Legalize / United Kingdom / Public General Act

Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Extent

323

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

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

(a) Part 1 (the MMO);

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

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

(e) Part 9 (coastal access);

(f) in Part 10—

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

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

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

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

(3) Subject to subsection (2)—

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

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

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

(a) Part 1 (the MMO);

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

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

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

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

(g) in Part 7 (fisheries)—

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

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

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

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

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

(a) Part 1 (the MMO);

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

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

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

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

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

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

(7) Her Majesty may by Order in Council—

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

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

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

(a) the Bailiwick of Jersey;

(b) the Falkland Islands;

(d) St Helena and Dependencies.

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

(10) The amendments made by—

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

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

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

Commencement

324

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

(a) in Part 3 (marine planning)—

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

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

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

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

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

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

(a) Part 3 (marine planning);

(b) in Part 5—

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

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

(d) Part 9 (coastal access).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Short title

325

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

Schedule 1

Status of the MMO

1

(1) The MMO is a body corporate.

(2) The MMO is not to be regarded—

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

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

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

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

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

(a) servants or agents of the Crown, or

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

The chair of the MMO

2

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

Membership

3

(1) The members of the MMO are to be—

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

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

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

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

The deputy chair of the MMO

4

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

Considerations in making appointments

5

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

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

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

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

6

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

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

Terms of appointment

7

(1) A person appointed as—

(a) the chair of the MMO, or

(b) an ordinary member,

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

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

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

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

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

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

Resignation from office

8

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

(a) the chair of the MMO,

(b) the deputy chair, or

Suspension from, or termination of, office

9

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

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

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

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

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

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

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

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

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

Eligibility for re-appointment

10

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

(a) chair of the MMO,

(b) deputy chair,

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

Members’ remuneration and allowances

11

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

Pensions, allowances and gratuities

12

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

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

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

Compensation for loss of office

13

If—

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

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

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

Chief executive

14

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

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

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

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

Chief scientific adviser

15

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

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

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

Other staff

16

(1) The MMO may appoint other employees.

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

Staff remuneration and allowances

17

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

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

Staff pensions etc

18

(1) The MMO may—

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

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

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

Staff superannuation

19

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

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

Marine Management Organisation.

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

Procedure

20

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

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

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

Delegation of functions

21

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

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

(3) Sub-paragraph (1) does not—

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

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

Membership of committees and sub-committees

22

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

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

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

(b) is not a member of the MMO.

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

Validity of proceedings

23

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

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

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

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

Application of seal and proof of documents

24

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

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

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

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

Documents served etc by the MMO

25

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

(2) Every document purporting—

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

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

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

Annual report

26

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

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

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

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

(a) the period that—

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

(ii) ends with the next 31st March,

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

Accounts and records

27

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

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

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

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

(a) the Secretary of State, and

(b) the Comptroller and Auditor General.

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

Audit

28

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

(2) The Comptroller and Auditor General must—

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

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

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

Duty to provide information to the Secretary of State

29

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

(a) copies of such returns or accounts, or

(b) such information,

as the Secretary of State may require.

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

(a) the MMO's property, or

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

(3) The MMO must also—

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

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

Schedule 2

Public Records Act 1958 (c. 51)

1

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

The Marine Management Organisation.

Parliamentary Commissioner Act 1967 (c. 13)

2

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

The Marine Management Organisation.

House of Commons Disqualification Act 1975 (c. 24)

3

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

The Marine Management Organisation.

Race Relations Act 1976 (c. 74)

4

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

The Marine Management Organisation.

Inheritance Tax Act 1984 (c. 51)

5

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

The Marine Management Organisation.

Freedom of Information Act 2000 (c. 36)

6

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

The Marine Management Organisation.

Schedule 3

Introductory

1

In this Schedule—

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

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

The property, rights and liabilities that may be transferred

2

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

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

(a) contravention,

(b) liability, or

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

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

Creation and apportionment of property, rights or liabilities

3

(1) A scheme may—

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

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

(2) In this Schedule, any reference—

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

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

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

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

Vesting certificates

4

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

Employment contracts

5

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

(2) The contract of employment—

(a) is not terminated by the transfer, and

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

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

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

(5) This paragraph is subject to paragraph 6.

Employee expressing objection to transfer of contract of employment

6

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

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

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

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

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

7

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

Civil servants

8

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

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

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

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

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

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

Compensation

9

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

Validity

10

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

Continuity

11

(1) Anything which—

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

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

is to be treated as done by the transferee.

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

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

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

Documents

12

In any document which—

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

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

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

Remedies

13

As from the date on which a transfer takes effect—

(a) the transferee, and

(b) any other persons,

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

Interim arrangements

14

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

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

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

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

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

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

Retrospective modification of schemes

15

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

(2) A direction under this paragraph—

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

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

Incidental, consequential, supplemental or transitional provision or savings

16

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

Schedule 4

Part 1 — Exclusive economic zone

Continental Shelf Act 1964

1

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

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

Fishery Limits Act 1976

2

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

(2) For subsection (1) substitute—

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

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

(4) Her Majesty may by Order in Council repeal, substitute or amend section 1 of the Fishery Limits Act 1976 (British fishery limits), in so far as it extends to the Channel Islands or the Isle of Man, to make appropriate provision in consequence of the creation of the exclusive economic zone.

(5) An Order in Council under sub-paragraph (4) may—

(a) make incidental, consequential, supplementary or transitional provision or savings;

(b) make different provision for different cases.

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996

3

(1) Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282) (provision that may be made by regulations) is amended as follows.

(2) In paragraph (2)(g) (power to specify areas of sea in which jurisdiction and rights of the United Kingdom are exercisable) for “above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964” substitute “ within any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone) ”.

(3) After paragraph (2)(g), insert—

(h) varying the area within which areas may for the time being be specified under paragraph (g) to such area as may be specified or described in the regulations.

(4) The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation.

Energy Act 2004

4

(1) Section 84 of the Energy Act 2004 (c. 20) (exploitation of areas outside the territorial sea for energy production) is amended as follows.

(2) For subsection (4) substitute—

(4) The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)— (a) is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but (b) if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.

Energy Act 2008

5

(1) The Energy Act 2008 (c. 32) is amended as follows.

(2) In section 1 (exploitation of areas outside the territorial sea for gas importation and storage), for subsection (5) substitute—

(5) The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)— (a) is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but (b) if Her Majesty by Order in Council declares that the Gas Importation and Storage Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.

(3) In section 35 (interpretation of Chapter 3), in subsection (1), for the definition of “Gas Importation and Storage Zone” substitute—

“ “Gas Importation and Storage Zone” is to be read in accordance with section 1(5);”.

Part 2 — Welsh zone

Government of Wales Act 2006

6

(1) The Government of Wales Act 2006 (c. 32) is amended as follows.

(2) In section 37(2) (power of Assembly to call for witnesses and documents) after “Wales” insert “ or the Welsh zone ”.

(3) In section 58 (transfer of Ministerial functions)—

(a) in subsection (1)(a), after “Wales” insert “ or the Welsh zone ”,

(b) in subsection (1)(c), after “Wales” insert “ or the Welsh zone ”, and

(1A) An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health. (1B) Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).

(4) In section 59 (implementation of EU law)—

(a) in subsection (4)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”, and

(b) in subsection (7)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”.

(5) In section 80(2)(b) (EU law) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(6) In section 82(5)(b) (international obligations) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(7) In section 155(1)(b) (functions exercisable in relation to Wales) after “Wales” insert “ or the Welsh zone ”.

(8) In section 159 (index of defined expressions), insert at the appropriate place—

“Welsh zone”	section 158(1), (3) and (4)

Schedule 5

Introductory

1

Before any policy authorities publish a relevant document, they must comply with the requirements imposed by the following provisions of this Schedule.

Interpretation

2

(1) In this Schedule—

“consultation draft” is to be read in accordance with paragraph 8;

“the final text” means that draft of the relevant document which is adopted by the relevant authorities and published by them under paragraph 12 as the relevant document;

“the relevant authorities” means the policy authorities that publish the relevant document;

“relevant document” means—an MPS, oramendments of an MPS;

“SPP” means a statement of public participation under paragraph 4.

(2) In this Schedule—

(a) any reference to each, some or any of the relevant authorities is a reference to those authorities separately,

(b) any other reference to the relevant authorities is a reference to those authorities acting jointly.

Consultation in Northern Ireland

3

(1) If one of the relevant authorities is the Department of the Environment in Northern Ireland, that Department must consult the other relevant Northern Ireland departments—

(a) during the preparation of the consultation draft, and

(b) during the settling of the final text.

(2) For the purposes of this paragraph, the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participation

4

(1) The relevant authorities must prepare and publish a statement of public participation (an “SPP”).

(2) An SPP is a statement of the policies settled by the relevant authorities for or in connection with the involvement of interested persons in the preparation of the relevant document.

(3) The relevant authorities must publish the SPP in a way calculated to bring it to the attention of interested persons.

(4) In this paragraph “interested persons” means—

(a) any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b) members of the general public.

(5) Each of the relevant authorities must take all reasonable steps to comply with the SPP.

Further provision about the content of an SPP

5

(1) An SPP must include a proposed timetable.

(2) The proposed timetable must include such provision as the relevant authorities consider reasonable for each of the following—

(a) the preparation and publication of a consultation draft under paragraph 8 (including the carrying out of the sustainability appraisal under paragraph 7);

(b) the making of representations about the consultation draft;

(d) the adoption and publication of the relevant document.

(3) An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4) An SPP must include provision about the making of representations under paragraph 9 about the consultation draft, including provision about—

(a) the manner in which representations may be made;

(b) the time within which representations must be made.

(5) An SPP must state the period which it is proposed will be allocated for legislative scrutiny of the consultation draft under paragraph 10 (resolution or recommendations by appropriate legislative body or committee).

Review and revision of an SPP

6

(1) The relevant authorities must keep the SPP under review.

(2) If at any time the relevant authorities consider it necessary or expedient to revise the SPP, they must do so.

(3) Where the relevant authorities revise the SPP, they must publish it as revised.

(4) Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Sustainability appraisal

7

(1) The relevant authorities must carry out an appraisal of the sustainability of their proposals for inclusion in the relevant document.

(2) The relevant authorities may proceed with those proposals only if they consider that the results of the appraisal indicate that it is appropriate to do so.

(3) The relevant authorities must publish a report of the results of the appraisal.

(4) The report is to be published when the relevant authorities publish the consultation draft under paragraph 8.

Preparation and publication of a consultation draft

8

(1) The relevant authorities must prepare and publish a draft of the proposed relevant document (the “consultation draft”).

(2) The relevant authorities must publish the consultation draft in such manner as they consider appropriate.

(3) They must also take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(4) In sub-paragraph (3) “interested persons” means—

(a) any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b) members of the general public.

Representations about the consultation draft

9

(1) Any person may make representations about the consultation draft.

(2) Any such representations are to be made in accordance with the SPP.

(3) If any representations are made about the consultation draft, the relevant authorities must consider them in the course of settling the final text.

The appropriate legislative procedure

10

(1) A policy authority must not adopt the final text unless it has complied with the requirements of this paragraph.

(2) The policy authority must lay a copy of the consultation draft before the appropriate legislature.

(3) The appropriate legislature is—

(a) in the case of the Secretary of State, Parliament;

(b) in the case of the Scottish Ministers, the Scottish Parliament;

(d) in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.

(4) If during the period allocated to it for legislative scrutiny of the consultation draft—

(a) an appropriate legislative body makes a resolution with regard to the consultation draft, or

(b) an appropriate legislative committee makes recommendations with regard to the consultation draft,

sub-paragraph (5) applies.

(5) The policy authority must lay before the appropriate legislature a statement setting out the policy authority's response to the resolution or recommendations.

(6) The period allocated to an appropriate legislative body or appropriate legislative committee for legislative scrutiny of the consultation draft is such period as the policy authority may specify.

(7) The policy authority must specify the period allocated for legislative scrutiny of the consultation draft on or before the day on which a copy of that draft is laid before the appropriate legislature under sub-paragraph (2).

(8) In this paragraph—

“appropriate legislative body” means—in the case of the Secretary of State, either House of Parliament;in the case of any other policy authority, the appropriate legislature;

“appropriate legislative committee” means—in the case of the Secretary of State, a committee of either House of Parliament;in the case of any other policy authority, a committee of the appropriate legislature.

Differences between the consultation draft and the final text

11

(1) This paragraph applies if there are any differences between—

(a) the proposed policies, statements and information contained in the consultation draft, and

(b) the policies, statements and information contained in the final text.

(2) When the relevant authorities publish the relevant document, they must also publish—

(a) a summary of the differences, and

(b) a statement of the reasons for them.

Adoption and publication of the relevant document

12

(1) A policy authority adopts the final text by—

(a) deciding that the final text is to be published as the relevant document, and

(b) giving notice of that decision to each of the other policy authorities.

(2) The relevant document is to be published by the relevant authorities, acting jointly, as soon as reasonably practicable after the final text has been adopted by each of them.

(3) If the final text has been adopted by one or more, but not all, of the policy authorities, the authorities that have not adopted the final text must be allowed a reasonable period in which to do so before the relevant document is published.

Validity of document where policy authority participates in preparation but does not adopt

13

(1) If any policy authority—

(a) participates to any extent in the preparation of a relevant document, but

(b) does not adopt the final text,

sub-paragraph (2) applies.

(2) The participation of the policy authority in the preparation of the relevant document does not affect the validity of—

(a) the relevant document, or

(b) the adoption of that document by any of the other policy authorities.

Schedule 6

1

(1) A marine plan authority which decides to prepare a marine plan for a marine plan area must, before beginning to prepare the plan, give notice of its intention to do so to each of the related planning authorities.

(2) The “related planning authorities” are—

(a) the Secretary of State (unless the Secretary of State is the marine plan authority);

(b) any marine plan authority whose marine planning region adjoins or is adjacent to the marine plan area;

(d) any local planning authority whose area adjoins or is adjacent to the marine plan area;

(da) any minerals and waste planning authority whose relevant area adjoins or is adjacent to the marine plan area;

(e) any responsible regional authorities whose region adjoins or is adjacent to the marine plan area.

(f) any corporate joint committee whose area adjoins or is adjacent to the marine planning area.

(3) In this paragraph—

“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

“local planning authority” means an authority which is—a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (see section 15LF of that Act),a local planning authority for the purposes of Part 6 of the Planning and Compulsory Purchase Act 2004 (see section 78 of that Act), ora planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 1 of that Act);

“minerals and waste planning authority” means an authority which is a minerals and waste planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (see section 15LG of that Act) and “relevant area” has the meaning given by that section.

“responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).

Secretary of State to be kept informed of authority’s intentions as to certain matters

2

(1) This paragraph applies in any case where a marine plan authority gives notice to the Secretary of State under paragraph 1(2)(a).

(2) The notice must state whether the marine plan authority proposes to include in the plan provision relating to retained functions (see sections 59 and 60).

(3) The notice must state whether the marine plan authority proposes so to prepare the marine plan that it will not be in conformity with any MPS which governs marine planning for the marine plan area.

(4) The marine plan authority must keep the Secretary of State informed (by giving further notices) of any changes that may from time to time occur in its intentions with respect to any of the matters mentioned in sub-paragraph (2) or (3).

Marine plans to be compatible with certain other marine plans and Planning Act plans

3

(1) In preparing or amending a marine plan for a marine plan area in its region, a marine plan authority must take all reasonable steps to secure that the plan is compatible with the marine plan for any marine plan area (whether or not within its marine planning region) which is related to that area.

(2) The marine plan authority for—

(a) the English inshore region, or

(b) the Welsh inshore region,

must also take all reasonable steps to secure that any marine plan for a marine plan area in its marine planning region is compatible with the development plan for any area in England, Wales or Scotland which is related to the marine plan area.

(3) For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—

(a) the one area adjoins or is adjacent to the other;

(b) the one area lies wholly or partly within the other;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this paragraph—

“development plan”—in the case of an area in England or Wales, is to be read in accordance with section 38(2A) to (4) of the Planning and Compulsory Purchase Act 2004 (c. 5);in the case of an area in Scotland, is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997 (c. 8);

Consultation in Northern Ireland

4

(1) In the case of a marine plan for a marine plan area in the Northern Ireland offshore region, the marine plan authority must consult the relevant Northern Ireland departments—

(a) during the preparation of the consultation draft under paragraph 11, and

(b) during the settling of the text of the plan for adoption and publication under paragraph 15.

(2) For the purposes of this paragraph the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participation

5

(1) Before preparing a marine plan for any marine plan area, a marine plan authority must prepare and publish a statement of public participation (an “SPP”).

(2) An SPP is a statement of the policies settled by the marine plan authority for or in connection with the involvement of interested persons in the preparation of the proposed marine plan.

(3) An SPP must identify (by means of a map or otherwise) the area for which the marine plan is being prepared.

(4) If the marine plan authority proposes to include provision relating to retained functions, the SPP—

(a) must state that that is the case, and

(b) may be published only with the agreement of the Secretary of State.

(5) An SPP must invite the making of representations in accordance with the SPP as to matters to be included in the proposed marine plan.

(6) The marine plan authority must publish the SPP in a way calculated to bring it to the attention of interested persons.

(7) The marine plan authority must take all reasonable steps to comply with the SPP.

(8) In this paragraph “interested persons” means—

(a) any persons appearing to the marine plan authority to be likely to be interested in, or affected by, policies proposed to be included in the marine plan, and

(b) members of the general public.

Further provision about the content of an SPP

6

(1) An SPP must include a proposed timetable.

(2) The proposed timetable must include such provision as the marine plan authority considers reasonable for each of the following—

(a) the preparation and publication of the consultation draft under paragraph 11 (including the carrying out of the sustainability appraisal under paragraph 10);

(b) the making of representations about the consultation draft;

(c) the consideration of representations under paragraph 12 and the settling of the text of the marine plan for adoption and publication under paragraph 15;

(d) the adoption and publication of the marine plan under that paragraph.

(3) An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4) An SPP must include provision about the making of—

(a) representations, in response to the invitation issued under paragraph 5(5), about the matters to be included in the proposed marine plan, and

(b) representations under paragraph 12 about the consultation draft.

(5) The provision to be made under sub-paragraph (4) includes provision about—

(a) the manner in which representations may be made, and

(b) the time within which representations must be made.

Review and revision of the SPP

7

(1) The marine plan authority must keep the SPP under review.

(2) If at any time the marine plan authority considers it necessary or expedient to revise the SPP, it must do so.

(3) The marine plan authority must revise the SPP if—

(a) it proposes to include in the marine plan provision relating to retained functions, and

(b) the SPP does not already include a statement that that is the case.

(4) Where the marine plan authority revises the SPP, it must publish the SPP as revised.

(5) In any case where the SPP is required to be revised by virtue of sub-paragraph (3), the revised SPP may be published only with the agreement of the Secretary of State.

(6) Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Advice and assistance

8

(1) In connection with the preparation of a marine plan, or of any proposals for a marine plan, the marine plan authority may seek advice or assistance from any body or person in relation to any matter in which that body or person has particular expertise.

(2) The steps that a marine plan authority may take for the purpose of facilitating the involvement of interested persons in—

(a) the development of proposals for inclusion in a proposed marine plan, or

(b) consultation in connection with such proposals,

include the convening of groups of persons for such purposes, and in such manner, as the marine plan authority considers appropriate.

(3) In this paragraph “interested persons” has the same meaning as in paragraph 5.

Matters to which a marine plan authority is to have regard in preparing a marine plan

9

(1) The matters to which a marine plan authority is to have regard in preparing a marine plan include each of the matters in sub-paragraph (2).

(2) Those matters are—

(a) the requirement under section 51(6) for a marine plan to be in conformity with any MPS which governs marine planning for the marine plan area, unless relevant considerations indicate otherwise,

(b) the duties imposed by paragraph 3(1) and (2) with respect to securing compatibility with marine plans or development plans for areas which are related to the marine plan area,

(c) the effect which any proposal for inclusion in the plan is likely to have on any area which is related to the marine plan area;

(d) the results of the review required by section 54,

(e) the SPP,

(f) any representations made in response to the invitation issued pursuant to sub-paragraph (5) of paragraph 5,

(g) any advice received under paragraph 8(1),

(h) any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the marine plan area or in any adjoining or adjacent area in England or Wales, Scotland or Northern Ireland,

(i) the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c. 55),

and such other matters as the marine plan authority considers relevant.

(3) For the purposes of this paragraph, one area is related to another if one or more of the following conditions is met—

(a) the one area adjoins or is adjacent to the other;

(b) the one area lies wholly or partly within the other;

Sustainability appraisal

10

(1) A marine plan authority preparing a marine plan must carry out an appraisal of the sustainability of its proposals for inclusion in the plan.

(2) The authority may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so.

(3) The marine plan authority must publish a report of the results of the appraisal.

(4) The report is to be published when the marine plan authority publishes the consultation draft under paragraph 11.

Preparation and publication of a consultation draft

11

(1) A marine plan authority preparing a marine plan must publish a draft containing its proposals for inclusion in the plan (the “consultation draft”).

(2) If the draft includes provision relating to retained functions, it may be published only with the agreement of the Secretary of State.

(3) The marine plan authority must publish the consultation draft in such manner as it considers appropriate.

(4) The marine plan authority must also take such steps as it considers appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(5) In this paragraph “interested persons” has the same meaning as in paragraph 5.

Representations about the consultation draft

12

(1) Any person may make representations about the consultation draft.

(2) Any such representations are to be made in accordance with the SPP.

(3) If any representations are made about the consultation draft, the marine plan authority must consider them in the course of settling the text of the marine plan for adoption and publication under paragraph 15.

Independent investigation

13

(1) A marine plan authority which has published a consultation draft in accordance with paragraph 11 must consider appointing an independent person to investigate the proposals contained in that draft and to report on them.

(2) In deciding whether to appoint such a person, the marine plan authority must have regard to—

(a) any representations received about the matters to be included in the proposed marine plan, in response to the invitation issued pursuant to paragraph 5(5),

(b) any representations received about the proposals published in the consultation draft,

and such other matters as the marine plan authority considers relevant.

(3) Any person so appointed must—

(a) make recommendations, and

(b) give reasons for the recommendations.

(4) The marine plan authority must publish the recommendations and the reasons given for them.

Matters to which marine plan authority to have regard in settling text for adoption etc

14

A marine plan authority settling the text of a marine plan for adoption and publication under paragraph 15 must have regard to—

(a) any recommendations made by any person appointed under paragraph 13,

(b) the reasons given by any such person for any such recommendations,

and any other matters that the marine plan authority considers relevant.

Adoption and publication of a marine plan

15

(1) A marine plan is “adopted” by a marine plan authority when the authority has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).

(2) A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.

(3) Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not include provision relating to retained functions.

(4) The conferral on a devolved authority by this Part of functions whose exercise is subject to the agreement of the Secretary of State under sub-paragraph (2) does not affect any functions, or the exercise of any functions, of the devolved authority apart from this Part (whenever conferred or imposed).

(5) In sub-paragraph (4) “devolved authority” means—

(a) the Scottish Ministers;

(b) the Welsh Ministers;

(6) The marine plan which a marine plan authority decides to publish may be—

(a) the same as the proposals published in the consultation draft, or

(b) those proposals with such modifications as the marine plan authority thinks fit.

(7) A marine plan authority which adopts a marine plan must publish the plan as soon as reasonably practicable after its adoption, together with statements of each of the following—

(a) any modifications that have been made to the proposals published in the consultation draft,

(b) the reasons for those modifications,

(c) if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.

Schedule 7

Interpretation

1

In this Schedule “civil sanction” means a fixed monetary penalty or a variable monetary penalty.

Fixed monetary penalties: other sanctions

2

(1) Provision under section 93 must secure that, in a case where a notice of intent referred to in section 94(2)(a) is served on a person—

(a) no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 94(2)(b), and

(b) if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.

(2) Provision under section 93 must also secure that, in a case where a fixed monetary penalty is imposed on a person—

(a) that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b) the enforcement authority may not issue a compliance notice or a remediation notice to that person in respect of the act or omission giving rise to the penalty.

Variable monetary penalties: other sanctions

3

Provision under section 95 must secure that, in a case where a variable monetary penalty is imposed on a person—

(a) that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b) the enforcement authority may not issue a compliance notice to that person in respect of the act or omission giving rise to the penalty.

Combination of sanctions

4

(1) Provision may not be made under section 93 and section 95 conferring powers on an enforcement authority in relation to the same offence unless it secures that—

(a) the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on that person in relation to that act or omission, and

(b) the authority may not serve a notice of intent referred to in section 96(2)(a) on a person in relation to any act or omission where—

(i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).

(2) Provision under section 93 which results in an enforcement authority having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—

(a) the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and

(b) the authority may not serve a stop notice on a person in relation to any act or omission where—

(i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).

Monetary penalties

5

(1) An order under section 93 or 95 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty or a variable monetary penalty may include provision—

(a) for early payment discounts;

(b) for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(2) Provision under sub-paragraph (1)(c) may include—

(a) provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b) provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.

Costs recovery

6

(1) Provision under section 95 may include provision for an enforcement authority, by notice, to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by the enforcement authority in relation to the imposition of the penalty up to the time of its imposition.

(2) In sub-paragraph (1) the references to costs include in particular—

(a) investigation costs;

(b) administration costs;

(2) Provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a) the notice specifies the amount required to be paid;

(b) the enforcement authority may be required to provide a detailed breakdown of that amount;

(c) the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d) the person required to pay costs may appeal against—

(i) the decision of the enforcement authority to impose the requirement to pay costs;

(ii) the decision of the enforcement authority as to the amount of those costs.

(4) Provision under this paragraph may include the provision referred to in sub-paragraphs (1)(b) and (c) and (2) of paragraph 5.

(5) Provision under this paragraph must secure that an enforcement authority is required to publish guidance about how it will exercise the power conferred by the provision.

Appeals

7

(1) An order under section 93 or 95 may not provide for the making of an appeal other than to—

(a) the First-Tier Tribunal, or

(b) another tribunal created under an enactment.

This sub-paragraph does not apply in the case of an order made by the Scottish Ministers.

(2) In sub-paragraph (1)(b)—

“enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;

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