(b) for “he” (in both places) substitute “ that authority ”;

(d) for “him” substitute “ that authority ”.

(4) In subsection (3)—

(a) for “The Minister” substitute “ The appropriate national authority ”;

(b) for “him” substitute “ that authority ”;

(5) In subsection (6)—

(a) for “The Minister” substitute “ The appropriate national authority ”;

(b) for “him” substitute “ that authority ”;

(6) In subsection (7)—

(a) for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

(b) for “the Minister”, in the second place, substitute “ that authority ”.

11

(1) Section 27 (unlicensed fishing) is amended as follows.

(2) The existing provision is renumbered as subsection (1).

(3) In that subsection, after “of any description” insert “ by any licensable means of fishing ”.

(4) In that subsection, for paragraphs (a) and (b) substitute—

(a) fishes for or takes fish of that description by that means and— (i) is not entitled to use that means for that purpose by virtue of a fishing licence, or (ii) is acting in breach of any condition of such a licence, or (b) where that licensable means of fishing is an instrument, has that instrument in his possession with intent to use it for that purpose and is not entitled to use it for that purpose by virtue of a fishing licence.

(5) After that subsection insert—

(2) Subsection (1) above does not apply to a person where— (a) he has permission under section 25(10) above to take fish of that description in that place by that means, and (b) he is not acting in breach of any condition of that permission.

12

In section 33 (orders and warrants to enter suspected premises), in subsection (2), for “or any salmon, trout, freshwater fish or eels to have been illegally taken” substitute “ or an offence against this Act to have been committed in the taking of any fish ”.

13

In section 34 (power to apprehend persons fishing illegally), for the words from “illegally takes or kills” to “by this Act” substitute “ takes or kills any fish where the taking or killing constitutes an offence under this Act, or is found on or near any waters with intent to take or kill any fish where the taking or killing would constitute an offence under this Act, or having an instrument prohibited by this Act in his possession for the capture of any fish, where the capture would constitute an offence under this Act ”.

14

(1) In section 41 (interpretation), subsection (1) is amended as follows.

(2) In the definition of “fixed engine”, in paragraph (d), for “salmon or trout” substitute “ fish ”.

(3) After the definition of “general licence” insert—

“historic installation” has the meaning given by section 25 above;

(4) After the definition of “inland water” insert—

“licensable means of fishing” has the meaning given by section 25 above;

15

Schedule 1 (close seasons and close times) is omitted.

16

(1) Schedule 2 (licences) is amended as follows.

(2) In paragraph 1(2), for “in special cases” substitute “ in such cases as it considers appropriate ”.

(3) In paragraph 2, for the words from “different instruments” to “different descriptions of fish” substitute “ different descriptions of licence ”.

(4) In paragraph 3, for “any instrument” substitute “ any licensable means of fishing ”.

(5) In paragraph 4—

(a) for “the Minister”, in the first place, substitute “ the appropriate national authority ”;

(b) for “the Minister”, in the second place, substitute “ that authority ”.

(6) In paragraph 5—

(a) for “The Minister” substitute “ The appropriate national authority ”;

(b) for “his” substitute “that authority's”;

(7) In paragraph 7—

(a) for “an instrument” substitute “ any licensable means of fishing ”;

(b) for “that instrument” substitute “ that means ”.

(8) In paragraph 9—

(a) in sub-paragraph (1)—

(i) for “an instrument of any description” substitute “ any licensable means of fishing ”;

(ii) for “with instruments of that description” substitute “ by that means ”;

(iii) for “an instrument of that description”, in the first place, substitute “ that means of fishing ”;

(iv) for “the instrument”, in the first place, substitute “ that means of fishing ”;

(v) in paragraph (b), for “an instrument of that description”, substitute “ that means of fishing ”;

(vi) in paragraph (c), for “the instrument” substitute “ that means of fishing ”;

(b) in sub-paragraph (2)—

(i) for “an instrument of any description” substitute “ any licensable means of fishing ”;

(ii) for “an instrument of that description” substitute “ that means of fishing ”;

(iii) for “the instrument”, in the first place, substitute “ that means of fishing ”;

(iv) in paragraph (c), for “the instrument” substitute “ that means of fishing ”.

(9) In paragraph 10, after “entered on” insert “ or removed from ”.

(10) In paragraph 13, for “the instrument”, in both places, substitute “ the means of fishing ”.

(11) In paragraph 15, for “the instrument” substitute “ the means of fishing ”.

(12) In paragraph 17, for “instrument” substitute “ other thing ”.

17

(1) Schedule 4 (offences) is amended as follows.

(2) In the table in paragraph 1(2), the entries relating to section 19(2), section 19(4), section 19(6), section 19(7) and section 21 are omitted.

(3) In that table, in the entry relating to section 27—

(a) in the second column—

(i) after “fishing for fish” insert “ by licensable means of fishing ”;

(ii) after “unlicensed” insert “ licensable ”;

(b) in the third column, in paragraph (a), for the words from “instrument” to “rod and line” substitute “ offence is one alleged to be committed by use or possession of rod and line (only) ”.

(4) In paragraph 1(3), for the words from “both” to the end substitute—

(a) both are engaged in committing— (i) an offence under section 1 above, other than one committed without any instrument, or (ii) an offence under section 27 above, other than one committed by means of a rod and line (only), or (b) one is aiding, abetting, counselling or procuring the commission of such an offence by the other.

(5) In paragraph 7, for “salmon, trout or freshwater fish” substitute “ fish ”.

(6) In paragraph 9—

(a) after “any fishing or general licence” insert “ or authorisation under section 27A above ”;

(b) after “a fishing or general licence” (in both places) insert “ or authorisation under section 27A above ”.

(7) In paragraph 10—

(a) after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

(b) after “the licence” (in every place) insert “ or authorisation under section 27A above ”.

(8) In paragraph 11—

(a) after “a fishing or general licence” insert “ or authorisation under section 27A above ”;

(b) after “a licence” insert “ or authorisation ”;

Fisheries Act 1981 (c. 29)

18

(1) In the Fisheries Act 1981, in Part 1 of Schedule 4 (offences to which section 33(1) of that Act applies), paragraph 6 is amended as follows.

(2) In paragraph (a), after “any fish” insert “ to which paragraph 6 of that Schedule applies ”.

(3) After paragraph (a) insert—

(aa) specifying close seasons or times for the taking of any fish to which that paragraph applies by such means as may be prescribed by the byelaws;

(4) In paragraph (b), for “trout or any freshwater fish of a size” substitute “ any fish to which that paragraph applies of a size greater or ”.

(5) In paragraph (c)—

(a) for “salmon, trout, or freshwater fish” substitute “ fish to which that paragraph applies ”;

(b) the words “(not being a fixed engine)” are omitted.

(6) In paragraph (d)—

(a) the words “(not being fixed engines)” are omitted;

(b) for “salmon, trout, freshwater fish and eels” substitute “ fish to which that paragraph applies ”.

(7) In paragraph (f)—

(a) for “salmon or trout” substitute “ fish to which that paragraph applies ”;

(b) for “which is not licensed” substitute “ which may not lawfully be used ”.

(8) In paragraph (g), for “the annual close season for salmon of a net capable of taking salmon” substitute “ any close season or time for any description of fish to which that paragraph applies of a net capable of taking fish of that description ”.

Salmon Act 1986 (c. 62)

19

In section 32 of the Salmon Act 1986 (handling salmon in suspicious circumstances), subsection (6)(a) is omitted.

Water Resources Act 1991 (c. 57)

20

The Water Resources Act 1991 has effect subject to the amendments in paragraphs 21 to 25.

21

In section 115 (fisheries orders), in subsection (1)—

(a) in paragraph (a), after “Salmon and Freshwater Fisheries Act 1975” insert “ (as amended by the Marine and Coastal Access Act 2009) ”;

(b) in paragraph (b), after “this Act” insert “ (as so amended) ”.

22

In section 116 (power to give effect to international obligations)—

(a) the existing provision is renumbered as subsection (1);

(b) after that subsection insert—

(2) In subsection (1), the reference to functions includes any functions conferred on the Agency by virtue of the Marine and Coastal Access Act 2009.

23

(1) Section 212 (compensation in respect of certain fisheries byelaws) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a)—

(i) for “salmon, trout, or freshwater fish” substitute “ any fish to which paragraph 6 of that Schedule applies ”;

(ii) the words “(not being a fixed engine)” are omitted;

(b) in paragraph (b)—

(i) the words “(not being fixed engines)” are omitted;

(ii) for “salmon, trout, freshwater fish and eels” substitute “ any such fish ”.

24

(1) In Schedule 25 (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.

(2) In sub-paragraph (2)—

(a) the words “Subject to paragraph 7(1) below” are omitted;

(b) in paragraph (a), after “any fish” insert “ to which this paragraph applies ”;

(i) in sub-paragraph (i), for “trout or any freshwater fish” substitute “ any fish to which this paragraph applies ”;

(ii) in sub-paragraph (ii), after “fish” insert “ to which this paragraph applies ”;

(d) in paragraph (c)—

(i) for “salmon, trout, or freshwater fish” substitute “ fish to which this paragraph applies ”;

(ii) the words “(not being a fixed engine)” are omitted;

(e) in paragraph (d)—

(i) the words “(not being fixed engines)” are omitted;

(ii) for “salmon, trout, freshwater fish and eels” substitute “ fish to which this paragraph applies ”;

(f) in paragraph (g), the word “licensed” is omitted;

(g) in paragraph (h)—

(i) for “salmon or trout” substitute “ fish to which this paragraph applies ”;

(ii) for “which is not licensed” substitute “ which may not lawfully be used ”;

(h) in paragraph (i), for “the annual close season for salmon of a net capable of taking salmon” substitute “ any close season or time for any description of fish to which this paragraph applies of a net capable of taking fish of that description ”.

(3) In sub-paragraph (5) for “salmon, trout, freshwater fish or eels” substitute “ fish to which this paragraph applies ”.

25

In that Schedule, paragraph 7 is omitted.

Environment Act 1995 (c. 25)

26

In section 13 of the Environment Act 1995 (regional and local fisheries advisory committees), in subsection (1)(a), for the words from “salmon fisheries” to “eel fisheries” substitute “ fisheries referred to in section 6(6) above ”.

Schedule 17

Introductory

1

(1) This Schedule has effect in relation to the issue to enforcement officers of warrants under section 249.

(2) An entry into a dwelling under such a warrant is unlawful unless it complies with the provisions of this Schedule.

Applications for warrants

2

(1) Where an enforcement officer applies for a warrant, the officer must—

(a) state the ground on which the application is made,

(b) state the enactment under which the warrant would be issued,

(d) identify, so far as is practicable, the purpose for which entry is desired.

(2) An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.

(3) The officer must answer on oath any question that the justice hearing the application asks the officer.

Safeguards in connection with power of entry conferred by warrant

3

A warrant authorises an entry on one occasion only.

4

(1) A warrant must specify—

(a) the name of the person who applies for it,

(b) the date on which it is issued,

(d) the dwelling to be entered.

(2) A warrant must identify, so far as is practicable, the purpose for which entry is desired.

5

(1) Two copies are to be made of a warrant.

(2) The copies must be clearly certified as copies.

Execution of warrants

6

(1) A warrant may be executed by any appropriate enforcement officer.

(2) In sub-paragraph (1) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who applied for the warrant, and includes a reference to that officer.

(3) In sub-paragraph (2) “relevant authority” means the person or body on whose behalf the officer who applied for the warrant was acting.

7

(1) A warrant may authorise persons to accompany any enforcement officer who is executing it.

(2) A person authorised under this paragraph has the same powers as the officer whom the person is accompanying in respect of the execution of the warrant, but may exercise those powers only in the company of, and under the supervision of, an enforcement officer.

8

(1) Execution of a warrant must be within three months from the date of its issue.

(2) Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the dwelling may be frustrated if the officer seeks to enter at a reasonable time.

9

(1) Where the occupier of a dwelling that is to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—

(a) the occupier must be told the officer's name;

(b) the officer must produce to the occupier documentary evidence of the fact that the officer is an enforcement officer;

(d) the officer must supply the occupier with a certified copy of it.

(2) Where—

(a) the occupier of a dwelling that is to be entered under a warrant is not present when an enforcement officer seeks to execute it, but

(b) some other person who appears to the officer to be in charge of the dwelling is present,

sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person.

(3) If there is no person present who appears to the enforcement officer to be in charge of the dwelling, the officer must leave a certified copy of the warrant in a prominent place in the dwelling.

Return of warrants

10

(1) A warrant which—

(a) has been executed, or

(b) has not been executed within the time authorised for its execution,

must be returned to the appropriate person.

(2) In sub-paragraph (1) the appropriate person is—

(a) in the case of a warrant issued by a justice of the peace in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;

(b) in the case of a warrant issued by a lay magistrate in Northern Ireland, the clerk of petty sessions ...;

(d) in the case of a warrant issued by a justice of the peace or stipendiary magistrate in Scotland, the clerk of the justice of the peace court.

(3) A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.

(4) If during that period the occupier of the dwelling to which the warrant relates asks to inspect it, the occupier must be allowed to do so.

Schedule 18

Application of Schedule

1

(1) This Schedule applies where—

(a) property seized by an enforcement officer in the exercise of any power conferred by this Act is in the possession of the relevant authority,

(b) the relevant authority is satisfied that there are reasonable grounds for believing that the property is forfeitable property, and

(i) no proceedings are being taken against any person in respect of the property, or

(ii) any such proceedings have concluded without any order for forfeiture having been made in respect of the property.

(2) The following property is “forfeitable property”—

(a) any item the use of which for sea fishing would in any circumstances constitute an offence under the law of England and Wales;

(b) any fish in respect of which, by virtue of the fish failing to meet requirements as to size, an offence under the law of England and Wales has been committed.

Notice of intended forfeiture

2

(1) The relevant authority must give notice of the intended forfeiture of the property (“notice of intended forfeiture”) to each of the following persons—

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

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

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

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

(2) The notice of intended forfeiture must set out—

(a) a description of the property,

(b) the grounds of the intended forfeiture, and

(3) In a case where—

(a) the property was seized following an inspection carried out in exercise of the power conferred by section 264, and

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

the reference in sub-paragraph (1) to a requirement to give notice of intended forfeiture to such a person is to be read as a reference to a requirement to take such steps as the authority thinks fit to bring the contents of the notice to the attention of persons likely to be interested in it.

(4) Property may be treated or condemned as forfeited under this Schedule only if—

(a) the requirements of this paragraph have been complied with in the case of the property, or

(b) it was not reasonably practicable for them to be complied with.

Notice of claim

3

A person claiming that the property is not liable to forfeiture must give written notice of the claim to the relevant authority.

4

(1) A notice of claim must be given—

(a) within one month of the day of the giving of the notice of intended forfeiture, or

(b) if no such notice has been given, within one month of the date of the seizure of the property.

(2) A notice of claim must specify—

(a) the name and address of the claimant, and

(b) in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service of process and to act on behalf of the claimant.

(3) Service of process upon a solicitor so specified is to be taken to be proper service upon the claimant.

(4) In a case in which notice of intended forfeiture was given to different persons on different days, the reference in this paragraph to the day on which that notice was given is a reference—

(a) in relation to a person to whom notice of intended forfeiture was given, to the day on which that notice was given to that person, and

(b) in relation to any other person, to the day on which notice of intended forfeiture was given to the last person to be given such a notice.

Automatic forfeiture in a case where no claim is made

5

The property is to be taken to have been duly condemned as forfeited if—

(a) by the end of the period for the giving of a notice of claim in respect of the property, no notice of claim has been given to the relevant authority, or

(b) a notice of claim has been given which does not comply with the requirements of paragraphs 3 and 4.

Decision whether to take court proceedings to condemn property as forfeited

6

(1) Where a notice of claim in respect of the property is duly given in accordance with paragraphs 3 and 4, the relevant authority must decide whether to take proceedings to ask the court to condemn the property as forfeited.

(2) The decision whether to take such proceedings must be taken as soon as reasonably practicable after the receipt of the notice of claim.

Return of property if no forfeiture proceedings

7

(1) If, in a case in which a notice of claim has been given, the relevant authority decides not to take proceedings for condemnation of the property, it must return the property to the person appearing to it to be the owner of the property, or, if there is more than one such person, to one of those persons.

(2) Any property required to be returned in accordance with sub-paragraph (1) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

Forfeiture proceedings

8

(1) This paragraph applies if, in a case in which a notice of claim has been given, the relevant authority decides to take proceedings for the condemnation of the property by the court.

(2) If the court is satisfied that the property is forfeitable property, it must condemn the property as forfeited.

(3) If the court is not satisfied that the property is forfeitable property, the court must order the return of the property to the person appearing to the court to be entitled to it or, if there is more than one such person, to one of those persons.

Supplementary provision about forfeiture proceedings

9

Proceedings by virtue of this Schedule are civil proceedings and may be instituted—

(a) in the High Court, or

(b) in any magistrates' court in England or Wales.

10

(1) In proceedings by virtue of this Schedule, the claimant or the claimant's solicitor must make an oath that, at the time of the seizure, the property was, or was to the best of that person's knowledge and belief, the property of the claimant.

(2) In proceedings by virtue of this Schedule instituted in the High Court—

(a) the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court, and

(b) the claimant must comply with such a requirement.

(3) If a requirement of this paragraph is not complied with, the court must give judgment for the relevant authority.

11

(1) In the case of proceedings by virtue of this Schedule instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.

(2) This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

12

Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings by virtue of this Schedule in relation to property, the property is to be left with the relevant authority pending the final determination of the matter.

Effect of forfeiture

13

Where property is treated or condemned as forfeited under this Schedule, the forfeiture is to be treated as having taken effect as from the time of the seizure.

Disposal of property which is not returned

14

(1) This paragraph applies where any property is required to be returned to a person under this Schedule.

(2) If the property is still in the relevant authority's possession after the end of the period of three months beginning with the day after the requirement to return it arose, the relevant authority may dispose of it in any manner it thinks fit.

(3) The relevant authority may exercise its power under this paragraph to dispose of property only if it is not practicable at the time when the power is exercised to dispose of the property by returning it immediately to the person to whom it is required to be returned.

Provisions as to proof

15

In proceedings under this Schedule, the fact, form and manner of the seizure of the property are to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

16

In any proceedings, the condemnation by a court of property as forfeited under this Schedule may be proved by the production of—

(a) the order or certificate of condemnation, or

(b) a certified copy of the order purporting to be signed by an officer of the court by which the order or certificate was made or granted.

Special provisions as to certain claimants

17

(1) This paragraph applies where, at the time of the seizure of the property, it was—

(a) the property of a body corporate,

(b) the property of two or more partners, or

(2) The oath required by paragraph 10, and any other thing required by this Schedule or by rules of court to be done by the owner of the property, may be sworn or done by—

(a) a person falling within sub-paragraph (3), or

(b) a person authorised to act on behalf of such a person.

(3) The persons are—

(a) where the owner is a body corporate, the secretary or some duly authorised officer of that body;

(b) where the owners are in partnership, any one or more of the owners;

(c) where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.

Power to destroy fish before condemnation, etc

18

(1) The relevant authority may destroy any fish liable to be treated or condemned as forfeited under this Schedule, even if such fish have not yet been so treated or condemned.

(2) If in proceedings under this Schedule the court is not satisfied that any fish destroyed under this paragraph were forfeitable property, the relevant authority must, if requested to do so, pay to the claimant a sum of money equal to the market value of the fish at the time of seizure.

(3) A claimant who accepts any sum of money paid under sub-paragraph (2) is not entitled to maintain any action on account of the seizure, detention or destruction of the fish.

(4) For the purposes of sub-paragraph (2), the market value of any fish at the time of seizure is to be taken to be such amount as the relevant authority and the claimant may agree or, in default of agreement, as may be determined by a referee appointed by the court.

(5) The procedure on any reference to a referee under sub-paragraph (4) is to be such as may be determined by the referee.

(6) The referee's decision is final and conclusive.

Saving for owner’s rights

19

Neither the imposition of a requirement by virtue of this Schedule to return property to a person nor the return of property to a person in accordance with such a requirement affects—

(a) the rights in relation to that property of any other person, or

(b) the right of any other person to enforce any rights against the person to whom it is returned.

Interpretation

20

In this Schedule—

“the court” is to be read in accordance with paragraph 9;

“forfeitable property” is to be read in accordance with paragraph 1(2).

Schedule 19

The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—

Schedule 20

Extension of Chapter 3 of Part 1 of the CROW Act

1

(1) Chapter 3 of Part 1 of the CROW Act (means of access) applies in relation to section 15 route land as it applies in relation to access land.

(2) Functions conferred by that Chapter which are exercisable in relation to any land by the access authority in relation to the land (including those exercisable by virtue of sub-paragraph (1)) are also exercisable in relation to the land by Natural England for the purposes of the coastal access duty.

(3) In this paragraph—

“access land” has the same meaning as in Chapter 3 of Part 1 of the CROW Act;

“section 15 route land” means land—over which the English coastal route (or any part of it) passes, andwhich, for the purposes of section 1(1) of the CROW Act, is treated by section 15(1) of that Act as being accessible to the public apart from that Act.

Agreements relating to establishment and maintenance of route

2

(1) Where, in respect of any land, it appears to Natural England that it is appropriate for works within sub-paragraph (3) to be carried out for the purposes of the coastal access duty, Natural England may enter into an agreement with the owner or occupier of the land as to the carrying out of the works.

(2) Where, in respect of any land, it appears to the access authority in relation to that land that it is appropriate for works within sub-paragraph (3) to be carried out for the purpose of assisting Natural England to discharge the coastal access duty, the access authority may enter into an agreement with the owner or occupier of the land as to the carrying out of the works.

(3) The works within this sub-paragraph are—

(a) the clearance or maintenance of land for the purpose of facilitating the use of the English coastal route by the public for journeys on foot;

(b) the removal, for that purpose, of any obstruction of the route;

(c) the clearance or maintenance of land which is coastal margin for the purpose of facilitating the exercise by the public of any right to enter or remain on the land on a bicycle or on horseback which is conferred by section 2(1) of the CROW Act (by virtue of the removal or relaxation of any of the general restrictions in Schedule 2 to that Act);

(d) the drainage or levelling of land, or the improvement of its surface, for the purpose mentioned in paragraph (a) or, if the land is coastal margin, the purpose mentioned in paragraph (c);

(e) the construction, removal, repair or improvement of any wall, rail, fence or other barrier or any posts, or the planting of any hedge.

(4) An agreement under this paragraph may provide—

(a) for the carrying out of works by the owner or occupier or by the contracting authority, and

(b) for the making of payments by the contracting authority as a contribution towards, or for the purpose of meeting, costs incurred by the owner or occupier in carrying out any works for which the agreement provides.

(5) Sub-paragraph (6) applies if the owner or occupier of any land fails to carry out within the required period any works which the owner or occupier is required by an agreement under this paragraph to carry out.

(6) The contracting authority may take all necessary steps for carrying out the works, but it may do so only after giving at least 21 days' notice of its intention to do so to the owner or occupier required by the agreement to carry out the works.

(7) Where the contracting authority carries out any works by virtue of sub-paragraph (6), the authority may recover the relevant expenses from the person by whom, under the agreement, the cost of carrying out the works (after deduction of the authority's contribution) would fall to be borne.

(8) In this paragraph—

“contracting authority” means—in relation to an agreement under sub-paragraph (1), Natural England, andin relation to an agreement under sub-paragraph (2), the access authority by which the agreement is made;

“relevant expenses”, in relation to works carried out under sub-paragraph (6) by a contracting authority, means the amount of any expenses reasonably incurred by the authority in carrying out the works, reduced by its contribution under the agreement;

“the required period” means—the period specified in, or determined in accordance with, the agreement as that within which the works must be carried out, orif there is no such period, a reasonable period.

Establishment and maintenance of route in absence of agreement

3

(1) This paragraph applies where—

(a) it appears to Natural England that, for the purposes of the coastal access duty, it is necessary for works within paragraph 2(3) to be carried out on any land, or

(b) it appears to the access authority in relation to any land that, for the purpose of Natural England discharging the coastal access duty, it is necessary for such works to be carried out on that land.

(2) In this paragraph—

“the relevant authority” means—in a case within sub-paragraph (1)(a), Natural England, andin a case within sub-paragraph (1)(b), the access authority in question;

“the required works” means the works within paragraph 2(3) which the relevant authority considers it necessary to carry out for the purposes mentioned in sub-paragraph (1)(a) or (b).

(3) If the relevant authority is satisfied that it is unable to conclude on reasonable terms an agreement under paragraph 2 with the owner or occupier of the land for the carrying out of the required works, it may give the owner or occupier a notice stating that, after the end of the specified period, it intends to take all necessary steps for carrying out the required works.

(4) The “specified period” means the period specified in the notice, being a period of not less than 21 days beginning with the day on which the notice is given.

(5) A notice under sub-paragraph (3) must contain particulars of the right of appeal conferred by paragraph 4.

(6) Where a notice under sub-paragraph (3) is given to any person as the owner or occupier, the relevant authority must give a copy of the notice to every other owner or occupier of the land.

(7) If, at the end of the period specified in the notice under sub-paragraph (3), any of the required works have not been carried out, the relevant authority may take all necessary steps for carrying out those works.

(8) The relevant authority exercising the power conferred by sub-paragraph (7) in respect of any land must have regard to the requirements of efficient management of the land in deciding how to carry out the required works.

Appeals relating to notices under paragraph 3

4

(1) Where a notice under paragraph 3(3) has been given to a person in respect of any land, that person or any other owner or occupier of the land may appeal against the notice to the Secretary of State.

(2) An appeal against a notice under paragraph 3(3) may be brought on any of the following grounds—

(a) that the notice requires the carrying out of any works which it is not necessary to carry out for the purposes of the coastal access duty;

(b) that any of the works have already been carried out;

(c) that the period specified in the notice as the period after which steps are to be taken to carry out the works is too short.

(3) On an appeal under this paragraph, the Secretary of State may—

(a) confirm the notice with or without modifications, or

(b) cancel the notice.

(4) Sections 7 and 8 of, and Schedule 3 to, the CROW Act have effect in relation to an appeal under this paragraph as they have effect in relation to an appeal under section 6 of that Act.

(5) Regulations may make provision as to—

(a) the period within which and manner in which appeals under this paragraph are to be brought,

(b) the advertising of such appeals, and

(6) Where an appeal has been brought under this paragraph against a notice under paragraph 3(3) given by Natural England or an access authority, it may not exercise its powers under paragraph 3(7) pending the determination or withdrawal of the appeal.

Power for Natural England to fund works

5

Natural England may meet or contribute towards expenditure incurred or to be incurred by any person in carrying out—

(a) works of a kind which could be the subject of an agreement under paragraph 2, and

(b) works of a kind which could be the subject of an agreement under section 35 of the CROW Act entered into by Natural England by virtue of paragraph 1.

Erection and maintenance of notices and signs

6

(1) Natural England may erect and maintain notices or signs within sub-paragraph (2) on—

(a) any land over which the English coastal route passes, and

(b) any other land which is within section 296(5)(a) (land which is accessible to the public by virtue of section 3A of the CROW Act).

(2) The notices or signs within this sub-paragraph are those which—

(a) identify, or provide information about, the English coastal route (or any part of it), or

(b) warn the public of the existence of obstacles or hazards along that route,

and any other notices or signs which relate to the English coastal route.

(3) Before erecting a notice or sign on any land under this paragraph, Natural England must, so far as reasonably practicable, consult the owner and (if different) the person in lawful occupation of the land.

(4) Natural England may meet or contribute towards expenditure incurred or to be incurred by any person in displaying notices or signs of a kind which may be erected under this paragraph.

(5) Natural England may, in relation to any land, delegate to the access authority in relation to the land any function conferred on Natural England by this paragraph.

(6) Nothing in this paragraph applies in relation to the English coastal route in so far as it passes along—

(a) a public right of way over which there are rights of way for mechanically propelled vehicles, or

(b) a footway comprised in a highway which also comprises a way within paragraph (a).

(7) For the purposes of sub-paragraph (6)—

“mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988 (c. 52);

“footway” has the same meaning as in section 329 of the Highways Act 1980 (c. 66).

7

In section 19 of the CROW Act (notices indicating boundaries of access land etc), after subsection (4) insert—

(5) In the case of access land that is coastal margin, the powers conferred on an access authority by this section are also exercisable by Natural England.

Removal of notices and signs

8

(1) Any notice or sign to which this paragraph applies may be removed by—

(a) Natural England, or

(b) where authorised to act on its behalf, the access authority in relation to the land on which the sign or notice is erected.

(2) This paragraph applies to—

(a) a notice or sign erected under paragraph 6, and

(b) a notice erected under section 19 of the CROW Act (notices indicating boundaries of access land, etc) in relation to land which is coastal margin.

(3) Before removing a notice or sign on any land under sub-paragraph (1), a person must, so far as reasonably practicable, consult the owner of the land and (if different) the person in lawful occupation of the land.

(4) Natural England may meet or contribute towards expenditure incurred or to be incurred by any person in removing notices or signs of a kind which may be erected under paragraph 6 or (in relation to land which is coastal margin) under section 19 of the CROW Act.

Powers of entry

9

(1) A person who is authorised by Natural England may enter any land—

(a) for the purpose of surveying that or any other land in connection with the preparation of a report under section 51 or 55 of the 1949 Act pursuant to the coastal access duty;

(b) in connection with the consideration of any representations made to Natural England in respect of a report submitted under section 51 of that Act pursuant to that duty;

(c) for the purpose of assisting Natural England to determine whether to exercise the power conferred by section 301(2) (including the power conferred by section 301(3)(b)) (decision to treat waters of river as part of the sea);

(d) for the purpose of assisting Natural England to provide the Secretary of State with advice in connection with the exercise of the Secretary of State's power under section 300(2)(b) (power to specify islands).

(2) A person who is authorised by Natural England or the appropriate access authority may enter any land—

(a) for the purpose of determining whether any works of the kind mentioned in paragraph 2(3) are required in respect of any land;

(b) for the purpose of carrying out works under—

(i) an agreement entered into pursuant to paragraph 2(4)(a), or

(ii) an agreement entered into pursuant to section 35(2)(a) of the CROW Act for the purposes of the coastal access duty;

(i) carrying out works under paragraph 2(6) or 3(7),

(ii) carrying out works under section 36(1) or (5) of the CROW Act in connection with an agreement entered into for the purposes of the coastal access duty, or

(iii) carrying out works under section 37(5) of that Act for the purposes of that duty;

(d) for the purpose of ascertaining whether members of the public are being permitted to exercise the rights conferred on them in relation to section 15 route land by or under an enactment mentioned in section 15(1) of the CROW Act;

(e) in connection with an appeal under paragraph 4;

(f) for the purpose of erecting, maintaining or removing notices or signs under paragraph 6 or 8 or, in relation to land which is coastal margin, under section 19 of the CROW Act.

(3) Subsections (5) to (7), (9) and (10) of section 40 of the CROW Act (powers of entry for the purposes of Part 1 of that Act) apply in relation to a person acting in the exercise of a power conferred by this paragraph, and the rights conferred by this paragraph, as they apply in relation to a person acting in the exercise of a power conferred by that section and the rights conferred by that section.

(4) Section 41 of that Act (compensation relating to powers under section 40) has effect as if the reference to section 40 of that Act included a reference to this paragraph.

(5) A person may not under this paragraph demand admission as of right to any occupied land, other than access land or land over which the English coastal route passes, unless—

(a) in a case where the power of entry is exercised for the purposes of carrying out works as mentioned in sub-paragraph (2)(b) or (c)—

(i) the works are to be carried out on the land and a notice has been given to the occupier of the land under paragraph 2(6) or 3(3) or under section 36(1) or (3) or 37(1) of the CROW Act in connection with the works, or

(ii) at least 7 days' notice of the intended entry has been given to the occupier;

(b) in any other case, at least 24 hours' notice of the intended entry has been given to the occupier or it is not reasonably practicable to give such notice.

(6) In this paragraph—

“access land” has the same meaning as in Chapter 3 of Part 1 of the CROW Act;

“appropriate access authority” means the access authority in relation to the land in respect of which the right of entry is being exercised;

“section 15 route land” means land—over which the English coastal route (or any part of it) passes, andwhich, for the purposes of section 1(1) of the CROW Act, is treated by section 15(1) of that Act as being accessible to the public apart from that Act.

Interpretation of Schedule

10

(1) In this Schedule—

“coastal margin” has the same meaning as in Part 1 of the CROW Act;

“owner” has the same meaning as in that Part.

(2) For the purposes of this Schedule—

(a) an official alternative route, in relation to the English coastal route, is to be regarded as part of the English coastal route,

(b) a temporary route which has effect by virtue of section 55I of the 1949 Act is to be treated as part of the English coastal route, and

(c) where by virtue of section 3A(6)(a) of the CROW Act any land is not yet accessible under section 2(1) of that Act, the references in this Schedule to the English coastal route include any route which would form part of the English coastal route if that land were so accessible.

(3) In sub-paragraph (2)(a) “official alternative route” has the meaning given by section 55J of the 1949 Act.

Schedule 21

1

The Harbours Act 1964 (c. 40) is amended as follows.

Provision that may be made by harbour empowerment order

2

(1) Section 16 (power to make harbour empowerment orders) is amended as follows.

(2) In subsection (6) after “any Act (including this Act)” insert “ and for repealing any statutory provision of local application affecting the area in relation to which the powers are intended to be exercised ”.

Delegation of certain functions under the Act

3

(1) After section 42 (accounts and reports) insert—

(42A) (1) The relevant authority may by order provide for such of the delegable functions as are designated in the order to be exercisable by such person as is designated in the order. (2) An authority may make an order under subsection (1) only with the consent of the person designated in it (“the delegate”). (3) The delegate— (a) must comply with the order, and (b) is to be taken to have all the powers necessary to do so. (4) For so long as an order under subsection (1) remains in force, the functions designated in the order— (a) are exercisable by the delegate acting on behalf of the authority, and (b) are not exercisable by the authority. This subsection is subject to subsections (5) and (6). (5) The delegate must obtain the consent of the relevant authority before exercising any function under— (a) section 15; (b) section 15A; (c) section 18. (6) Subsection (4)(b) does not apply to any function under— (a) section 15; (b) section 15A; (c) section 18. (7) If a function is, by virtue of an order under subsection (1), exercisable by a person, any reference in this Act to the relevant authority is to be read, so far as relating to that function or the exercise of it, as a reference to that person. (8) An order under subsection (1) may make different provision for different cases, different areas or different persons. (9) The delegable functions are functions under the following sections— (a) section 14 (making harbour revision orders, except as mentioned in paragraph (b) below); (b) section 15 (making harbour revision orders for limited purposes for securing harbour efficiency); (c) section 15A (making orders varying powers of appointment in the constitutions of harbour authorities); (d) section 16 (making harbour empowerment orders); (e) section 18 (confirming or making harbour reorganisation schemes); (f) section 60 (making orders amending Acts of local application). (10) In this section “the relevant authority”, in relation to any delegable function, means the authority by whom (apart from any order under subsection (1)) the function is exercisable. (42B) (1) This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 42A by a relevant authority. (2) The authority may from time to time give directions to the person with respect to the performance of the functions. (3) A person to whom directions are given under this section must comply with the directions. (4) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.

(2) In section 54 (orders and regulations) after subsection (2) insert—

(3) Subsection (4) applies to any statutory instrument containing— (a) an order made under section 42A by a relevant authority in relation to a delegable function, or (b) an order made by any person, by virtue of an order under that section, in the exercise of a delegable function under section 14, 15, 16 or 18. (4) A statutory instrument to which this subsection applies— (a) if the relevant authority in relation to the delegable function is the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; (b) if the relevant authority in relation to the delegable function is the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

4

After section 42B (inserted by paragraph 3(1)) insert—

(42C) (1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing— (a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to Wales; (b) any instrument made under that Act by the Welsh Ministers; (c) any statutory provision of local application made by the Welsh Ministers. (2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Welsh Ministers. (3) The Secretary of State must notify the Welsh Ministers of any intention to make an order or scheme to which this section applies. (4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Welsh Ministers refuse their consent to the inclusion of that provision in the order or scheme. (5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section. (42D) (1) This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing— (a) any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England; (b) any instrument made under that Act by the Secretary of State; (c) any statutory provision of local application made by the Secretary of State. (2) This section also applies to any harbour reorganisation scheme which makes provision repealing or amending any statutory provision of local application made by the Secretary of State. (3) The Welsh Ministers must notify the Secretary of State of any intention to make an order or scheme to which this section applies. (4) The order or scheme must not include any provision falling within subsection (1) or, as the case may be, (2) if, within the prescribed period beginning with the date of the notification under subsection (3), the Secretary of State refuses consent to the inclusion of that provision in the order or scheme. (5) In this section “prescribed period” means such period as is prescribed in an order made by the Secretary of State for the purposes of this section.

Procedure for dealing with applications for harbour orders

5

(1) In Schedule 3 (procedure for making harbour revision and empowerment orders), paragraph 18 (which provides for the holding of an inquiry or public hearing when an objection is made) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) This paragraph applies if an objection to the application was made to the appropriate authority and has not been withdrawn. (1A) This paragraph does not apply if— (a) the appropriate authority decides that the application is not to proceed further, (b) the appropriate authority considers that the objection is frivolous or trivial, (c) the objection does not specify the grounds on which it is made, or (d) the objection was not made within the period allowed for making it. (1B) Before deciding the application under paragraph 19, the appropriate authority may— (a) cause an inquiry to be held, or (b) give to the person who made the objection an opportunity of appearing before, and being heard by, a person appointed by the appropriate authority. (1C) If the objection— (a) was made by the Welsh Ministers to the Secretary of State, and (b) is not an objection regarding compulsory acquisition of a parcel of land, the Secretary of State must cause an inquiry to be held under sub-paragraph (1B)(a). (1D) If, in a case where sub-paragraph (1C) does not apply,— (a) the objection was made by a person within sub-paragraph (1E), and (b) that person makes a request in writing to the appropriate authority that the objection be referred to an inquiry or dealt with in accordance with sub-paragraph (1B)(b), the appropriate authority must either cause an inquiry to be held under sub-paragraph (1B)(a) or cause the objection to be dealt with in accordance with sub-paragraph (1B)(b), as the appropriate authority may determine. (1E) The persons within this sub-paragraph are— (a) in the case of an application to the Secretary of State, the Welsh Ministers; (b) any local authority for an area in which the harbour (or any part of it) is situated; (c) the relevant conservation body; (d) if the order will authorise the compulsory acquisition of land, any person who is entitled to be served with notice under paragraph 11.

(3) In sub-paragraph (2)—

(a) for “sub-paragraph (1)(a)” substitute “ sub-paragraph (1B)(b) ”,

(b) for “Secretary of State” substitute “ appropriate authority ”, and

(4) In sub-paragraph (3)—

(a) for “Secretary of State” substitute “ appropriate authority ”,

(b) omit paragraph (a), and

(5) After sub-paragraph (3) insert—

(4) In this paragraph— - “the appropriate authority” means— 1. in a case where the application was made to the Secretary of State, the Secretary of State; 2. in a case where the application was made to the Welsh Ministers, the Welsh Ministers; - “local authority” means— 1. in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council, and 2. in Wales, a county council, a county borough council and a community council; - “the relevant conservation body” means— 1. if the harbour (or any part of it) is situated in England, Natural England, and 2. if the harbour (or any part of it) is situated in Wales, the Countryside Council for Wales.

Procedure where harbour revision orders are made otherwise than on application

6

(1) For paragraph 28 of Schedule 3 (inquiry to be held in most cases where an objection is made) substitute—

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