LegalizeReform history
Marine and Coastal Access Act 2009
84 versions
· 2009-11-12
2026-03-25
Marine and Coastal Access Act 2009
2026-03-04
Marine and Coastal Access Act 2009
2026-02-20
Marine and Coastal Access Act 2009
2026-02-18
Marine and Coastal Access Act 2009
2026-02-12
Marine and Coastal Access Act 2009
2026-01-08
Marine and Coastal Access Act 2009
2025-12-23
Marine and Coastal Access Act 2009
2025-11-27
Marine and Coastal Access Act 2009
2025-09-22
Marine and Coastal Access Act 2009
2025-07-28
Marine and Coastal Access Act 2009
2025-04-28
Marine and Coastal Access Act 2009
2025-04-15
Marine and Coastal Access Act 2009
2025-02-27
Marine and Coastal Access Act 2009
2024-05-09
Marine and Coastal Access Act 2009
2024-04-01
Marine and Coastal Access Act 2009
2024-03-11
Marine and Coastal Access Act 2009
2024-01-01
Marine and Coastal Access Act 2009
2023-12-26
Marine and Coastal Access Act 2009
2023-08-03
Marine and Coastal Access Act 2009
2023-07-17
Marine and Coastal Access Act 2009
2022-12-29
Marine and Coastal Access Act 2009
2022-12-01
Marine and Coastal Access Act 2009
2022-08-11
Marine and Coastal Access Act 2009
2022-04-22
Marine and Coastal Access Act 2009
2022-03-05
Marine and Coastal Access Act 2009
2022-01-01
Marine and Coastal Access Act 2009
2021-07-27
Marine and Coastal Access Act 2009
2021-01-23
Marine and Coastal Access Act 2009
2021-01-22
Marine and Coastal Access Act 2009
2021-01-21
Marine and Coastal Access Act 2009
2020-12-31
Marine and Coastal Access Act 2009
2020-11-23
Marine and Coastal Access Act 2009
2020-10-01
Marine and Coastal Access Act 2009
2020-07-22
Marine and Coastal Access Act 2009
2020-06-19
Marine and Coastal Access Act 2009
2019-03-13
Marine and Coastal Access Act 2009
2018-09-17
Marine and Coastal Access Act 2009
2018-08-20
Marine and Coastal Access Act 2009
2017-11-30
Marine and Coastal Access Act 2009
2017-08-29
Marine and Coastal Access Act 2009
2017-08-24
Marine and Coastal Access Act 2009
2017-01-01
Marine and Coastal Access Act 2009
2016-09-27
Marine and Coastal Access Act 2009
2016-09-15
Marine and Coastal Access Act 2009
2016-09-07
Marine and Coastal Access Act 2009
2016-08-10
Marine and Coastal Access Act 2009
2016-08-03
Marine and Coastal Access Act 2009
2016-07-28
Marine and Coastal Access Act 2009
2016-07-12
Marine and Coastal Access Act 2009
2015-10-31
Marine and Coastal Access Act 2009
2015-09-06
Marine and Coastal Access Act 2009
2015-08-26
Marine and Coastal Access Act 2009
2015-08-07
Marine and Coastal Access Act 2009
2015-04-01
Marine and Coastal Access Act 2009
2015-03-12
Marine and Coastal Access Act 2009
2015-03-11
Marine and Coastal Access Act 2009
2015-02-26
Marine and Coastal Access Act 2009
2015-02-13
Marine and Coastal Access Act 2009
2014-12-31
Marine and Coastal Access Act 2009
2014-12-15
Marine and Coastal Access Act 2009
2014-12-12
Marine and Coastal Access Act 2009
2014-11-28
Marine and Coastal Access Act 2009
2014-09-26
Marine and Coastal Access Act 2009
2014-08-06
Marine and Coastal Access Act 2009
2014-07-07
Marine and Coastal Access Act 2009
2014-03-31
Marine and Coastal Access Act 2009
2013-09-18
Marine and Coastal Access Act 2009
2013-08-15
Marine and Coastal Access Act 2009
2013-04-01
Marine and Coastal Access Act 2009
2013-02-20
Marine and Coastal Access Act 2009
2012-08-16
Marine and Coastal Access Act 2009
2012-04-06
Marine and Coastal Access Act 2009
2011-10-01
Marine and Coastal Access Act 2009
2011-05-26
Marine and Coastal Access Act 2009
2011-04-22
Marine and Coastal Access Act 2009
2011-04-06
Marine and Coastal Access Act 2009
2011-04-04
Marine and Coastal Access Act 2009
2011-04-01
Marine and Coastal Access Act 2009
2011-01-01
Marine and Coastal Access Act 2009
2010-12-31
Marine and Coastal Access Act 2009
2010-10-01
Marine and Coastal Access Act 2009
2010-04-01
Marine and Coastal Access Act 2009
2010-01-12
Marine and Coastal Access Act 2009
Changes on 2010-01-12
@@ -4,7 +4,7 @@
### Chapter 1 — Establishment
#### The Marine Management Organisation
#### Marine policy statement
##### 1
@@ -20,29 +20,29 @@
##### 2
- (1) It is the duty of the MMO to secure that the MMO functions are so exercised that the carrying on of activities by persons in the MMO’s area is managed, regulated or controlled—
- (a) with the objective of making a contribution to the achievement of sustainable development (see subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/2/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/4/enacted) to [(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/11/enacted)),
- (b) taking account of all relevant facts and matters (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/3/enacted)), and
- (c) in a manner which is consistent and co-ordinated (see subsection [(12)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/12/enacted)).
Any reference in this Act to the MMO’s “general objective” is a reference to the duty imposed on the MMO by this subsection.
- (1) It is the duty of the MMO to secure that the MMO functions are so exercised that the carrying on of activities by persons in the MMO's area is managed, regulated or controlled—
- (a) with the objective of making a contribution to the achievement of sustainable development (see subsections (2) and (4) to (11)),
- (b) taking account of all relevant facts and matters (see subsection (3)), and
- (c) in a manner which is consistent and co-ordinated (see subsection (12)).
Any reference in this Act to the MMO's “*general objective*” is a reference to the duty imposed on the MMO by this subsection.
- (2) In pursuit of its general objective, the MMO may take any action which it considers necessary or expedient for the purpose of furthering any social, economic or environmental purposes.
- (3) For the purposes of subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/1/b/enacted), the facts and matters that may be taken into account include each of the following—
- (3) For the purposes of subsection (1)(b), the facts and matters that may be taken into account include each of the following—
- (a) scientific evidence, whether available to, or reasonably obtainable by, the MMO;
- (b) other evidence so available or obtainable relating to the social, economic or environmental elements of sustainable development;
- (c) such facts or matters not falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/3/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/3/b/enacted) as the MMO may consider appropriate.
- (c) such facts or matters not falling within paragraph (a) or (b) as the MMO may consider appropriate.
See also section 24 (powers of MMO in relation to research).
- (4) The Secretary of State is to give the MMO guidance as to the manner in which the MMO is to seek to secure that the contribution to the achievement of sustainable development mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/1/a/enacted) is made (and see also section 38 (guidance)).
- (4) The Secretary of State is to give the MMO guidance as to the manner in which the MMO is to seek to secure that the contribution to the achievement of sustainable development mentioned in subsection (1)(a) is made (and see also section 38 (guidance)).
- (5) In preparing any such guidance the Secretary of State must take into consideration—
@@ -60,7 +60,7 @@
- (8) If, within that period, either House resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State must not give that guidance.
- (9) In reckoning any period of 40 days for the purposes of subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/7/enacted) or [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/8/enacted), no account is to be taken of any time during which—
- (9) In reckoning any period of 40 days for the purposes of subsection (7) or (8), no account is to be taken of any time during which—
- (a) Parliament is dissolved or prorogued, or
@@ -72,13 +72,13 @@
- (12) In this section—
- “consistent and co-ordinated” includes taking into account the effect (if any) that decisions in respect of— any particular part of the MMO’s area, or the carrying on of any activity within that area, will have on any other part of that area or the carrying on of any other activity in that area;
- “evidence” includes predictions and other opinions resulting from the consideration of evidence by any person;
- “the MMO’s area” means those parts of the UK marine area, or of the United Kingdom, where MMO functions are exercisable;
- “MMO functions” means functions exercisable by or on behalf of the MMO.
- “*consistent and co-ordinated*” includes taking into account the effect (if any) that decisions in respect of—any particular part of the MMO's area, orthe carrying on of any activity within that area,will have on any other part of that area or the carrying on of any other activity in that area;
- “*evidence*” includes predictions and other opinions resulting from the consideration of evidence by any person;
- “*the MMO's area*” means those parts of the UK marine area, or of the United Kingdom, where MMO functions are exercisable;
- “*MMO functions*” means functions exercisable by or on behalf of the MMO.
#### Performance
@@ -86,17 +86,17 @@
- (1) The MMO is to use its best endeavours to meet such objectives as the Secretary of State may from time to time set with regard to the quality and effectiveness of its performance.
- (2) Subsection (6) of section 24 of the [Legislative and Regulatory Reform Act 2006 (c. 51)](https://www.legislation.gov.uk/ukpga/2006/51) (consultation) does not apply in relation to an order under subsection (2) of that section specifying regulatory functions of the MMO as functions to which sections 21 and 22 of that Act (principles and code of practice) apply.
- (2) Subsection (6) of section 24 of the Legislative and Regulatory Reform Act 2006 (c. 51) (consultation) does not apply in relation to an order under subsection (2) of that section specifying regulatory functions of the MMO as functions to which sections 21 and 22 of that Act (principles and code of practice) apply.
### Chapter 2 — Transfer of functions to the MMO
### Sea Fish (Conservation) Act 1967
#### Licensing of fishing boats
#### Regulations and orders
##### 4
- (1) The Secretary of State’s function of granting licences under section 4 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (licensing of fishing boats) is transferred to the MMO.
- (1) The Secretary of State's function of granting licences under section 4 of the Sea Fish (Conservation) Act 1967 (c. 84) (licensing of fishing boats) is transferred to the MMO.
- (2) In subsection (1)(a) of that section (power by order to prohibit fishing unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State.
@@ -121,7 +121,7 @@
> (11A) As respects any function under this section, other than a function of making an order,—
> (a) the Marine Management Organisation may make arrangements for the function to be exercised on its behalf by the Scottish Ministers, and
> (b) the Scottish Ministers may make arrangements for the function to be exercised on their behalf by the Marine Management Organisation.
> An arrangement under this subsection does not affect a person’s responsibility for the exercise of the function.
> An arrangement under this subsection does not affect a person's responsibility for the exercise of the function.
> (11B) A person exercising a function on behalf of another by virtue of subsection (11A) above may charge that other such fees as the person considers reasonable in respect of the cost of doing so.
.
@@ -132,7 +132,7 @@
- (a) has been taken by or on behalf of the Secretary of State before the coming into force of this section, but
- (b) has not been notified in accordance with regulations under section 4B of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84),
- (b) has not been notified in accordance with regulations under section 4B of the Sea Fish (Conservation) Act 1967 (c. 84),
the decision has effect as from the coming into force of this section as a decision taken by the MMO.
@@ -148,13 +148,13 @@
##### 5
In section 4AA(5) of the [Sea Fish (Conservation) Act 1967](https://www.legislation.gov.uk/ukpga/1967/84) (duty to vary licence to give effect to determination of tribunal on appeal) the reference to the Minister who granted the licence is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.
In section 4AA(5) of the Sea Fish (Conservation) Act 1967 (duty to vary licence to give effect to determination of tribunal on appeal) the reference to the Minister who granted the licence is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.
#### Trans-shipment licences for vessels
##### 6
- (1) The Secretary of State’s function of granting licences under section 4A of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (licences for the receiving by a vessel of fish trans-shipped from another vessel) is transferred to the MMO.
- (1) The Secretary of State's function of granting licences under section 4A of the Sea Fish (Conservation) Act 1967 (c. 84) (licences for the receiving by a vessel of fish trans-shipped from another vessel) is transferred to the MMO.
- (2) In subsection (1) of that section (power by order to prohibit trans-shipping of fish unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State.
@@ -180,7 +180,7 @@
- (a) has been taken by or on behalf of the Secretary of State before the coming into force of this section, but
- (b) has not been notified in accordance with regulations under section 4B of the [Sea Fish (Conservation) Act 1967](https://www.legislation.gov.uk/ukpga/1967/84),
- (b) has not been notified in accordance with regulations under section 4B of the Sea Fish (Conservation) Act 1967,
the decision has effect as from the coming into force of this section as a decision taken by the MMO.
@@ -198,13 +198,13 @@
##### 7
In any regulations made under section 4B of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) any reference to the Secretary of State, or which includes a reference to the Secretary of State, is to be read, in relation to the exercise by the MMO of functions under or by virtue of section 4 or 4A of that Act (licensing of fishing boats and trans-shipment licences for vessels), as a reference to the MMO or, as the case may be, as including instead a reference to the MMO.
In any regulations made under section 4B of the Sea Fish (Conservation) Act 1967 (c. 84) any reference to the Secretary of State, or which includes a reference to the Secretary of State, is to be read, in relation to the exercise by the MMO of functions under or by virtue of section 4 or 4A of that Act (licensing of fishing boats and trans-shipment licences for vessels), as a reference to the MMO or, as the case may be, as including instead a reference to the MMO.
#### Exemptions for operations for scientific and other purposes
##### 8
- (1) The functions of the Secretary of State under subsections (1) to (4) of section 9 of the [Sea Fish (Conservation) Act 1967](https://www.legislation.gov.uk/ukpga/1967/84) (exemption of certain things done under the authority of one of the Ministers) are transferred to the MMO.
- (1) The functions of the Secretary of State under subsections (1) to (4) of section 9 of the Sea Fish (Conservation) Act 1967 (exemption of certain things done under the authority of one of the Ministers) are transferred to the MMO.
- (2) In that section, after subsection (6) insert—
@@ -225,7 +225,7 @@
##### 9
- (1) The Secretary of State’s functions of granting and revoking licences under section 10 of the [Conservation of Seals Act 1970 (c. 30)](https://www.legislation.gov.uk/ukpga/1970/30) (power to grant licences) are transferred to the MMO.
- (1) The Secretary of State's functions of granting and revoking licences under section 10 of the Conservation of Seals Act 1970 (c. 30) (power to grant licences) are transferred to the MMO.
- (2) Any licences—
@@ -241,31 +241,31 @@
##### 10
- (1) Section 16 of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69) (power to grant licences) is amended as follows.
- (1) Section 16 of the Wildlife and Countryside Act 1981 (c. 69) (power to grant licences) is amended as follows.
- (2) After subsection (8) insert—
> (8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection [(12)](#p00375)), “the appropriate authority” means the Marine Management Organisation.
> (8A) In this section, in the case of a licence under any of subsections (1) to (4), so far as relating to the restricted English inshore region (see subsection (12)), “*the appropriate authority*” means the Marine Management Organisation.
.
- (3) In subsection (9) (meaning of “the appropriate authority”) at the beginning insert “Except as provided by subsection (8A),”.
- (3) In subsection (9) (meaning of “the appropriate authority”) at the beginning insert “ Except as provided by subsection (8A), ”.
- (4) At the end of the section insert—
> (12) In this section—
> (a) “the restricted English inshore region” means so much of the English inshore region as lies to seaward of mean low water mark;
> (b) “the English inshore region” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
> (a) “*the restricted English inshore region*” means so much of the English inshore region as lies to seaward of mean low water mark;
> (b) “*the English inshore region*” has the meaning given by section 322 of the Marine and Coastal Access Act 2009.
.
- (5) To the extent that an application for a licence under section 16 of the [Wildlife and Countryside Act 1981](https://www.legislation.gov.uk/ukpga/1981/69) which was made, but not determined or withdrawn, before the coming into force of this section relates to the restricted English inshore region, the application is to be treated as an application made to the MMO after the coming into force of this section.
- (5) To the extent that an application for a licence under section 16 of the Wildlife and Countryside Act 1981 which was made, but not determined or withdrawn, before the coming into force of this section relates to the restricted English inshore region, the application is to be treated as an application made to the MMO after the coming into force of this section.
#### Sea Fisheries (Wildlife Conservation) Act 1992
##### 11
In section 1(1) of the [Sea Fisheries (Wildlife Conservation) Act 1992 (c. 36)](https://www.legislation.gov.uk/ukpga/1992/36) (conservation in the exercise of sea fisheries functions) after “the Minister or Ministers” insert “or the Marine Management Organisation”.
In section 1(1) of the Sea Fisheries (Wildlife Conservation) Act 1992 (c. 36) (conservation in the exercise of sea fisheries functions) after “the Minister or Ministers” insert “ or the Marine Management Organisation ”.
### Generating and renewable energy installations
@@ -283,15 +283,15 @@
- (c) section 36B (duties in relation to navigation),
so far as relating to any generating station that meets the requirements of subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/12/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/12/4/enacted).
- (3) The generating station must be in waters which are subject to regulation under section 95 of the [Energy Act 2004 (c. 20)](https://www.legislation.gov.uk/ukpga/2004/20), other than—
so far as relating to any generating station that meets the requirements of subsections (3) and (4).
- (3) The generating station must be in waters which are subject to regulation under section 95 of the Energy Act 2004 (c. 20), other than—
- (a) any area of Scottish waters, or
- (b) any area of waters in a Scottish part of a Renewable Energy Zone.
- (4) The generating station must have a capacity such that the construction or extension of the generating station would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29)).
- (4) The generating station must have a capacity such that the construction or extension of the generating station would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).
- (5) In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of an electricity consent function of the Secretary of State, as a reference to the MMO—
@@ -299,13 +299,13 @@
- (b) paragraph 1(2) of Schedule 9 to that Act (preservation of amenity);
- (c) regulations 71 to 74 of the Conservation (Natural Habitats, &c) Regulations 1994 ([S.I. 1994/2716](https://www.legislation.gov.uk/uksi/1994/2716)) (adaptation of planning and other controls);
- (d) the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 ([S.I. 2000/1927](https://www.legislation.gov.uk/uksi/2000/1927)).
- (c) regulations 71 to 74 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) (adaptation of planning and other controls);
- (d) the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (S.I. 2000/1927).
- (6) Paragraph 1(4) of Schedule 8 to the Electricity Act (payment of sums into Consolidated Fund) does not apply to sums received by the MMO by virtue of this section.
- (7) In consequence of the provision made by this section, insert the subsection set out in subsection [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/12/8/enacted)—
- (7) In consequence of the provision made by this section, insert the subsection set out in subsection (8)—
- (a) into section 36 of the Electricity Act, after subsection (1B) as subsection (1C), and
@@ -313,17 +313,17 @@
- (8) The subsection is—
> This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).
> (0) This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).
.
- (9) In this section “the Electricity Act” means the [Electricity Act 1989 (c. 29)](https://www.legislation.gov.uk/ukpga/1989/29).
- (10) In this section, the following expressions have the same meaning as in section 95 of the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20)—
- (9) In this section “*the Electricity Act*” means the Electricity Act 1989 (c. 29).
- (10) In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—
- “Renewable Energy Zone”;
- “Scottish part”, in relation to a Renewable Energy Zone;
- “*Scottish part*”, in relation to a Renewable Energy Zone;
- “Scottish waters”.
@@ -331,27 +331,27 @@
##### 13
- (1) The functions of the Secretary of State specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/2/enacted) are transferred to the MMO.
- (2) Those functions are any functions of the Secretary of State under section 95 of the [Energy Act 2004 (c. 20)](https://www.legislation.gov.uk/ukpga/2004/20) (safety zones around renewable energy installations), so far as relating to any renewable energy installation that meets the requirements of subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/4/enacted).
- (3) The renewable energy installation must be in waters subject to regulation under section 95 of the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20), other than—
- (1) The functions of the Secretary of State specified in subsection (2) are transferred to the MMO.
- (2) Those functions are any functions of the Secretary of State under section 95 of the Energy Act 2004 (c. 20) (safety zones around renewable energy installations), so far as relating to any renewable energy installation that meets the requirements of subsections (3) and (4).
- (3) The renewable energy installation must be in waters subject to regulation under section 95 of the Energy Act 2004, other than—
- (a) any area of Scottish waters, or
- (b) any area of waters in a Scottish part of a Renewable Energy Zone.
- (4) The renewable energy installation must have a capacity such that the construction or extension of the installation would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29)).
- (5) In accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/1/enacted), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of any function falling within subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/2/enacted), as a reference to the MMO—
- (a) section 95 of the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20),
- (4) The renewable energy installation must have a capacity such that the construction or extension of the installation would not be a nationally significant infrastructure project (within the meaning given by sections 14 and 15 of the Planning Act 2008 (c. 29)).
- (5) In accordance with subsection (1), any reference in the following provisions to the Secretary of State is to be read, so far as relating to the exercise of any function falling within subsection (2), as a reference to the MMO—
- (a) section 95 of the Energy Act 2004,
- (b) Schedule 16 to that Act (procedure for declaring safety zones),
but this is subject to the exceptions in subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/13/6/enacted).
- (6) Those exceptions are the following provisions of Schedule 16 to the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20) (which relate to regulations made by the Secretary of State)—
but this is subject to the exceptions in subsection (6).
- (6) Those exceptions are the following provisions of Schedule 16 to the Energy Act 2004 (which relate to regulations made by the Secretary of State)—
- paragraph 3(2)(b);
@@ -363,19 +363,19 @@
- paragraph 6(2)(b) and (6).
- (7) In section 95 of the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20), after subsection (1) insert—
- (7) In section 95 of the Energy Act 2004, after subsection (1) insert—
> (1A) This section is subject to section 13 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).
.
- (8) In this section, the following expressions have the same meaning as in section 95 of the [Energy Act 2004](https://www.legislation.gov.uk/ukpga/2004/20)—
- (8) In this section, the following expressions have the same meaning as in section 95 of the Energy Act 2004—
- “renewable energy installation”;
- “Renewable Energy Zone”;
- “Scottish part”, in relation to a Renewable Energy Zone;
- “*Scottish part*”, in relation to a Renewable Energy Zone;
- “Scottish waters”.
@@ -391,9 +391,9 @@
- (a) either in relation to the UK marine area or in relation to specified parts of that area;
- (b) subject to paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/14/1/a/enacted), either generally or in specified cases.
“Specified” means specified in the agreement.
- (b) subject to paragraph (a), either generally or in specified cases.
“*Specified*” means specified in the agreement.
- (2) For the purposes of this Chapter, a “marine function” is any function which relates to, or whose exercise is capable of affecting, the whole or any part of the UK marine area.
@@ -401,15 +401,15 @@
- (a) authorised or appointed by the Secretary of State, or
- (b) employed in the civil service of the State (but see subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/14/4/enacted)).
- (4) For the purposes of subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/14/3/b/enacted), a person is not to be regarded as employed in the civil service of the State to the extent that the person is any of the following—
- (a) the holder of an office in the Scottish Administration which is not a ministerial office (within the meaning of section 51 of the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46));
- (b) employed in the civil service of the State (but see subsection (4)).
- (4) For the purposes of subsection (3)(b), a person is not to be regarded as employed in the civil service of the State to the extent that the person is any of the following—
- (a) the holder of an office in the Scottish Administration which is not a ministerial office (within the meaning of section 51 of the Scotland Act 1998 (c. 46));
- (b) a member of the staff of the Scottish Administration (within the meaning of that section);
- (c) a member of the staff of the Welsh Assembly Government (within the meaning of section 52 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)).
- (c) a member of the staff of the Welsh Assembly Government (within the meaning of section 52 of the Government of Wales Act 2006 (c. 32)).
- (5) An agreement under this section—
@@ -427,31 +427,31 @@
- (a) either in relation to the UK marine area or in relation to specified parts of that area;
- (b) subject to paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/1/a/enacted), either generally or in specified cases.
“Specified” means specified in the agreement.
- (b) subject to paragraph (a), either generally or in specified cases.
“*Specified*” means specified in the agreement.
- (2) For the purposes of this Chapter, any reference to a function of the MMO includes a reference to a function exercisable by a person authorised, appointed or employed by the MMO.
- (3) The Secretary of State’s approval may be given—
- (3) The Secretary of State's approval may be given—
- (a) in relation to a particular agreement or in relation to a description of agreements;
- (b) unconditionally or subject to conditions specified in the approval.
- (4) Subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/6/enacted), the Secretary of State—
- (4) Subject to subsection (6), the Secretary of State—
- (a) must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and
- (b) if it appears appropriate to do so in the light of the review, may cancel the agreement.
- (5) Subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/6/enacted), an agreement under this section may not be varied except—
- (5) Subject to subsection (6), an agreement under this section may not be varied except—
- (a) by agreement between the MMO and the eligible body, and
- (b) with the approval of the Secretary of State.
- (6) An approval given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/1/enacted) may provide that subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/4/enacted) or [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/15/5/enacted) does not apply (or that both of them do not apply).
- (6) An approval given under subsection (1) may provide that subsection (4) or (5) does not apply (or that both of them do not apply).
- (7) This section is subject to sections 17 and 18 (non-delegable functions and maximum duration of agreement).
@@ -459,7 +459,7 @@
##### 16
- (1) In this Chapter “eligible body” means any body in the following list—
- (1) In this Chapter “*eligible body*” means any body in the following list—
- (a) the Environment Agency;
@@ -467,17 +467,17 @@
- (c) any inshore fisheries and conservation authority;
- (d) any local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the [Sea Fisheries Regulation Act 1966 (c. 38)](https://www.legislation.gov.uk/ukpga/1966/38);
- (d) any local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 (c. 38);
- (e) any harbour authority.
- (2) The Secretary of State may by order amend subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/16/1/enacted) so as to—
- (2) The Secretary of State may by order amend subsection (1) so as to—
- (a) add any body or description of body to the list, or
- (b) remove any body or description of body from it.
- (3) The Secretary of State may not exercise the power conferred by subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/16/2/a/enacted) unless satisfied that at least one of the purposes or functions of the body, or bodies of the description, to be added to the list is, or is related to or connected with, a marine function.
- (3) The Secretary of State may not exercise the power conferred by subsection (2)(a) unless satisfied that at least one of the purposes or functions of the body, or bodies of the description, to be added to the list is, or is related to or connected with, a marine function.
- (4) A body to be added to the list need not be a public body.
@@ -513,7 +513,7 @@
- (ii) any other power exercisable in connection with suspected offences;
- (h) any function of the Secretary of State under the [Water Industry Act 1991 (c. 56)](https://www.legislation.gov.uk/ukpga/1991/56) or under any subordinate legislation made under that Act.
- (h) any function of the Secretary of State under the Water Industry Act 1991 (c. 56) or under any subordinate legislation made under that Act.
#### Maximum duration of agreement
@@ -529,11 +529,11 @@
- (1) The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.
- (2) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/19/3/enacted)—
- “A” means the Secretary of State or the MMO;
- “B” means— the MMO, if A is the Secretary of State; an eligible body, if A is the MMO.
- (2) In subsection (3)—
- “*A*” means the Secretary of State or the MMO;
- “*B*” means—the MMO, if A is the Secretary of State;an eligible body, if A is the MMO.
- (3) A may, under an agreement, authorise B to perform a function even though, under the enactment or subordinate legislation conferring that function on A,—
@@ -551,7 +551,7 @@
- (b) for payments to be made in respect of the performance of the function.
- (5) In the following provisions of this section “relevant body” means—
- (5) In the following provisions of this section “*relevant body*” means—
- (a) the MMO;
@@ -569,11 +569,11 @@
- (7) Where the eligible body is a harbour authority which is a local authority—
- (a) subsection [(6)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/19/6/a/enacted) is subject to section 20(5), and
- (b) section 20 applies in place of subsection [(6)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/19/6/b/enacted).
- (8) Subject to subsection [(6)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/19/6/b/enacted) and section 20, a relevant body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.
- (a) subsection (6)(a) is subject to section 20(5), and
- (b) section 20 applies in place of subsection (6)(b).
- (8) Subject to subsection (6)(b) and section 20, a relevant body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.
#### Agreements with certain harbour authorities
@@ -581,43 +581,43 @@
- (1) This section applies where a harbour authority which is a local authority is authorised under an agreement to perform a function.
- (2) Subject to subsections [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/5/enacted) to [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/7/enacted), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—
- (2) Subject to subsections (5) to (7), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—
- (a) any power of a local authority to arrange for the discharge of the function jointly with another local authority (but only to the extent that each of the authorities is a harbour authority),
- (b) any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/3/enacted), and
- (c) any power of a person mentioned in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/3/enacted) to arrange for the discharge of a function by any other person mentioned there.
- (b) any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and
- (c) any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.
- (3) The persons are any committee, sub-committee, member, officer or employee of the local authority.
- (4) In subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/3/enacted)—
- (a) “committee” includes a joint committee of two or more local authorities which are harbour authorities and which include the local authority mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/1/enacted);
- (b) “sub-committee” includes a sub-committee of any such joint committee;
- (4) In subsection (3)—
- (a) “*committee*” includes a joint committee of two or more local authorities which are harbour authorities and which include the local authority mentioned in subsection (1);
- (b) “*sub-committee*” includes a sub-committee of any such joint committee;
- (c) the reference to a member, officer or employee of the local authority includes a reference to a member, officer or employee of any local authority, or any of the local authorities, with which the local authority may have entered into arrangements for the joint discharge of functions which consist of or include functions which the local authority is authorised under an agreement to perform.
- (5) If the local authority is operating executive arrangements, the function is to be treated as a function of the local authority for the purposes of section 13 of the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22) (provision for determining which functions of the authority are to be the responsibility of the executive and which are not).
- (5) If the local authority is operating executive arrangements, the function is to be treated as a function of the local authority for the purposes of section 13 of the Local Government Act 2000 (c. 22) (provision for determining which functions of the authority are to be the responsibility of the executive and which are not).
- (6) If, in a case where the local authority is operating executive arrangements, the function is to any extent the responsibility of the executive of the local authority, then to that extent—
- (a) subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/2/enacted) does not apply, but
- (b) the provisions mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/7/enacted) have effect.
- (a) subsection (2) does not apply, but
- (b) the provisions mentioned in subsection (7) have effect.
- (7) The provisions are—
- (a) sections 14 to 16 of the [Local Government Act 2000](https://www.legislation.gov.uk/ukpga/2000/22) (discharge of functions in the case of different types of executive arrangements);
- (a) sections 14 to 16 of the Local Government Act 2000 (discharge of functions in the case of different types of executive arrangements);
- (b) any regulations under section 17 or 18 of that Act (discharge of functions by executive of a type prescribed under section 11(5) of that Act, and discharge of functions by area committees);
- (c) so far as relating to arrangements (including the appointment of joint committees) under section 101(5) of the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70) which involve another local authority which is a harbour authority, any regulations under section 20 of the [Local Government Act 2000](https://www.legislation.gov.uk/ukpga/2000/22) (joint exercise of functions).
- (8) “Executive arrangements” and “executive” have the same meaning as in Part 2 of the [Local Government Act 2000](https://www.legislation.gov.uk/ukpga/2000/22).
- (9) An agreement may provide that the provisions of subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/2/enacted) or those mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/20/7/enacted) do not apply (or do not apply to a specified extent).
- (c) so far as relating to arrangements (including the appointment of joint committees) under section 101(5) of the Local Government Act 1972 (c. 70) which involve another local authority which is a harbour authority, any regulations under section 20 of the Local Government Act 2000 (joint exercise of functions).
- (8) “*Executive arrangements*” and “*executive*” have the same meaning as in Part 2 of the Local Government Act 2000.
- (9) An agreement may provide that the provisions of subsection (2) or those mentioned in subsection (7) do not apply (or do not apply to a specified extent).
#### Supplementary provisions with respect to agreements
@@ -637,21 +637,21 @@
- (d) requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of an agreement.
- (4) Schedule 15 to the [Deregulation and Contracting Out Act 1994 (c. 40)](https://www.legislation.gov.uk/ukpga/1994/40) (restrictions on disclosure of information) applies in relation to an authorisation by the MMO or an eligible body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.
- (4) Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) (restrictions on disclosure of information) applies in relation to an authorisation by the MMO or an eligible body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.
#### Interpretation of this Chapter
##### 22
- (1) In sections 17 to 21 “agreement” means an agreement under section 14 or 15.
- (1) In sections 17 to 21 “*agreement*” means an agreement under section 14 or 15.
- (2) In this Chapter—
- “eligible body” has the meaning given by section 16;
- “local authority” means a local authority as defined in section 1(a) of the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22);
- “marine function” has the meaning given by section 14.
- “*eligible body*” has the meaning given by section 16;
- “*local authority*” means a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22);
- “*marine function*” has the meaning given by section 14.
### Chapter 4 — Miscellaneous, general and supplemental provisions
@@ -661,7 +661,7 @@
##### 23
- (1) The [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29) is amended as set out in subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/23/2/enacted) to [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/23/6/enacted).
- (1) The Planning Act 2008 (c. 29) is amended as set out in subsections (2) to (6).
- (2) In section 42 (duty to consult about proposed applications for orders granting development consent)—
@@ -681,7 +681,7 @@
> (c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
> (d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
- (3) In consequence of the amendments made by subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/23/2/enacted) of this section—
- (3) In consequence of the amendments made by subsection (2) of this section—
- (a) the heading to section 43 becomes “Local authorities for purposes of section 42(1)(b)”, and
@@ -689,9 +689,9 @@
- (4) In section 55 (acceptance of applications), in subsection (5), in the definition of “local authority consultee”—
- (a) for “section 42(b)” substitute “section 42(1)(b)”;
- (b) for “section 42(c)” substitute “section 42(1)(c)”.
- (a) for “section 42(b)” substitute “ section 42(1)(b) ”;
- (b) for “section 42(c)” substitute “ section 42(1)(c) ”.
- (5) In section 56 (duty to notify persons of accepted applications)—
@@ -727,7 +727,7 @@
- (7) The Secretary of State must give guidance to the MMO as to the kind of representations which may be made by the MMO under—
- (a) Chapter 2 of Part 5 of the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29) (pre-application procedure), or
- (a) Chapter 2 of Part 5 of the Planning Act 2008 (c. 29) (pre-application procedure), or
- (b) Part 6 of that Act (deciding applications for orders granting development consent).
@@ -745,13 +745,13 @@
- (2) The MMO is to make the results of any such research available to any person on request.
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/24/2/enacted) does not require the MMO to make available—
- (3) Subsection (2) does not require the MMO to make available—
- (a) any information that it could refuse to disclose in response to a request under—
- (i) the [Freedom of Information Act 2000 (c. 36)](https://www.legislation.gov.uk/ukpga/2000/36), or
- (ii) the Environmental Information Regulations 2004 ([S.I. 2004/ 3391](https://www.legislation.gov.uk/uksi/2004/3391)) or any regulations replacing those Regulations;
- (i) the Freedom of Information Act 2000 (c. 36), or
- (ii) the Environmental Information Regulations 2004 (S.I. 2004/ 3391) or any regulations replacing those Regulations;
- (b) any information whose disclosure is prohibited by any enactment.
@@ -799,7 +799,7 @@
- (b) to provide, or assist in the provision of, information of a particular kind,
is to be read as limiting the power conferred by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/26/1/enacted).
is to be read as limiting the power conferred by subsection (1).
#### Power to charge for services
@@ -809,17 +809,17 @@
- (2) The fees that may be charged under this section include fees in respect of the cost of services provided by the MMO under any arrangements made between the MMO and the Welsh Ministers or a Northern Ireland department under—
- (a) section 83 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32), or
- (b) section 28 of the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47).
- (3) For the purposes of this section, “services” includes, in particular, anything done under—
- (a) section 2[(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/2/11/enacted) (provision of copy of guidance);
- (b) section 24[(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/24/2/enacted) (making available the results of research);
- (c) section 25[(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/25/2/enacted), [(3)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/25/3/a/enacted) or [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/25/4/enacted) (advice, assistance and training facilities);
- (a) section 83 of the Government of Wales Act 2006 (c. 32), or
- (b) section 28 of the Northern Ireland Act 1998 (c. 47).
- (3) For the purposes of this section, “*services*” includes, in particular, anything done under—
- (a) section 2(11) (provision of copy of guidance);
- (b) section 24(2) (making available the results of research);
- (c) section 25(2), (3)(a) or (4) (advice, assistance and training facilities);
- (d) section 26 (information).
@@ -829,9 +829,9 @@
- (1) The MMO must provide the Secretary of State with all such information as the Secretary of State may reasonably require with respect to any of the following matters—
- (a) the carrying out, or proposed carrying out, of the MMO’s functions;
- (b) the MMO’s responsibilities generally.
- (a) the carrying out, or proposed carrying out, of the MMO's functions;
- (b) the MMO's responsibilities generally.
- (2) Information required under this section is to be provided in such form and manner, and be accompanied or supplemented by such explanations, as the Secretary of State may require.
@@ -853,13 +853,13 @@
- (2) The MMO may institute proceedings for the recovery of any monetary penalty imposed under this Act.
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/29/2/enacted) is without prejudice to any other powers the MMO may have to institute proceedings.
- (4) The MMO may designate under this subsection any of its employees who would not (apart from subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/29/6/enacted)) be entitled to carry on, in relation to magistrates’ court proceedings, an activity which constitutes—
- (3) Subsection (2) is without prejudice to any other powers the MMO may have to institute proceedings.
- (4) The MMO may designate under this subsection any of its employees who would not (apart from subsection (6)) be entitled to carry on, in relation to magistrates' court proceedings, an activity which constitutes—
- (a) the conduct of litigation, or
- (b) the exercise of a right of audience falling within subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/29/5/enacted).
- (b) the exercise of a right of audience falling within subsection (5).
- (5) The rights of audience are—
@@ -871,11 +871,11 @@
- (d) a right of audience in proceedings for the recovery of any sum of money.
- (6) Subject to any exceptions specified in the designation, a person designated under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/29/4/enacted) is entitled to carry on, in relation to magistrates’ court proceedings, any activity specified in the designation which constitutes—
- (6) Subject to any exceptions specified in the designation, a person designated under subsection (4) is entitled to carry on, in relation to magistrates' court proceedings, any activity specified in the designation which constitutes—
- (a) the conduct of litigation, or
- (b) the exercise of a right of audience falling within subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/29/5/enacted).
- (b) the exercise of a right of audience falling within subsection (5).
- (7) For the purposes of subsection (5), a trial—
@@ -885,13 +885,13 @@
- (8) In this section—
- “bail in criminal proceedings”— in relation to England and Wales, has the same meaning as in section 1 of the [Bail Act 1976 (c. 63)](https://www.legislation.gov.uk/ukpga/1976/63) (see subsection (1) of that section); in relation to Northern Ireland, means bail within the meaning of Part 2 of the Criminal Justice (Northern Ireland) Order 2003 ([S.I. 2003/1247 (N.I. 13)](https://www.legislation.gov.uk/nisi/2003/1247));
- “conduct of litigation” has the meaning given by paragraph 4 of Schedule 2 to the [Legal Services Act 2007 (c. 29)](https://www.legislation.gov.uk/ukpga/2007/29);
- “magistrates’ court proceedings” means proceedings before a magistrates’ court in England, Wales or Northern Ireland;
- “right of audience” has the meaning given by paragraph 3 of Schedule 2 to the [Legal Services Act 2007](https://www.legislation.gov.uk/ukpga/2007/29).
- “bail in criminal proceedings”—in relation to England and Wales, has the same meaning as in section 1 of the Bail Act 1976 (c. 63) (see subsection (1) of that section);in relation to Northern Ireland, means bail within the meaning of Part 2 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13));
- “*conduct of litigation*” has the meaning given by paragraph 4 of Schedule 2 to the Legal Services Act 2007 (c. 29);
- “magistrates' court proceedings” means proceedings before a magistrates' court in England, Wales or Northern Ireland;
- “*right of audience*” has the meaning given by paragraph 3 of Schedule 2 to the Legal Services Act 2007.
#### Continuation of certain existing prosecutions
@@ -905,31 +905,31 @@
may be continued on or after that day by the MMO.
- (2) In this section “the fisheries legislation” means—
- (2) In this section “*the fisheries legislation*” means—
- (a) any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));
- (b) any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.
- (3) “The fisheries legislation” does not include—
- (a) the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51);
- (b) the [Salmon Act 1986 (c. 62)](https://www.legislation.gov.uk/ukpga/1986/62);
- (c) byelaws made by the Environment Agency under Schedule 25 to the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57);
- (d) the Scotland Act 1998 (Border Rivers) Order 1999 ([S.I. 1999/1746](https://www.legislation.gov.uk/uksi/1999/1746));
- (3) “*The fisheries legislation*” does not include—
- (a) the Salmon and Freshwater Fisheries Act 1975 (c. 51);
- (b) the Salmon Act 1986 (c. 62);
- (c) byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);
- (d) the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);
- (e) byelaws made by an inshore fisheries and conservation authority under section 155.
- (4) In this section—
- “the appropriate commencement date” means— in relation to an offence falling within paragraph (a) of subsection (1), the date on which the function to which the offence relates is transferred to the MMO; in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;
- “enforceable EU obligation” means an obligation to which section 2(1) of the [European Communities Act 1972 (c. 68)](https://www.legislation.gov.uk/ukpga/1972/68) applies;
- “enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.
- “*the appropriate commencement date*” means—in relation to an offence falling within paragraph (a) of subsection (1), the date on which the function to which the offence relates is transferred to the MMO;in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;
- “*enforceable EU obligation*” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;
- “*enforceable EU restriction*” means a restriction to which section 2(1) of that Act applies.
#### Incidental powers
@@ -959,7 +959,7 @@
- (1) The Secretary of State may make payments by way of grant to the MMO.
- (2) Any payments under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/32/1/enacted) are to be—
- (2) Any payments under subsection (1) are to be—
- (a) of such amounts,
@@ -987,9 +987,9 @@
- (b) from persons other than the Secretary of State, by way of overdraft or otherwise.
- (4) The MMO may borrow by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/33/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/33/3/b/enacted) only if the Secretary of State consents.
- (5) Any consent under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/33/4/enacted) may be given subject to conditions.
- (4) The MMO may borrow by virtue of subsection (3)(b) only if the Secretary of State consents.
- (5) Any consent under subsection (4) may be given subject to conditions.
#### Limit on borrowing
@@ -997,15 +997,15 @@
- (1) The aggregate amount outstanding in respect of the principal of sums borrowed by the MMO must not at any time exceed £20 million.
- (2) The Secretary of State may by order amend subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/34/1/enacted) so as to substitute for the sum for the time being there specified such sum as may be specified in the order.
- (3) The sum specified in an order under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/34/2/enacted) must be a sum—
- (2) The Secretary of State may by order amend subsection (1) so as to substitute for the sum for the time being there specified such sum as may be specified in the order.
- (3) The sum specified in an order under subsection (2) must be a sum—
- (a) greater than £20 million, but
- (b) not greater than £80 million.
- (4) A statutory instrument containing an order under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/34/2/enacted) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
- (4) A statutory instrument containing an order under subsection (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
#### Government loans
@@ -1031,7 +1031,7 @@
- (6) The Comptroller and Auditor General must—
- (a) examine, certify and report on each account sent under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/35/5/enacted), and
- (a) examine, certify and report on each account sent under subsection (5), and
- (b) send a copy of the certified account and of the report to the Secretary of State as soon as possible;
@@ -1049,13 +1049,13 @@
- (c) the discharge of any other financial obligation in connection with any such sum.
- (2) A guarantee under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/36/1/enacted) may be given in such manner, and on such conditions, as the Secretary of State may think fit.
- (3) If a guarantee is given under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/36/1/enacted), the Secretary of State must lay a statement of the guarantee before each House of Parliament.
- (2) A guarantee under subsection (1) may be given in such manner, and on such conditions, as the Secretary of State may think fit.
- (3) If a guarantee is given under subsection (1), the Secretary of State must lay a statement of the guarantee before each House of Parliament.
- (4) Where any sum is paid out for fulfilling a guarantee under this section, the Secretary of State must, as soon as reasonably practicable after the end of each financial year in the relevant period, lay before each House of Parliament a statement relating to that sum.
- (5) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/36/4/enacted), the relevant period is the period which—
- (5) For the purposes of subsection (4), the relevant period is the period which—
- (a) begins with the financial year in which the sum is paid out, and
@@ -1067,7 +1067,7 @@
- (b) payments of interest, at such rate as the Secretary of State may so direct, on what is outstanding for the time being in respect of sums so paid out.
- (7) Payments under subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/36/6/enacted) are to be made—
- (7) Payments under subsection (6) are to be made—
- (a) at such times, and
@@ -1081,7 +1081,7 @@
##### 37
- (1) The Secretary of State may give the MMO general or specific directions with respect to the exercise of any of the MMO’s functions.
- (1) The Secretary of State may give the MMO general or specific directions with respect to the exercise of any of the MMO's functions.
- (2) The Secretary of State may also give the MMO such general or specific directions as the Secretary of State considers appropriate for the implementation of any obligations of the United Kingdom under—
@@ -1091,7 +1091,7 @@
- (3) Before giving directions under this section, the Secretary of State must consult the MMO.
- (4) Consultation under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/37/3/enacted) is not required if the Secretary of State considers that there is an emergency.
- (4) Consultation under subsection (3) is not required if the Secretary of State considers that there is an emergency.
- (5) The MMO must comply with any directions given to it under this section.
@@ -1101,13 +1101,13 @@
- (8) Copies of any directions given under this section are to be made available by the MMO to members of the public on payment of such reasonable fee as the MMO may determine.
- (9) Until the coming into force of Part 2 of the Schedule to the [European Union (Amendment) Act 2008 (c. 7)](https://www.legislation.gov.uk/ukpga/2008/7) the reference in subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/37/2/a/enacted) to the EU Treaties is to be read as a reference to the Community Treaties.
- (9) Until the coming into force of Part 2 of the Schedule to the European Union (Amendment) Act 2008 (c. 7) the reference in subsection (2)(a) to the EU Treaties is to be read as a reference to the Community Treaties.
#### Guidance by the Secretary of State
##### 38
- (1) The Secretary of State may give the MMO guidance with respect to the exercise of any of the MMO’s functions.
- (1) The Secretary of State may give the MMO guidance with respect to the exercise of any of the MMO's functions.
- (2) The MMO must have regard to any guidance given to it under this Act by the Secretary of State.
@@ -1149,11 +1149,11 @@
- (5) In this section and Schedule 3—
- “designated”, in relation to a scheme, means specified or described in, or determined in accordance with, the scheme;
- “statutory body” means any body or person established by or under any enactment;
- “transfer date”, in relation to any property, rights or liabilities, means a date specified by a scheme as the date on which the scheme is to have effect in relation to that property or those rights or liabilities.
- “*designated*”, in relation to a scheme, means specified or described in, or determined in accordance with, the scheme;
- “*statutory body*” means any body or person established by or under any enactment;
- “*transfer date*”, in relation to any property, rights or liabilities, means a date specified by a scheme as the date on which the scheme is to have effect in relation to that property or those rights or liabilities.
- (6) Schedule 3 makes further provision relating to schemes under this section.
@@ -1171,7 +1171,7 @@
to provide to the MMO on a temporary basis such staff, premises or other facilities as may be specified in the notice.
- (2) In this section “statutory body” means any body or person established by or under any enactment.
- (2) In this section “*statutory body*” means any body or person established by or under any enactment.
## Part 2 — Exclusive economic zone, UK marine area and Welsh zone
@@ -1187,11 +1187,11 @@
- (4) The Secretary of State may by order designate the whole or any part of the exclusive economic zone as an area in relation to which the Scottish Ministers, the Welsh Ministers or any Northern Ireland department are to have functions.
- (5) In any enactment or instrument passed or made after the coming into force of an Order in Council made under this section, any reference to the United Kingdom’s exclusive economic zone is to be read as a reference to any area designated in the Order in Council.
- (5) In any enactment or instrument passed or made after the coming into force of an Order in Council made under this section, any reference to the United Kingdom's exclusive economic zone is to be read as a reference to any area designated in the Order in Council.
- (6) An Order in Council under this section may include incidental, consequential, supplementary or transitional provision or savings.
- (7) In this section “the Convention” means the United Nations Convention on the Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
- (7) In this section “*the Convention*” means the United Nations Convention on the Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
- (8) Part 1 of Schedule 4 (which contains amendments consequential on this section) has effect.
@@ -1205,19 +1205,19 @@
- (b) any area of sea within the limits of the exclusive economic zone,
- (c) the area of sea within the limits of the UK sector of the continental shelf (so far as not falling within the area mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/42/1/b/enacted), and see also subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/42/2/enacted)),
- (c) the area of sea within the limits of the UK sector of the continental shelf (so far as not falling within the area mentioned in paragraph (b), and see also subsection (2)),
and includes the bed and subsoil of the sea within those areas.
- (2) The area of sea mentioned in subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/42/1/c/enacted) is to be treated as part of the UK marine area for any purpose only to the extent that such treatment for that purpose does not contravene any international obligation binding on the United Kingdom or Her Majesty’s government.
- (3) In this section “sea” includes—
- (2) The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK marine area for any purpose only to the extent that such treatment for that purpose does not contravene any international obligation binding on the United Kingdom or Her Majesty's government.
- (3) In this section “*sea*” includes—
- (a) any area submerged at mean high water spring tide, and
- (b) the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.
- (4) The area of sea referred to in subsection [(3)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/42/3/a/enacted) includes waters in any area—
- (4) The area of sea referred to in subsection (3)(a) includes waters in any area—
- (a) which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but
@@ -1225,18 +1225,20 @@
- (c) from which seawater is caused or permitted to flow, whether continuously or from time to time.
- (5) Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/42/1/b/enacted) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
- (5) Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (1)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
#### Welsh zone
##### 43
- (1) Section 158 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) (interpretation) is amended as follows.
- (1) Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is amended as follows.
- (2) In subsection (1) after the definition of “Wales” insert
> , and
> - Welsh zone” means the sea adjacent to Wales which is— within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and specified in an Order in Council under section 58 or an order under subsection (3).
> Welsh zone” means the sea adjacent to Wales which is—
> (a) within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and
> (b) specified in an Order in Council under section 58 or an order under subsection (3).
- (3) For subsection (3) substitute—
@@ -1272,7 +1274,7 @@
- (3) If to any extent a policy stated in an MPS conflicts with any other statement or information in the MPS, that conflict must be resolved in favour of the policy.
- (4) In this Part “policy authority” means any of the following—
- (4) In this Part “*policy authority*” means any of the following—
- (a) the Secretary of State;
@@ -1296,7 +1298,7 @@
- (c) the Secretary of State.
- (2) An MPS must not be prepared by the Secretary of State acting alone under subsection [(1)(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/45/1/c/enacted) unless the Secretary of State has first invited each of the other policy authorities to participate in the preparation of an MPS.
- (2) An MPS must not be prepared by the Secretary of State acting alone under subsection (1)(c) unless the Secretary of State has first invited each of the other policy authorities to participate in the preparation of an MPS.
- (3) A later MPS replaces an earlier MPS, whether or not the later MPS is prepared and adopted by the same policy authorities that prepared and adopted the earlier MPS.
@@ -1336,15 +1338,15 @@
- (2) Before arranging to publish any such notice, the policy authority must inform each of the other policy authorities that it intends to do so.
- (3) If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from the date of the Secretary of State’s withdrawal.
- (4) If any other policy authority withdraws from an MPS, then, as from the date of the authority’s withdrawal, the authority is to be treated for the purposes of this Part as if it were not one of the policy authorities which adopted and published the MPS.
- (3) If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from the date of the Secretary of State's withdrawal.
- (4) If any other policy authority withdraws from an MPS, then, as from the date of the authority's withdrawal, the authority is to be treated for the purposes of this Part as if it were not one of the policy authorities which adopted and published the MPS.
- (5) If the Secretary of State withdraws from an MPS, the Secretary of State must take such further steps as the Secretary of State considers appropriate to secure that the withdrawal of the MPS is brought to the attention of interested persons.
- (6) If any other policy authority withdraws from an MPS, it must take such further steps as it considers appropriate to secure that its withdrawal from the MPS is brought to the attention of interested persons.
- (7) An MPS which is withdrawn by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/48/3/enacted) ceases to have effect as from the date of the withdrawal.
- (7) An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as from the date of the withdrawal.
- (8) Where a policy authority withdraws from an MPS, or an MPS is withdrawn by virtue of the withdrawal of the Secretary of State, the withdrawal does not affect—
@@ -1354,9 +1356,9 @@
- (9) In this section—
- “the Gazettes” means— the London Gazette, the Edinburgh Gazette, and the Belfast Gazette;
- “interested persons” means— any persons appearing to the policy authority to be likely to be interested in, or affected by, the withdrawal of or from the MPS; members of the general public.
- “*the Gazettes*” means—the London Gazette,the Edinburgh Gazette, andthe Belfast Gazette;
- “*interested persons*” means—any persons appearing to the policy authority to be likely to be interested in, or affected by, the withdrawal of or from the MPS;members of the general public.
### Chapter 2 — Marine plans
@@ -1408,7 +1410,7 @@
- (f) for the Northern Ireland offshore region, the Department of the Environment in Northern Ireland.
- (3) References to a marine plan authority’s region are to be construed accordingly.
- (3) References to a marine plan authority's region are to be construed accordingly.
#### Marine plans for marine plan areas
@@ -1422,7 +1424,7 @@
- (a) has been prepared and adopted for a marine plan area by the appropriate marine plan authority in accordance with Schedule 6,
- (b) states the authority’s policies (however expressed) for and in connection with the sustainable development of the area, and
- (b) states the authority's policies (however expressed) for and in connection with the sustainable development of the area, and
- (c) states that it is a marine plan prepared and adopted for the purposes of this section.
@@ -1436,13 +1438,13 @@
- (a) it has been adopted by the policy authority which is the marine plan authority whose region consists of or includes the area,
- (b) it has been published in accordance with paragraph [12](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/12/enacted) of Schedule 5,
- (b) it has been published in accordance with paragraph 12 of Schedule 5,
- (c) it has not been replaced or withdrawn, and
- (d) the policy authority mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/7/a/enacted) has not withdrawn from it.
As respects paragraphs [(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/7/c/enacted) and [(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/7/d/enacted), see also section 48(8) (effect of withdrawal of, or from, an MPS).
- (d) the policy authority mentioned in paragraph (a) has not withdrawn from it.
As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal of, or from, an MPS).
- (8) Unless prepared and adopted by the Secretary of State, a marine plan must state whether it includes provision relating to retained functions (see sections 59 and 60).
@@ -1470,11 +1472,11 @@
- (2) In this section—
- (a) subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/53/3/enacted) has effect where a marine plan authority decides to withdraw a marine plan;
- (b) subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/53/4/enacted) has effect where the Secretary of State decides to withdraw agreement to a marine plan;
- (c) subsections [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/53/5/enacted) and [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/53/6/enacted) make supplementary provision.
- (a) subsection (3) has effect where a marine plan authority decides to withdraw a marine plan;
- (b) subsection (4) has effect where the Secretary of State decides to withdraw agreement to a marine plan;
- (c) subsections (5) and (6) make supplementary provision.
- (3) If a marine plan authority decides to withdraw a marine plan—
@@ -1494,11 +1496,11 @@
- (6) In this section—
- “appropriate Gazette” means— the London Gazette, if the marine plan is for a marine plan area in the English inshore region or the Welsh inshore region; in any other case, each of the Gazettes;
- “the Gazettes” means— the London Gazette; the Edinburgh Gazette; and the Belfast Gazette;
- “interested persons” means— any persons appearing to the marine plan authority to be likely to be interested in, or affected by, the withdrawal of the marine plan, and members of the general public.
- “*appropriate Gazette*” means—the London Gazette, if the marine plan is for a marine plan area in the English inshore region or the Welsh inshore region;in any other case, each of the Gazettes;
- “*the Gazettes*” means—the London Gazette;the Edinburgh Gazette; andthe Belfast Gazette;
- “*interested persons*” means—any persons appearing to the marine plan authority to be likely to be interested in, or affected by, the withdrawal of the marine plan, andmembers of the general public.
#### Duty to keep relevant matters under review
@@ -1510,11 +1512,11 @@
- (b) the preparation, adoption, review, amendment or withdrawal of marine plans for those areas.
The reference in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/54/1/b/enacted) to review is a reference to the functions of the marine plan authority under section 61.
The reference in paragraph (b) to review is a reference to the functions of the marine plan authority under section 61.
- (2) The matters include—
- (a) the physical, environmental, social, cultural and economic characteristics of the authority’s region and of the living resources which the region supports;
- (a) the physical, environmental, social, cultural and economic characteristics of the authority's region and of the living resources which the region supports;
- (b) the purposes for which any part of the region is used;
@@ -1528,7 +1530,7 @@
- (b) the effect that any such changes may have in relation to the sustainable development of the region, its natural resources, or the living resources dependent on the region.
- (4) The reference in subsection [(2)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/54/2/a/enacted) to the cultural characteristics of the authority’s region includes a reference to characteristics of that region which are of a historic or archaeological nature.
- (4) The reference in subsection (2)(a) to the cultural characteristics of the authority's region includes a reference to characteristics of that region which are of a historic or archaeological nature.
### Chapter 3 — Delegation of functions relating to marine plans
@@ -1552,7 +1554,7 @@
- (b) is to be taken to have all the powers necessary to do so.
- (5) In this section “delegable marine plan functions” means—
- (5) In this section “*delegable marine plan functions*” means—
- (a) functions under Chapter 2 of this Part (marine plans), and
@@ -1562,19 +1564,19 @@
- (6) The “excepted functions” are the following functions of a marine plan authority—
- (a) deciding under paragraph [15](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted) of Schedule 6 whether to publish a marine plan or any amendment of a marine plan;
- (a) deciding under paragraph 15 of Schedule 6 whether to publish a marine plan or any amendment of a marine plan;
- (b) deciding under section 53 whether to withdraw a marine plan.
- (7) No direction may be given under this section in respect of any of the following functions of the Secretary of State—
- (a) deciding under paragraph [5](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/enacted) of Schedule 6 whether to give agreement to a statement of public participation;
- (b) deciding under paragraph [7](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/7/enacted) of that Schedule whether to give agreement to a revised statement of public participation;
- (c) deciding under paragraph [11](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/11/enacted) of that Schedule whether to give agreement to a consultation draft;
- (d) deciding under paragraph [15](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted) of that Schedule whether to give agreement to a marine plan;
- (a) deciding under paragraph 5 of Schedule 6 whether to give agreement to a statement of public participation;
- (b) deciding under paragraph 7 of that Schedule whether to give agreement to a revised statement of public participation;
- (c) deciding under paragraph 11 of that Schedule whether to give agreement to a consultation draft;
- (d) deciding under paragraph 15 of that Schedule whether to give agreement to a marine plan;
- (e) deciding under section 53 whether to withdraw agreement previously given under that paragraph to a marine plan.
@@ -1586,7 +1588,7 @@
- (2) For so long as a direction given and published under that section remains in force, the designated functions are exercisable by or in relation to the public body acting on behalf of the authority (and are not exercisable by or in relation to the authority).
- (3) Subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/56/2/enacted) is subject to any provision to the contrary which—
- (3) Subsection (2) is subject to any provision to the contrary which—
- (a) is made by the direction, or
@@ -1646,11 +1648,11 @@
- (d) any decision relating to the enforcement of any such authorisation or any such conditions,
- (e) any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/58/4/a/enacted),
but does not include any decision on an application for an order granting development consent under the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29) (in relation to which subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/58/3/enacted) has effect accordingly).
- (5) In section 104(2) of the [Planning Act 2008](https://www.legislation.gov.uk/ukpga/2008/29) (matters to which Panel or Council must have regard in deciding application for order granting development consent) after paragraph (a) insert—
- (e) any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph (a),
but does not include any decision on an application for an order granting development consent under the Planning Act 2008 (c. 29) (in relation to which subsection (3) has effect accordingly).
- (5) In section 104(2) of the Planning Act 2008 (matters to which Panel or Council must have regard in deciding application for order granting development consent) after paragraph (a) insert—
> (aa) the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;
@@ -1658,11 +1660,11 @@
- (6) In this section—
- “act” includes omission;
- “appropriate marine policy document” is to be read in accordance with section 59;
- “authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.
- “*act*” includes omission;
- “*appropriate marine policy document*” is to be read in accordance with section 59;
- “*authorisation*” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.
#### The appropriate marine policy documents
@@ -1672,15 +1674,15 @@
- (2) For that purpose—
- (a) subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/59/3/enacted) has effect, subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/59/4/enacted), for determining whether any marine plan is an appropriate marine policy document, and
- (b) subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/59/5/enacted) has effect for determining whether an MPS is an appropriate marine policy document.
- (a) subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and
- (b) subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.
- (3) To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.
- (4) A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—
- (a) it contains a statement under section 51[(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/8/enacted) that it includes provision relating to retained functions,
- (a) it contains a statement under section 51(8) that it includes provision relating to retained functions,
- (b) it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and
@@ -1700,7 +1702,7 @@
- (f) any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.
- (6) For the purposes of subsection [(5)(f)](https://www.legislation.gov.uk/ukpga/2009/23/section/59/5/f/enacted)—
- (6) For the purposes of subsection (5)(f)—
- (a) the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and
@@ -1708,25 +1710,25 @@
- (7) In this section—
- “adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));
- “Counsel General” means the Counsel General to the Welsh Assembly Government;
- “devolved marine planning region” means any marine planning region other than— the English inshore region, and the English offshore region;
- “devolved policy authority” means— the Scottish Ministers; the Welsh Ministers; the Department of the Environment in Northern Ireland;
- “First Minister” has the same meaning as in the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32);
- “non-departmental public authority” means any public authority other than— a Minister of the Crown or government department; the Scottish Ministers; the Welsh Ministers, the First Minister or the Counsel General; a Northern Ireland Minister or a Northern Ireland department;
- “Northern Ireland Minister”— has the same meaning as in the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47), but includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “primary devolved authority”, in relation to a devolved policy authority, means— in the case of the Welsh Ministers, the First Minister or the Counsel General; in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;
- “*adopted*”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));
- “*Counsel General*” means the Counsel General to the Welsh Assembly Government;
- “*devolved marine planning region*” means any marine planning region other than—the English inshore region, andthe English offshore region;
- “*devolved policy authority*” means—the Scottish Ministers;the Welsh Ministers;the Department of the Environment in Northern Ireland;
- “*First Minister*” has the same meaning as in the Government of Wales Act 2006 (c. 32);
- “*non-departmental public authority*” means any public authority other than—a Minister of the Crown or government department;the Scottish Ministers;the Welsh Ministers, the First Minister or the Counsel General;a Northern Ireland Minister or a Northern Ireland department;
- “Northern Ireland Minister”—has the same meaning as in the Northern Ireland Act 1998 (c. 47), butincludes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “*primary devolved authority*”, in relation to a devolved policy authority, means—in the case of the Welsh Ministers, the First Minister or the Counsel General;in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;
- “retained functions” is defined for the purposes of this Part in section 60;
- “secondary devolved functions” has the same meaning as in section 60.
- “*secondary devolved functions*” has the same meaning as in section 60.
#### Meaning of “retained functions” etc
@@ -1746,13 +1748,13 @@
- (2) In this section—
- “Northern Ireland government functions” means— any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9)); any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department; the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;
- “Scottish Ministerial functions” means— any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions; any concurrent functions, so far as exercised by the Scottish Ministers; the function exercised by the Scottish Ministers when exercising a joint function;
- “Welsh Ministerial functions” means— any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions; any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General; the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function.
- (3) “Secondary devolved functions” means—
- “*Northern Ireland government functions*” means—any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9));any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department;the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;
- “*Scottish Ministerial functions*” means—any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions;any concurrent functions, so far as exercised by the Scottish Ministers;the function exercised by the Scottish Ministers when exercising a joint function;
- “*Welsh Ministerial functions*” means—any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions;any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General;the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function.
- (3) “*Secondary devolved functions*” means—
- (a) as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish functions;
@@ -1764,15 +1766,15 @@
- (4) In this section—
- “secondary devolved Northern Ireland functions” means any of the following— any functions exercisable by a Northern Ireland non-departmental public authority; any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47));
- “secondary devolved Scottish functions” means any of the following— any functions exercisable by a Scottish non-departmental public authority; any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46));
- “secondary devolved Welsh functions” means any of the following— any functions exercisable by a Welsh non-departmental public authority; any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales; any functions exercisable by a non-departmental public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales;
- “*secondary devolved Northern Ireland functions*” means any of the following—any functions exercisable by a Northern Ireland non-departmental public authority;any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998 (c. 47));
- “*secondary devolved Scottish functions*” means any of the following—any functions exercisable by a Scottish non-departmental public authority;any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998 (c. 46));
- “*secondary devolved Welsh functions*” means any of the following—any functions exercisable by a Welsh non-departmental public authority;any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales;any functions exercisable by a non-departmental public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales;
but the definitions in this subsection are subject to subsection (6) (which excludes certain functions in relation to which functions are exercisable by a Minister of the Crown or government department).
- (5) “Relevant ancillary functions” means any functions exercisable by a non-departmental public authority in relation to any of the following—
- (5) “*Relevant ancillary functions*” means any functions exercisable by a non-departmental public authority in relation to any of the following—
- (a) a Scottish Ministerial function;
@@ -1806,39 +1808,39 @@
- (8) The functions mentioned in subsection (7)(c) are—
- (a) functions under section 2(2) of the [European Communities Act 1972 (c. 68)](https://www.legislation.gov.uk/ukpga/1972/68);
- (b) functions by virtue of section 57(1) of the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46) (Community obligations) or under section 58 of that Act (international obligations);
- (c) functions under section 26 or 27 of the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47) (international obligations and quotas for international obligations);
- (d) functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) (Community obligations) or under section 82 of that Act (international obligations etc);
- (a) functions under section 2(2) of the European Communities Act 1972 (c. 68);
- (b) functions by virtue of section 57(1) of the Scotland Act 1998 (c. 46) (Community obligations) or under section 58 of that Act (international obligations);
- (c) functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) (international obligations and quotas for international obligations);
- (d) functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, the Government of Wales Act 2006 (c. 32) (Community obligations) or under section 82 of that Act (international obligations etc);
- (e) functions under section 152 of that Act (intervention in case of functions relating to water etc).
- (9) In this section—
- “concurrent function” means a function exercisable concurrently with a Minister of the Crown or government department;
- “Counsel General” means the Counsel General to the Welsh Assembly Government;
- “devolved policy authority” means— the Scottish Ministers; the Welsh Ministers; the Department of the Environment in Northern Ireland;
- “First Minister” has the same meaning as in the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32);
- “joint function” means a function exercisable jointly with a Minister of the Crown or government department;
- “non-departmental public authority” has the same meaning as in section 59;
- “Northern Ireland Minister”— has the same meaning as in the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47), but includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “Northern Ireland non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;
- “primary devolved authority” means any of the following— the Scottish Ministers; the Welsh Ministers, the First Minister or the Counsel General; a Northern Ireland Minister or a Northern Ireland department;
- “Scottish non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;
- “Welsh non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.
- “*concurrent function*” means a function exercisable concurrently with a Minister of the Crown or government department;
- “*Counsel General*” means the Counsel General to the Welsh Assembly Government;
- “*devolved policy authority*” means—the Scottish Ministers;the Welsh Ministers;the Department of the Environment in Northern Ireland;
- “*First Minister*” has the same meaning as in the Government of Wales Act 2006 (c. 32);
- “*joint function*” means a function exercisable jointly with a Minister of the Crown or government department;
- “*non-departmental public authority*” has the same meaning as in section 59;
- “Northern Ireland Minister”—has the same meaning as in the Northern Ireland Act 1998 (c. 47), butincludes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “*Northern Ireland non-departmental public authority*” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;
- “*primary devolved authority*” means any of the following—the Scottish Ministers;the Welsh Ministers, the First Minister or the Counsel General;a Northern Ireland Minister or a Northern Ireland department;
- “*Scottish non-departmental public authority*” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;
- “*Welsh non-departmental public authority*” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.
### Monitoring and reporting
@@ -1848,9 +1850,9 @@
- (1) This section makes provision for and in connection with imposing the following duties on a marine plan authority—
- (a) where it has prepared and adopted a marine plan, a duty to keep the matters specified in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/3/enacted) under review for so long as the marine plan is in effect (see subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/3/enacted));
- (b) in any such case, a duty to prepare and publish, and lay a copy of, a report on those matters at intervals of not more than 3 years (see subsections [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/4/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/9/enacted));
- (a) where it has prepared and adopted a marine plan, a duty to keep the matters specified in subsection (3) under review for so long as the marine plan is in effect (see subsections (2) and (3));
- (b) in any such case, a duty to prepare and publish, and lay a copy of, a report on those matters at intervals of not more than 3 years (see subsections (4) to (9));
- (c) in any case, a duty to prepare, and lay, at intervals of not more than 6 years ending before 1st January 2030, a report on—
@@ -1860,9 +1862,9 @@
- (iii) its intentions for the preparation and adoption of any further marine plans,
(see subsections [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/10/enacted) to [(13)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/13/enacted)).
- (2) For so long as a marine plan is in effect, the marine plan authority must keep under review each of the matters in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/3/enacted).
(see subsections (10) to (13)).
- (2) For so long as a marine plan is in effect, the marine plan authority must keep under review each of the matters in subsection (3).
- (3) The matters are—
@@ -1872,17 +1874,17 @@
- (c) the progress being made towards securing those objectives;
- (d) if an MPS governs marine planning for the marine plan authority’s region, the progress being made towards securing that the objectives for which the MPS was prepared and adopted are met in that region.
- (4) The marine plan authority must from time to time prepare and publish a report on the matters kept under review pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/2/enacted).
- (5) Where the marine plan authority publishes a report under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/4/enacted), the authority must lay a copy of the report before the appropriate legislature.
- (6) After publishing a report under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/4/enacted), the marine plan authority must decide whether or not to amend or replace the marine plan.
- (7) The first report under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/4/enacted) must be published before the expiration of 3 years beginning with the date on which the marine plan was adopted.
- (8) After the publication of the first report under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/4/enacted), successive reports under that subsection must be published at intervals of no more than 3 years following the date of publication of the previous report.
- (d) if an MPS governs marine planning for the marine plan authority's region, the progress being made towards securing that the objectives for which the MPS was prepared and adopted are met in that region.
- (4) The marine plan authority must from time to time prepare and publish a report on the matters kept under review pursuant to subsection (2).
- (5) Where the marine plan authority publishes a report under subsection (4), the authority must lay a copy of the report before the appropriate legislature.
- (6) After publishing a report under subsection (4), the marine plan authority must decide whether or not to amend or replace the marine plan.
- (7) The first report under subsection (4) must be published before the expiration of 3 years beginning with the date on which the marine plan was adopted.
- (8) After the publication of the first report under subsection (4), successive reports under that subsection must be published at intervals of no more than 3 years following the date of publication of the previous report.
- (9) Any reference in this section to the replacement of a marine plan is a reference to—
@@ -1898,11 +1900,11 @@
- (c) describes any intentions the authority may have for the preparation and adoption of any further marine plans.
- (11) The first report prepared under subsection [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/10/enacted) by each marine plan authority must be laid before the appropriate legislature before the expiration of the period of 6 years beginning with the date of the passing of this Act.
- (12) After a marine plan authority has prepared and laid its first report under subsection [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/10/enacted), it must prepare and lay successive reports under that subsection at intervals of no more than 6 years following the laying of the previous report.
- (13) No report under subsection [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/61/10/enacted) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030.
- (11) The first report prepared under subsection (10) by each marine plan authority must be laid before the appropriate legislature before the expiration of the period of 6 years beginning with the date of the passing of this Act.
- (12) After a marine plan authority has prepared and laid its first report under subsection (10), it must prepare and lay successive reports under that subsection at intervals of no more than 6 years following the laying of the previous report.
- (13) No report under subsection (10) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030.
- (14) For the purposes of this section, the “appropriate legislature” is—
@@ -1932,7 +1934,7 @@
- (d) any amendment of a marine plan.
- (2) Anything falling within the paragraphs of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/62/1/enacted) is referred to in this section as a “relevant document”.
- (2) Anything falling within the paragraphs of subsection (1) is referred to in this section as a “*relevant document*”.
- (3) A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.
@@ -1946,13 +1948,13 @@
- (6) In this section—
- “the appropriate court” means— the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region; in any other case, any superior court in the United Kingdom;
- “the appropriate powers” means— in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part; in the case of a marine plan or an amendment of a marine plan, the powers conferred by— Chapter 2 of this Part, or section 55 (delegation);
- “procedural requirement” means any requirement— under the appropriate powers, or in directions under section 55 or 57, which relates to the preparation, adoption or publication of a relevant document;
- “superior court in the United Kingdom” means any of the following— the High Court; the Court of Session.
- “*the appropriate court*” means—the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;in any other case, any superior court in the United Kingdom;
- “*the appropriate powers*” means—in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;in the case of a marine plan or an amendment of a marine plan, the powers conferred by—Chapter 2 of this Part, orsection 55 (delegation);
- “*procedural requirement*” means any requirement—under the appropriate powers, orin directions under section 55 or 57,which relates to the preparation, adoption or publication of a relevant document;
- “*superior court in the United Kingdom*” means any of the following—the High Court;the Court of Session.
#### Powers of the court on an application under section 62
@@ -1968,7 +1970,7 @@
An interim order has effect until the proceedings are finally determined.
- (3) Subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/63/4/enacted) applies if the court is satisfied as to any of the following—
- (3) Subsection (4) applies if the court is satisfied as to any of the following—
- (a) that a relevant document is to any extent outside the appropriate powers;
@@ -1980,9 +1982,9 @@
- (b) remit the relevant document to a body or person with a function relating to its preparation, adoption or publication.
- (5) If the court remits the relevant document under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/63/4/b/enacted), it may give directions as to the action to be taken in relation to the relevant document.
- (6) Directions under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/63/5/enacted) may in particular—
- (5) If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.
- (6) Directions under subsection (5) may in particular—
- (a) require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;
@@ -1992,7 +1994,7 @@
- (d) require action to be taken by one body or person to depend on what action has been taken by another body or person.
- (7) The court’s powers under subsections [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/63/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/63/5/enacted) are exercisable in relation to the whole or any part of the relevant document.
- (7) The court's powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.
- (8) Expressions used in this section and in section 62 have the same meaning in this section as they have in that section.
@@ -2004,21 +2006,21 @@
- (1) In this Part—
- “adopted” is to be read— in the case of an MPS, in accordance with section 44 and paragraph [12](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/12/enacted) of Schedule 5, in the case of a marine plan, in accordance with section 51 and paragraph [15](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted) of Schedule 6, and related expressions are to be construed accordingly;
- “marine plan” has the meaning given in section 51;
- “marine plan area” is to be read in accordance with section 51;
- “marine plan authority” is to be read in accordance with section 50;
- “marine planning region” is to be read in accordance with section 49;
- “policy authority” has the meaning given in section 44;
- “retained functions” has the meaning given in section 60.
- (2) Any reference in this Part to an MPS governing marine planning for an area is to be construed in accordance with section 51[(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/7/enacted).
- “adopted” is to be read—in the case of an MPS, in accordance with section 44 and paragraph 12 of Schedule 5,in the case of a marine plan, in accordance with section 51 and paragraph 15 of Schedule 6,and related expressions are to be construed accordingly;
- “*marine plan*” has the meaning given in section 51;
- “*marine plan area*” is to be read in accordance with section 51;
- “*marine plan authority*” is to be read in accordance with section 50;
- “*marine planning region*” is to be read in accordance with section 49;
- “*policy authority*” has the meaning given in section 44;
- “*retained functions*” has the meaning given in section 60.
- (2) Any reference in this Part to an MPS governing marine planning for an area is to be construed in accordance with section 51(7).
- (3) This Part binds the Crown.
@@ -2038,7 +2040,7 @@
except in accordance with a marine licence granted by the appropriate licensing authority.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/65/1/enacted) is subject to any provision made by or under sections 74 to 77 (exemptions).
- (2) Subsection (1) is subject to any provision made by or under sections 74 to 77 (exemptions).
#### Licensable marine activities
@@ -2046,28 +2048,28 @@
- (1) For the purposes of this Part, it is a licensable marine activity to do any of the following—
| 1. | To deposit any substance or object within the UK marine licensing area, either in the sea or on or under the sea bed, from— any vehicle, vessel, aircraft or marine structure, any container floating in the sea, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea. |
| 1. | To deposit any substance or object within the UK marine licensing area, either in the sea or on or under the sea bed, from—any vehicle, vessel, aircraft or marine structure,any container floating in the sea, orany structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea. |
| --- | --- |
| 2. | To deposit any substance or object anywhere in the sea or on or under the sea bed from— a British vessel, British aircraft or British marine structure, or a container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure. |
| 3. | To deposit any substance or object anywhere in the sea or on or under the sea bed from a vehicle, vessel, aircraft, marine structure or floating container which was loaded with the substance or object— in any part of the United Kingdom except Scotland, or in the UK marine licensing area. |
| 2. | To deposit any substance or object anywhere in the sea or on or under the sea bed from—a British vessel, British aircraft or British marine structure, ora container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure. |
| 3. | To deposit any substance or object anywhere in the sea or on or under the sea bed from a vehicle, vessel, aircraft, marine structure or floating container which was loaded with the substance or object—in any part of the United Kingdom except Scotland, orin the UK marine licensing area. |
| 4. | To scuttle any vessel or floating container in the UK marine licensing area. |
| 5. | To scuttle any vessel or floating container anywhere at sea, if the scuttling is controlled from a British vessel, British aircraft or British marine structure. |
| 6. | To scuttle any vessel or floating container anywhere at sea, if the vessel or container has been towed or propelled, for the purpose of that scuttling,— from any part of the United Kingdom except Scotland, or from the UK marine licensing area, unless the towing or propelling began outside that area. |
| 7. | To construct, alter or improve any works within the UK marine licensing area either— in or over the sea, or on or under the sea bed. |
| 6. | To scuttle any vessel or floating container anywhere at sea, if the vessel or container has been towed or propelled, for the purpose of that scuttling,—from any part of the United Kingdom except Scotland, orfrom the UK marine licensing area, unless the towing or propelling began outside that area. |
| 7. | To construct, alter or improve any works within the UK marine licensing area either—in or over the sea, oron or under the sea bed. |
| 8. | To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area. |
| 9. | To carry out any form of dredging within the UK marine licensing area (whether or not involving the removal of any material from the sea or sea bed). |
| 10. | To deposit or use any explosive substance or article within the UK marine licensing area either in the sea or on or under the sea bed. |
| 11. | To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the UK marine licensing area. |
| 12. | To incinerate any substance or object anywhere at sea on— a British vessel or British marine structure, or a container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure. |
| 12. | To incinerate any substance or object anywhere at sea on—a British vessel or British marine structure, ora container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure. |
| 13. | To load a vehicle, vessel, aircraft, marine structure or floating container in any part of the United Kingdom except Scotland, or in the UK marine licensing area, with any substance or object for incineration anywhere at sea. |
- (2) In subsection (1)—
- (a) in item 9, “dredging” includes using any device to move any material (whether or not suspended in water) from one part of the sea or sea bed to another part;
- (b) in items 12 and 13, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11 and 12 “incinerate” is to be read accordingly).
- (3) The appropriate licensing authority for any area may by order amend subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/66/1/enacted) so as to add any activity to, or remove any activity from, the list of licensable marine activities as it has effect in that area.
- (a) in item 9, “*dredging*” includes using any device to move any material (whether or not suspended in water) from one part of the sea or sea bed to another part;
- (b) in items 12 and 13, “*incineration*” means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11 and 12 “incinerate” is to be read accordingly).
- (3) The appropriate licensing authority for any area may by order amend subsection (1) so as to add any activity to, or remove any activity from, the list of licensable marine activities as it has effect in that area.
- (4) For the purposes of this Part “the UK marine licensing area” consists of the UK marine area, other than the Scottish inshore region.
@@ -2081,7 +2083,7 @@
- (b) to be accompanied by a fee.
- (2) The fee that may be charged under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/67/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/67/1/b/enacted) is to be determined by, or in accordance with, regulations made by the appropriate licensing authority.
- (2) The fee that may be charged under subsection (1)(b) is to be determined by, or in accordance with, regulations made by the appropriate licensing authority.
- (3) A licensing authority may—
@@ -2099,7 +2101,7 @@
as in the opinion of the authority may be necessary or expedient to enable it to determine the application.
- (5) If the appropriate licensing authority carries out any investigation, examination or test (whether or not by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/67/4/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/67/4/c/enacted)) which in its opinion is necessary or expedient to enable it to determine an application, the authority may require the applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.
- (5) If the appropriate licensing authority carries out any investigation, examination or test (whether or not by virtue of subsection (4)(c)) which in its opinion is necessary or expedient to enable it to determine an application, the authority may require the applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.
- (6) If an applicant fails to comply with a requirement made by the appropriate licensing authority under this section, the authority may—
@@ -2117,43 +2119,43 @@
- (b) require the applicant to publish notice of it.
- (2) Publication under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/1/enacted) must be in such manner as the authority thinks is best calculated to bring the application to the attention of any persons likely to be interested in it.
- (3) If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/1/enacted)).
- (2) Publication under subsection (1) must be in such manner as the authority thinks is best calculated to bring the application to the attention of any persons likely to be interested in it.
- (3) If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection (1)).
- (4) The appropriate licensing authority must not proceed with an application unless—
- (a) notice has been published under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/1/enacted) (but see subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/7/enacted)), and
- (b) notice has been given under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/3/enacted) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/8/enacted)).
- (a) notice has been published under subsection (1) (but see subsection (7)), and
- (b) notice has been given under subsection (3) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection (8)).
- (5) If the appropriate licensing authority—
- (a) publishes notice of an application, in pursuance of subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/1/a/enacted), or
- (b) gives notice of an application to a local authority, in pursuance of subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/3/enacted),
- (a) publishes notice of an application, in pursuance of subsection (1)(a), or
- (b) gives notice of an application to a local authority, in pursuance of subsection (3),
the licensing authority may require the applicant to pay a fee towards the reasonable expenses of doing so.
- (6) If an applicant fails to comply with a requirement made by the authority under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/5/enacted), the authority may—
- (6) If an applicant fails to comply with a requirement made by the authority under subsection (5), the authority may—
- (a) refuse to proceed with the application, or
- (b) refuse to proceed with it until the failure is remedied.
- (7) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/1/enacted) does not apply in the case of any particular application if—
- (7) Subsection (1) does not apply in the case of any particular application if—
- (a) the authority considers that notice of the application should not be published, or
- (b) the Secretary of State certifies that in the opinion of the Secretary of State publication of notice of the application would be contrary to the interests of national security.
- (8) Subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/68/3/enacted) does not apply in the case of any particular application and any particular local authority if—
- (8) Subsection (3) does not apply in the case of any particular application and any particular local authority if—
- (a) the appropriate licensing authority considers that notice of the application should not be given to the local authority, or
- (b) the Secretary of State certifies that in the opinion of the Secretary of State it would be contrary to the interests of national security to give notice of the application to the local authority.
- (9) In this section “local authority” means—
- (9) In this section “*local authority*” means—
- (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
@@ -2185,7 +2187,7 @@
- (b) in relation to any particular application, consult any person or body which has particular expertise in any matter arising in relation to that application.
- (5) If the appropriate licensing authority consults any person or body under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/69/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/69/4/b/enacted), it must give the applicant the opportunity to make representations to the licensing authority about any observations made by the person or body.
- (5) If the appropriate licensing authority consults any person or body under subsection (4)(b), it must give the applicant the opportunity to make representations to the licensing authority about any observations made by the person or body.
- (6) A licensing authority may by regulations make further provision as to the procedure to be followed in connection with—
@@ -2193,7 +2195,7 @@
- (b) the grant by it of such licences.
- (7) The provision that may be made by virtue of subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/69/6/enacted) includes (in particular) provision as to—
- (7) The provision that may be made by virtue of subsection (6) includes (in particular) provision as to—
- (a) the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated);
@@ -2205,33 +2207,33 @@
- (1) The appropriate licensing authority may cause an inquiry to be held in connection with the determination of an application for a marine licence.
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted) is subject to the following provisions of this section.
- (3) Subsections (2) to (5) of section 250 of the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70) apply to any inquiry which the Secretary of State or the Welsh Ministers may cause to be held under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted) as they apply to inquiries under that section.
- (4) Subsections (2) to (8) of section 210 of the [Local Government (Scotland) Act 1973 (c. 65)](https://www.legislation.gov.uk/ukpga/1973/65) apply to any inquiry which the Scottish Ministers may cause to be held under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted) as they apply to inquiries under that section.
- (5) Schedule A1 to the Interpretation Act (Northern Ireland) [1954 (c. 33)](https://www.legislation.gov.uk/apni/1954/33) applies to any inquiry which the Department of the Environment in Northern Ireland may cause to be held under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted) as it applies to a local inquiry held under an enactment passed or made as mentioned in section 23 of that Act.
- (2) Subsection (1) is subject to the following provisions of this section.
- (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) apply to any inquiry which the Secretary of State or the Welsh Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.
- (4) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply to any inquiry which the Scottish Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.
- (5) Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to any inquiry which the Department of the Environment in Northern Ireland may cause to be held under subsection (1) as it applies to a local inquiry held under an enactment passed or made as mentioned in section 23 of that Act.
- (6) Where—
- (a) an inquiry is caused by a licensing authority to be held under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted), and
- (b) in the case of some other matter required or authorised to be the subject of an inquiry (“the other inquiry”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together,
- (a) an inquiry is caused by a licensing authority to be held under subsection (1), and
- (b) in the case of some other matter required or authorised to be the subject of an inquiry (“*the other inquiry*”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together,
the relevant authority or authorities may direct that the two inquiries be held concurrently or combined as one inquiry.
- (7) In subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/6/enacted) “the relevant authority or authorities” means the licensing authority or, where causing the other inquiry to be held is the function of some other person or body, the licensing authority and that other person or body acting jointly.
- (7) In subsection (6) “*the relevant authority or authorities*” means the licensing authority or, where causing the other inquiry to be held is the function of some other person or body, the licensing authority and that other person or body acting jointly.
- (8) If, in the case of any particular application, the Secretary of State certifies that it would in the opinion of the Secretary of State be contrary to the interests of national security—
- (a) if an inquiry under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/1/enacted) were to be held, or
- (a) if an inquiry under subsection (1) were to be held, or
- (b) if any members of the public, or any specified persons, were to be admitted to the inquiry or some specified part of it,
the inquiry is not to be held or, as the case may be, the public is not, or those persons are not, to be admitted to the inquiry or that part of it.
- (9) In subsection [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/70/8/enacted) “specified” means—
- (9) In subsection (8) “*specified*” means—
- (a) specified in the certificate, or
@@ -2249,7 +2251,7 @@
- (c) refuse the application.
- (2) The conditions that may be attached to a licence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/71/1/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/71/1/b/enacted) may relate to—
- (2) The conditions that may be attached to a licence under subsection (1)(b) may relate to—
- (a) the activities authorised by the licence;
@@ -2279,7 +2281,7 @@
- (6) A licensing authority must not grant a licence to carry on any activity which is contrary to international law.
- (7) In this section “specified” means specified in the licence in question.
- (7) In this section “*specified*” means specified in the licence in question.
#### Variation, suspension, revocation and transfer
@@ -2303,7 +2305,7 @@
- (d) for any other reason that appears to the authority to be relevant.
- (4) A suspension under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/72/1/enacted), [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/72/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/72/3/enacted) is for such period as the authority specifies in the notice of suspension.
- (4) A suspension under subsection (1), (2) or (3) is for such period as the authority specifies in the notice of suspension.
- (5) A licensing authority may by further notice extend the period of a suspension.
@@ -2315,7 +2317,7 @@
- (b) if it does so, must vary the licence accordingly.
- (8) A licence may not be transferred except in accordance with subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/72/7/enacted).
- (8) A licence may not be transferred except in accordance with subsection (7).
#### Appeals against licensing decisions
@@ -2323,7 +2325,7 @@
- (1) The appropriate licensing authority must by regulations make provision for any person who applies for a marine licence to appeal against a decision under section 71.
- (2) The regulations required by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/73/1/enacted) must come into force on the day on which this Part comes into force.
- (2) The regulations required by subsection (1) must come into force on the day on which this Part comes into force.
- (3) Regulations under this section may include—
@@ -2349,9 +2351,9 @@
- (b) which are not to need a marine licence if conditions specified in the order are satisfied.
- (2) The conditions that may be specified in an order under this section include conditions enabling the authority to require a person to obtain the authority’s approval before the person does anything for which a licence would be needed but for the order.
- (3) Approval under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/74/2/enacted) may be—
- (2) The conditions that may be specified in an order under this section include conditions enabling the authority to require a person to obtain the authority's approval before the person does anything for which a licence would be needed but for the order.
- (3) Approval under subsection (2) may be—
- (a) without conditions;
@@ -2373,41 +2375,41 @@
##### 75
- (1) A marine licence is not needed for a dredging or spoil disposal activity if the conditions in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/75/2/enacted) are met.
- (1) A marine licence is not needed for a dredging or spoil disposal activity if the conditions in subsection (2) are met.
- (2) The conditions are—
- (a) that the activity is undertaken by or on behalf of a harbour authority, and
- (b) that the activity is authorised by, and carried out in accordance with, any legislation falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/75/3/enacted).
- (b) that the activity is authorised by, and carried out in accordance with, any legislation falling within subsection (3).
- (3) The legislation is—
- (a) any local Act,
- (b) any order under section 14 or 16 of the [Harbours Act 1964 (c. 40)](https://www.legislation.gov.uk/ukpga/1964/40),
- (c) any order under section 1 of the [Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.))](https://www.legislation.gov.uk/apni/1970/1), or
- (b) any order under section 14 or 16 of the Harbours Act 1964 (c. 40),
- (c) any order under section 1 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)), or
- (d) section 10(3) of that Act.
- (4) In this section—
- “dredging or spoil disposal activity” means— any dredging operation, or the deposit of any dredged materials that result from an exempt dredging operation;
- “exempt dredging operation” means a dredging operation for which a marine licence is not needed by virtue of this section.
- “*dredging or spoil disposal activity*” means—any dredging operation, orthe deposit of any dredged materials that result from an exempt dredging operation;
- “*exempt dredging operation*” means a dredging operation for which a marine licence is not needed by virtue of this section.
#### Dredging in the Scottish zone
##### 76
- (1) Nothing in this Part applies to anything done, in the exercise of a function falling within subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/76/2/enacted), in relation to the extraction of minerals by dredging in the Scottish zone.
- (1) Nothing in this Part applies to anything done, in the exercise of a function falling within subsection (2), in relation to the extraction of minerals by dredging in the Scottish zone.
- (2) The functions are—
- (a) any function under Community law (within the meaning given by section 126(9) of the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46));
- (b) any of Her Majesty’s prerogative and other executive functions which is exercisable on behalf of Her Majesty by the Scottish Ministers.
- (a) any function under Community law (within the meaning given by section 126(9) of the Scotland Act 1998 (c. 46));
- (b) any of Her Majesty's prerogative and other executive functions which is exercisable on behalf of Her Majesty by the Scottish Ministers.
#### Oil and gas activities and carbon dioxide storage
@@ -2415,23 +2417,23 @@
- (1) Nothing in this Part applies to any of the following—
- (a) anything done in the course of carrying on an activity for which a licence under section 3 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17) or section 2 of the [Petroleum (Production) Act 1934 (c. 36)](https://www.legislation.gov.uk/ukpga/1934/36) (licences to search for and get petroleum) is required;
- (b) anything done for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part 3 of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17)) is in force;
- (c) anything done for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17));
- (d) anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32) is required (gas unloading, storage and recovery, and carbon dioxide storage).
- (2) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/77/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/77/1/a/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/77/1/d/enacted), activities are to be regarded as activities for which a licence of the description in question is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.
- (3) Subsection [(1)(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/77/1/d/enacted) does not apply in relation to anything done in the course of carrying on an activity for which a licence under section 4 of the [Energy Act 2008](https://www.legislation.gov.uk/ukpga/2008/32) is required in, under or over any area of sea—
- (a) anything done in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 (c. 17) or section 2 of the Petroleum (Production) Act 1934 (c. 36) (licences to search for and get petroleum) is required;
- (b) anything done for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;
- (c) anything done for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998 (c. 17));
- (d) anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 (c. 32) is required (gas unloading, storage and recovery, and carbon dioxide storage).
- (2) For the purposes of subsection (1)(a) or (d), activities are to be regarded as activities for which a licence of the description in question is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.
- (3) Subsection (1)(d) does not apply in relation to anything done in the course of carrying on an activity for which a licence under section 4 of the Energy Act 2008 is required in, under or over any area of sea—
- (a) which is within the Welsh inshore region or the Northern Ireland inshore region, or
- (b) which is within both the Scottish offshore region and a Gas Importation and Storage Zone (within the meaning given by section 1 of the [Energy Act 2008](https://www.legislation.gov.uk/ukpga/2008/32)).
- (4) Subsection [(1)(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/77/1/d/enacted) does not apply in relation to anything done in, under or over any area of sea within the Welsh inshore region or the Northern Ireland inshore region in the course of carrying on an activity for which a licence under section 18 of the Energy Act [2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32) is required.
- (b) which is within both the Scottish offshore region and a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).
- (4) Subsection (1)(d) does not apply in relation to anything done in, under or over any area of sea within the Welsh inshore region or the Northern Ireland inshore region in the course of carrying on an activity for which a licence under section 18 of the Energy Act 2008 (c. 32) is required.
### Special provisions in certain cases
@@ -2461,7 +2463,7 @@
the two applications are to be considered together.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/5/enacted) applies in any case where—
- (4) Subsection (5) applies in any case where—
- (a) one of the applications has been received but not the other,
@@ -2475,19 +2477,19 @@
- (b) the two applications are to be considered together, and
- (c) the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/3/b/enacted) is to be regarded as satisfied by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/4/b/enacted),
but this is subject to any provision that may be made by virtue of subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/6/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/6/c/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/6/d/enacted).
- (c) the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),
but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).
- (6) The Secretary of State may by order do any of the following—
- (a) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/7/enacted) for cases where subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/3/enacted) applies;
- (b) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/7/enacted) for cases where subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/5/enacted) applies;
- (c) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/7/enacted) or [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/8/enacted) for cases where the harbour order authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) comes to the conclusion that the marine licence application is not going to be made;
- (d) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/7/enacted) or [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/8/enacted) for cases where the harbour order authority comes to the conclusion that the harbour order application is not going to be made.
- (a) make provision falling within subsection (7) for cases where subsection (3) applies;
- (b) make provision falling within subsection (7) for cases where subsection (5) applies;
- (c) make provision falling within subsection (7) or (8) for cases where the harbour order authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) comes to the conclusion that the marine licence application is not going to be made;
- (d) make provision falling within subsection (7) or (8) for cases where the harbour order authority comes to the conclusion that the harbour order application is not going to be made.
- (7) The provision that may be made by virtue of this subsection is—
@@ -2495,7 +2497,7 @@
- (b) provision that such procedural provisions of the Harbours Act as are so specified are to apply to that application instead;
- (c) provision modifying the provisions of the Harbours Act in their application by virtue of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/78/7/b/enacted).
- (c) provision modifying the provisions of the Harbours Act in their application by virtue of paragraph (b).
- (8) The provision that may be made by virtue of this subsection is provision modifying—
@@ -2505,13 +2507,13 @@
- (9) In this section—
- “the harbour order authority” means— the Secretary of State, in any case where the harbour order application falls (or would fall) to be determined by the Secretary of State; the Welsh Ministers, in any case where the harbour order application falls (or would fall) to be determined by the Welsh Ministers;
- “the Harbours Act” means the [Harbours Act 1964 (c. 40)](https://www.legislation.gov.uk/ukpga/1964/40);
- “the marine licence authority” means— the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State; the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;
- “procedural provisions” means any provisions for or in connection with the procedure for determining an application.
- “*the harbour order authority*” means—the Secretary of State, in any case where the harbour order application falls (or would fall) to be determined by the Secretary of State;the Welsh Ministers, in any case where the harbour order application falls (or would fall) to be determined by the Welsh Ministers;
- “*the Harbours Act*” means the Harbours Act 1964 (c. 40);
- “*the marine licence authority*” means—the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;
- “*procedural provisions*” means any provisions for or in connection with the procedure for determining an application.
#### Special procedure for applications relating to certain electricity works
@@ -2539,7 +2541,7 @@
the two applications are to be considered together.
- (4) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/5/enacted) applies in any case where—
- (4) Subsection (5) applies in any case where—
- (a) one of the applications has been received but not the other,
@@ -2553,19 +2555,19 @@
- (b) the two applications are to be considered together, and
- (c) the condition in subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/3/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/3/b/enacted) is to be regarded as satisfied by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/4/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/4/b/enacted),
but this is subject to any provision that may be made by virtue of subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/6/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/6/c/enacted) or [(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/6/d/enacted).
- (c) the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),
but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).
- (6) The Secretary of State may by order do any of the following—
- (a) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/7/enacted) for cases where subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/3/enacted) applies;
- (b) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/7/enacted) for cases where subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/5/enacted) applies;
- (c) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/7/enacted) or [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/8/enacted) for cases where the generating station authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) comes to the conclusion that the marine licence application is not going to be made;
- (d) make provision falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/7/enacted) or [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/8/enacted) for cases where the generating station authority comes to the conclusion that the generating station application is not going to be made.
- (a) make provision falling within subsection (7) for cases where subsection (3) applies;
- (b) make provision falling within subsection (7) for cases where subsection (5) applies;
- (c) make provision falling within subsection (7) or (8) for cases where the generating station authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) comes to the conclusion that the marine licence application is not going to be made;
- (d) make provision falling within subsection (7) or (8) for cases where the generating station authority comes to the conclusion that the generating station application is not going to be made.
- (7) The provision that may be made by virtue of this subsection is—
@@ -2573,7 +2575,7 @@
- (b) provision that such procedural provisions of the Electricity Act as are so specified are to apply to that application instead;
- (c) provision modifying the provisions of the Electricity Act in their application by virtue of paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/79/7/b/enacted).
- (c) provision modifying the provisions of the Electricity Act in their application by virtue of paragraph (b).
- (8) The provision that may be made by virtue of this subsection is provision modifying—
@@ -2583,13 +2585,13 @@
- (9) In this section—
- “the Electricity Act” means the [Electricity Act 1989 (c. 29)](https://www.legislation.gov.uk/ukpga/1989/29);
- “generating station authority” means— the Secretary of State, in any case where the generating station application falls (or would fall) to be determined by the Secretary of State; the Scottish Ministers, in any case where the generating station application falls (or would fall) to be determined by the Scottish Ministers;
- “the marine licence authority” means— the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State; the Scottish Ministers, in any case where the marine licence application falls (or would fall) to be made to the Scottish Ministers; the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;
- “procedural provisions” means any provisions for or in connection with the procedure for determining an application.
- “*the Electricity Act*” means the Electricity Act 1989 (c. 29);
- “*generating station authority*” means—the Secretary of State, in any case where the generating station application falls (or would fall) to be determined by the Secretary of State;the Scottish Ministers, in any case where the generating station application falls (or would fall) to be determined by the Scottish Ministers;
- “*the marine licence authority*” means—the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;the Scottish Ministers, in any case where the marine licence application falls (or would fall) to be made to the Scottish Ministers;the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;
- “*procedural provisions*” means any provisions for or in connection with the procedure for determining an application.
#### Electronic communications apparatus
@@ -2597,7 +2599,7 @@
- (1) A licensing authority must not grant a marine licence to carry on any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the Electronic Communications Code unless it is satisfied that adequate compensation arrangements have been made.
- (2) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/80/1/enacted) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
- (2) For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
- (a) who appear to that authority to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,
@@ -2609,7 +2611,7 @@
- (b) in sub-paragraph (11), the definition of “remedial works”.
- (4) In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the [Telecommunications Act 1984 (c. 12)](https://www.legislation.gov.uk/ukpga/1984/12).
- (4) In this section “*the Electronic Communications Code*” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).
#### Submarine cables on the continental shelf
@@ -2627,9 +2629,9 @@
- (4) In the application of this section in relation to any cable—
- “inshore stretch” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;
- “offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.
- “*inshore stretch*” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;
- “*offshore stretch*” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.
- (5) For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—
@@ -2643,15 +2645,15 @@
- (6) In this section—
- “natural resources” means— the mineral and other non-living resources of the sea bed and subsoil,together with living organisms belonging to sedentary species;
- “living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either— immobile on or under the sea bed, or unable to move except in constant physical contact with the sea bed or the subsoil.
- “*natural resources*” means—the mineral and other non-living resources of the sea bed and subsoil,together withliving organisms belonging to sedentary species;
- “*living organisms belonging to sedentary species*” means organisms which, at the harvestable stage, are either—immobile on or under the sea bed, orunable to move except in constant physical contact with the sea bed or the subsoil.
#### Structures in, over or under a main river
##### 82
- (1) Section 109 of the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57) (structures in, over or under a main river) is amended as follows.
- (1) Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under a main river) is amended as follows.
- (2) After subsection (6) insert—
@@ -2659,7 +2661,7 @@
> (a) carrying out the work is a licensable marine activity,
> (b) the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the provisions of those subsections may be dispensed with, and
> (c) the Agency issues a notice to that effect to the applicant for the marine licence.
> (8) In subsection (7) above “licensable marine activity” and “marine licence” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.
> (8) In subsection (7) above “*licensable marine activity*” and “*marine licence*” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.
.
@@ -2677,17 +2679,17 @@
the requirement for Admiralty consent does not apply in relation to that work.
- (2) In subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/83/1/enacted)—
- “Admiralty consent” means the consent of the Admiralty, whether alone or jointly with any other government department;
- “local legislation” means— a local Act, or any such Act and any notice given and published by the Admiralty under section 9 of the [Harbours Transfer Act 1862 (c. 69)](https://www.legislation.gov.uk/ukpga/1862/69).
- (2) In subsection (1)—
- “*Admiralty consent*” means the consent of the Admiralty, whether alone or jointly with any other government department;
- “*local legislation*” means—a local Act, orany such Act and any notice given and published by the Admiralty under section 9 of the Harbours Transfer Act 1862 (c. 69).
#### Byelaws for flood defence and drainage purposes
##### 84
- (1) Schedule 25 to the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57) (byelaw making powers of the Environment Agency) is amended as follows.
- (1) Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of the Environment Agency) is amended as follows.
- (2) In paragraph 5 (byelaws for flood defence and drainage purposes) after sub-paragraph (3) insert—
@@ -2697,7 +2699,7 @@
> (c) the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the Agency may be dispensed with, and issues a notice to that effect,
> the requirement for the consent of the Agency does not apply in relation to the carrying on of that activity.
> (3B) In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.
> (3B) In sub-paragraph (3A) “*marine licence*” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.
.
@@ -2717,7 +2719,7 @@
commits an offence.
- (2) A person who is bound by a condition of a licence by virtue of section 71(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/85/3/enacted) are satisfied.
- (2) A person who is bound by a condition of a licence by virtue of section 71(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection (3) are satisfied.
- (3) The requirements are that—
@@ -2725,7 +2727,7 @@
- (b) the person has failed to comply with the condition within that period.
- (4) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/85/1/enacted) is liable—
- (4) A person guilty of an offence under subsection (1) is liable—
- (a) on summary conviction, to a fine not exceeding £50,000;
@@ -2739,7 +2741,7 @@
- (a) the activity was carried out for the purpose of securing the safety of a vessel, aircraft or marine structure, or for the purpose of saving life, and
- (b) the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/86/2/enacted).
- (b) the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection (2).
- (2) The matters are—
@@ -2749,17 +2751,17 @@
- (c) any substances or objects concerned.
- (3) A person does not have the defence provided by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/86/1/enacted) if the court is satisfied that the activity was neither—
- (a) necessary for any purpose mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/86/1/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/86/1/a/enacted), nor
- (3) A person does not have the defence provided by subsection (1) if the court is satisfied that the activity was neither—
- (a) necessary for any purpose mentioned in subsection (1)(a), nor
- (b) a reasonable step to take in the circumstances.
- (4) A person does not have the defence provided by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/86/1/enacted) if the court is satisfied that—
- (4) A person does not have the defence provided by subsection (1) if the court is satisfied that—
- (a) the activity was necessary for one of those purposes, but
- (b) the necessity was due to the fault of the person or of some other person acting under the person’s direction or control.
- (b) the necessity was due to the fault of the person or of some other person acting under the person's direction or control.
#### Electronic communications: emergency works
@@ -2767,11 +2769,11 @@
- (1) It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—
- (a) for the purposes of paragraph 23 of the Electronic Communications Code (undertaker’s works), the person is the operator or a relevant undertaker, and
- (a) for the purposes of paragraph 23 of the Electronic Communications Code (undertaker's works), the person is the operator or a relevant undertaker, and
- (b) the activity was carried out for the purpose of executing emergency works, within the meaning of that Code.
- (2) In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the [Telecommunications Act 1984 (c. 12)](https://www.legislation.gov.uk/ukpga/1984/12).
- (2) In this section “*the Electronic Communications Code*” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).
#### Activity licensed by another State
@@ -2801,23 +2803,23 @@
- (5) For the purposes of this section—
- “Convention State” means a state which is a party to the London Convention, the London Protocol or the OSPAR Convention;
- “the London Convention” means the Convention on the Prevention of Maritime Pollution by Dumping of Wastes and Other Matter concluded at London in December 1972;
- “the London Protocol” means the Protocol to the London Convention agreed at London in November 1996;
- “the OSPAR Convention” means the Convention for the Protection of the Marine Environment of the North-East Atlantic concluded at Paris in September 1992.
- (6) The references in subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/88/5/enacted) to the London Convention, the London Protocol and the OSPAR Convention are to them as they have effect from time to time.
- (7) The Secretary of State may by order amend subsections [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/88/5/enacted) and [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/88/6/enacted) in such manner as the Secretary of State considers appropriate for the purpose of giving effect to any international agreement which has been ratified by the United Kingdom and which alters the provisions of, or replaces, those Conventions or that Protocol.
- “*Convention State*” means a state which is a party to the London Convention, the London Protocol or the OSPAR Convention;
- “*the London Convention*” means the Convention on the Prevention of Maritime Pollution by Dumping of Wastes and Other Matter concluded at London in December 1972;
- “*the London Protocol*” means the Protocol to the London Convention agreed at London in November 1996;
- “*the OSPAR Convention*” means the Convention for the Protection of the Marine Environment of the North-East Atlantic concluded at Paris in September 1992.
- (6) The references in subsection (5) to the London Convention, the London Protocol and the OSPAR Convention are to them as they have effect from time to time.
- (7) The Secretary of State may by order amend subsections (5) and (6) in such manner as the Secretary of State considers appropriate for the purpose of giving effect to any international agreement which has been ratified by the United Kingdom and which alters the provisions of, or replaces, those Conventions or that Protocol.
#### Information
##### 89
- (1) A person who, for any of the purposes set out in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/89/2/enacted),—
- (1) A person who, for any of the purposes set out in subsection (2),—
- (a) makes a statement which is false or misleading in a material particular, knowing the statement to be false or misleading,
@@ -2833,7 +2835,7 @@
- (b) the purpose of complying with, or purporting to comply with, any obligation imposed by the provisions of this Part or the provisions of a licence.
- (3) A person guilty of an offence under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/89/1/enacted) is liable—
- (3) A person guilty of an offence under subsection (1) is liable—
- (a) on summary conviction, to a fine not exceeding the statutory maximum;
@@ -2845,9 +2847,9 @@
##### 90
- (1) If it appears to an enforcement authority that subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/4/enacted) are satisfied in relation to a person carrying on an activity in its area, it may issue a compliance notice to that person.
- (2) A compliance notice is a notice requiring a person to take such steps (falling within subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/5/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/5/b/enacted)) as are specified in it.
- (1) If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a compliance notice to that person.
- (2) A compliance notice is a notice requiring a person to take such steps (falling within subsection (5)(b)) as are specified in it.
- (3) This subsection is satisfied if a person holding a marine licence—
@@ -2865,7 +2867,7 @@
- (5) A compliance notice must—
- (a) state the enforcement authority’s grounds for believing that subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/90/4/enacted) are satisfied;
- (a) state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;
- (b) require the person to take such steps as the authority considers appropriate to ensure that the condition in question is complied with;
@@ -2875,13 +2877,13 @@
##### 91
- (1) If it appears to an enforcement authority that each of subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/3/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/5/enacted) is satisfied in relation to a person carrying on an activity in its area, it may issue a remediation notice to that person.
- (1) If it appears to an enforcement authority that each of subsections (3) to (5) is satisfied in relation to a person carrying on an activity in its area, it may issue a remediation notice to that person.
- (2) A remediation notice is a notice requiring a person to do either or both of the following—
- (a) to take such steps (falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/b/enacted)) as are specified in it;
- (b) to pay to the enforcement authority such sums (falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/c/enacted)) as are specified in it.
- (a) to take such steps (falling within subsection (7)(b)) as are specified in it;
- (b) to pay to the enforcement authority such sums (falling within subsection (7)(c)) as are specified in it.
- (3) This subsection is satisfied if a person has carried on, or is carrying on, a licensable marine activity.
@@ -2899,7 +2901,7 @@
- (7) A remediation notice—
- (a) must state the enforcement authority’s grounds for believing that each of subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/3/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/5/enacted) is satisfied;
- (a) must state the enforcement authority's grounds for believing that each of subsections (3) to (5) is satisfied;
- (b) may require the person to take such remedial or compensatory steps as the authority considers appropriate;
@@ -2907,7 +2909,7 @@
- (d) must state the period before the end of which those steps must be taken or, as the case may be, that sum must be paid.
- (8) In subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/b/enacted) and [(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/7/c/enacted) “remedial or compensatory steps” means steps taken (or to be taken) for any one or more of the purposes mentioned in subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/9/enacted) (whether or not the steps are to be taken at or near the place where the harm or interference mentioned in subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/5/enacted) has been, is being, or is likely to be, caused or the activity in respect of which the notice is issued is or has been carried on).
- (8) In subsection (7)(b) and (c) “*remedial or compensatory steps*” means steps taken (or to be taken) for any one or more of the purposes mentioned in subsection (9) (whether or not the steps are to be taken at or near the place where the harm or interference mentioned in subsection (5) has been, is being, or is likely to be, caused or the activity in respect of which the notice is issued is or has been carried on).
- (9) The purposes are—
@@ -2917,7 +2919,7 @@
- (c) preventing interference with legitimate uses of the sea;
- (d) preventing or minimising, or remedying or mitigating the effects of, the harm or interference mentioned in subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/91/5/enacted);
- (d) preventing or minimising, or remedying or mitigating the effects of, the harm or interference mentioned in subsection (5);
- (e) restoring (whether in whole or in part) the condition of any place affected by that harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred;
@@ -2947,7 +2949,7 @@
commits an offence.
- (4) A person guilty of an offence under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/92/3/enacted) is liable—
- (4) A person guilty of an offence under subsection (3) is liable—
- (a) on summary conviction, to a fine not exceeding £50,000;
@@ -2969,19 +2971,19 @@
- (4) The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for that offence.
- (5) In this section “prescribed” means prescribed in an order made under this section.
- (5) In this section “*prescribed*” means prescribed in an order made under this section.
#### Fixed monetary penalties: procedure
##### 94
- (1) Provision under section 93 must secure the results in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/94/2/enacted).
- (1) Provision under section 93 must secure the results in subsection (2).
- (2) Those results are that—
- (a) where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),
- (b) the notice of intent also offers the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),
- (b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),
- (c) if the person does not so discharge liability—
@@ -3027,7 +3029,7 @@
- (f) the consequences of non-payment.
- (6) Provision pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/94/2/enacted)[(e)](https://www.legislation.gov.uk/ukpga/2009/23/section/94/2/e/enacted) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (6) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (a) that the decision was based on an error of fact;
@@ -3035,7 +3037,7 @@
- (c) that the decision was unreasonable.
- (7) In this section “prescribed” means prescribed in an order made under section 93.
- (7) In this section “*prescribed*” means prescribed in an order made under section 93.
#### Variable monetary penalties
@@ -3051,17 +3053,17 @@
##### 96
- (1) Provision under section 95 must secure the results in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/enacted).
- (1) Provision under section 95 must secure the results in subsection (2).
- (2) Those results are that—
- (a) where the enforcement authority proposes to impose a variable monetary penalty on a person, the enforcement authority must serve on that person a notice (a “notice of intent”) which complies with subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/3/enacted),
- (a) where the enforcement authority proposes to impose a variable monetary penalty on a person, the enforcement authority must serve on that person a notice (a “notice of intent”) which complies with subsection (3),
- (b) that person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the penalty,
- (c) after the end of the period for making such representations and objections, the enforcement authority must decide whether to impose a penalty and, if so, the amount of the penalty,
- (d) where the enforcement authority decides to impose a penalty, the notice imposing it (the “final notice”) complies with subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/6/enacted), and
- (d) where the enforcement authority decides to impose a penalty, the notice imposing it (the “final notice”) complies with subsection (6), and
- (e) the person on whom a penalty is imposed may appeal against the decision as to the imposition or amount of the penalty.
@@ -3075,13 +3077,13 @@
- (d) the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.
- (4) Provision pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/c/enacted)—
- (4) Provision pursuant to subsection (2)(c)—
- (a) must secure that the enforcement authority may not decide to impose a penalty on a person where the enforcement authority is satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and
- (b) may include provision for other circumstances in which the enforcement authority may not decide to impose a penalty.
- (5) Provision under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/enacted)[(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/c/enacted) must also include provision for—
- (5) Provision under subsection (2)(c) must also include provision for—
- (a) the person on whom the notice of intent is served to be able to offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any person affected by the offence,
@@ -3089,7 +3091,7 @@
- (c) the enforcement authority to take any undertaking so accepted into account in its decision.
- (6) To comply with this subsection the final notice referred to in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/enacted)[(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/d/enacted) must include information as to—
- (6) To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—
- (a) the grounds for imposing the penalty,
@@ -3103,7 +3105,7 @@
- (f) the consequences of non-payment.
- (7) Provision pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/enacted)[(e)](https://www.legislation.gov.uk/ukpga/2009/23/section/96/2/e/enacted) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (7) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (a) that the decision was based on an error of fact;
@@ -3141,7 +3143,7 @@
- (b) is to be taken to have all the powers necessary to do so.
- (5) In this section “delegable marine licensing functions” means—
- (5) In this section “*delegable marine licensing functions*” means—
- (a) functions of a licensing authority under this Part, other than excepted functions;
@@ -3173,7 +3175,7 @@
- (1) For so long as an order made under section 98 remains in force, the designated functions are exercisable by or in relation to the delegate acting on behalf of the licensing authority or, as the case may be, the enforcement authority (and are not exercisable by or in relation to the authority).
- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/99/1/enacted) is subject to any provision to the contrary which is included in the order.
- (2) Subsection (1) is subject to any provision to the contrary which is included in the order.
- (3) An order under section 98 may include—
@@ -3185,7 +3187,7 @@
as the authority making the order may determine.
- (4) The provision that may be made under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/99/3/enacted) includes, in particular, provision (where appropriate) as to—
- (4) The provision that may be made under subsection (3) includes, in particular, provision (where appropriate) as to—
- (a) the manner in which the delegate is to exercise any of the functions;
@@ -3267,13 +3269,13 @@
- (b) the appropriate licensing authority determines that its disclosure in the register would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate commercial interest.
- (6) The appropriate licensing authority must review a determination to exclude information under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/101/5/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/101/5/b/enacted) every four years.
- (7) On a review under subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/101/6/enacted) the authority must include the information in the register unless, on the application of any person to whom the information relates, the authority determines that it should continue to be excluded.
- (8) Where information of any description is excluded from a register by virtue of subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/101/5/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/101/5/b/enacted), a statement must be entered in the register indicating the existence of information of that description.
- (9) In this section “prescribed” means prescribed in regulations made under this section.
- (6) The appropriate licensing authority must review a determination to exclude information under subsection (5)(b) every four years.
- (7) On a review under subsection (6) the authority must include the information in the register unless, on the application of any person to whom the information relates, the authority determines that it should continue to be excluded.
- (8) Where information of any description is excluded from a register by virtue of subsection (5)(b), a statement must be entered in the register indicating the existence of information of that description.
- (9) In this section “*prescribed*” means prescribed in regulations made under this section.
### Stop notices and emergency safety notices
@@ -3281,7 +3283,7 @@
##### 102
- (1) If it appears to an enforcement authority that subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/4/enacted) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.
- (1) If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.
- (2) A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.
@@ -3289,7 +3291,7 @@
- (4) This subsection is satisfied if the carrying on of the activity to be specified in the notice—
- (a) is causing, or is likely to cause, any of the effects in subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/5/enacted), or
- (a) is causing, or is likely to cause, any of the effects in subsection (5), or
- (b) is creating, or is likely to create, an imminent risk of any of those effects.
@@ -3303,19 +3305,19 @@
- (6) A stop notice (in addition to specifying the activity to which it relates)—
- (a) must state the enforcement authority’s grounds for believing that subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/4/enacted) are satisfied;
- (a) must state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;
- (b) must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case);
- (c) may require the person to take such steps as the authority considers appropriate to ensure that the cessation of the activity takes place safely.
- (7) Except in a case falling within subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/9/enacted), a stop notice—
- (7) Except in a case falling within subsection (9), a stop notice—
- (a) ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but
- (b) may be renewed for a period specified in a further notice.
- (8) A stop notice may be renewed more than once under subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/7/enacted)[(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/102/7/b/enacted), but not so that it has effect for an aggregate period exceeding 35 days.
- (8) A stop notice may be renewed more than once under subsection (7)(b), but not so that it has effect for an aggregate period exceeding 35 days.
- (9) If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising that activity, the stop notice may remain in force until such time (if any) as such a licence is granted to that person.
@@ -3337,7 +3339,7 @@
- (3) A person who fails to comply with a stop notice commits an offence.
- (4) A person guilty of an offence under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/103/3/enacted) is liable—
- (4) A person guilty of an offence under subsection (3) is liable—
- (a) on summary conviction, to a fine not exceeding £50,000;
@@ -3365,7 +3367,7 @@
- (5) An emergency safety notice (in addition to specifying the requirements which it imposes)—
- (a) must state the enforcement authority’s grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,
- (a) must state the enforcement authority's grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,
- (b) must state the date and time from which the requirements are to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case), and
@@ -3385,11 +3387,11 @@
- (a) revoke an emergency safety notice;
- (b) vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104[(5)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/104/5/b/enacted).
- (b) vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104(5)(b).
- (3) A person who fails to comply with an emergency safety notice commits an offence.
- (4) A person guilty of an offence under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/105/3/enacted) is liable—
- (4) A person guilty of an offence under subsection (3) is liable—
- (a) on summary conviction, to a fine not exceeding £50,000;
@@ -3411,11 +3413,11 @@
- (c) preventing interference with legitimate uses of the sea;
- (d) preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/106/3/enacted);
- (d) preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection (3);
- (e) restoring (whether in whole or in part) the condition of any place affected by any such harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred.
- (3) The harm or interference mentioned in subsection [(2)(d)](https://www.legislation.gov.uk/ukpga/2009/23/section/106/2/d/enacted) and [(e)](https://www.legislation.gov.uk/ukpga/2009/23/section/106/2/e/enacted) is any of the following which has been, is being, or is likely to be, caused by the carrying on of the licensable marine activity—
- (3) The harm or interference mentioned in subsection (2)(d) and (e) is any of the following which has been, is being, or is likely to be, caused by the carrying on of the licensable marine activity—
- (a) harm to the environment;
@@ -3437,19 +3439,19 @@
- (2) In this section—
- “marine chemical treatment substance” means any substance used or intended to be used for treating chemicals— on the surface of the sea or of the sea bed; in the case of a wash-off substance, on any surface of a marine structure;
- “marine oil treatment substance” means any substance used or intended to be used for treating oil on the surface of the sea;
- “marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter— from the surface of the sea or of the sea bed; in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;
- “surface fouling matter” means any fouling, and includes, in particular,— any algae; any surface oil or chemical residue;
- “surface oil or chemical residue” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);
- “wash-off substance”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)— be removed from that surface, and be deposited in the sea, whether by natural processes, or by treatment, or in any other way.
- (3) A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/107/1/enacted) from any person at whose request those tests were conducted.
- “*marine chemical treatment substance*” means any substance used or intended to be used for treating chemicals—on the surface of the sea or of the sea bed;in the case of a wash-off substance, on any surface of a marine structure;
- “*marine oil treatment substance*” means any substance used or intended to be used for treating oil on the surface of the sea;
- “*marine surface fouling cleaner*” means any substance used or intended to be used for removing surface fouling matter—from the surface of the sea or of the sea bed;in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;
- “*surface fouling matter*” means any fouling, and includes, in particular,—any algae;any surface oil or chemical residue;
- “*surface oil or chemical residue*” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);
- “*wash-off substance*”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)—be removed from that surface, andbe deposited in the sea,whether by natural processes, or by treatment, or in any other way.
- (3) A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection (1) from any person at whose request those tests were conducted.
### Appeals against notices under this Part
@@ -3459,7 +3461,7 @@
- (1) The appropriate licensing authority must by regulations make provision for any person to whom a notice is issued under section 72, 90, 91, 102 or 104 to appeal against that notice.
- (2) The regulations required by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/108/1/enacted) must come into force on the day on which this Part comes into force.
- (2) The regulations required by subsection (1) must come into force on the day on which this Part comes into force.
- (3) Regulations under this section may include—
@@ -3477,17 +3479,17 @@
##### 109
- (1) In any proceedings for an offence under this Part, it is a defence for the person charged (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
- (2) The defence provided by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/1/enacted) is to be taken to be established if the defendant—
- (a) acted under an employer’s instructions,
- (1) In any proceedings for an offence under this Part, it is a defence for the person charged (“*the defendant*”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
- (2) The defence provided by subsection (1) is to be taken to be established if the defendant—
- (a) acted under an employer's instructions,
- (b) did not know and had no reason to suppose that the acts done constituted a contravention of the provision in question, and
- (c) took all such steps as reasonably could be taken to ensure that no offence would be committed.
- (3) The defence provided by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/1/enacted) is to be taken to be established if the defendant—
- (3) The defence provided by subsection (1) is to be taken to be established if the defendant—
- (a) acted in reliance on information supplied by another person,
@@ -3495,7 +3497,7 @@
- (c) took all such steps as reasonably could be taken to ensure that no offence would be committed.
- (4) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/3/enacted) do not affect the generality of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/1/enacted).
- (4) Subsections (2) and (3) do not affect the generality of subsection (1).
- (5) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to—
@@ -3503,7 +3505,7 @@
- (b) reliance on information supplied by another person,
the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/109/6/enacted) is satisfied.
the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection (6) is satisfied.
- (6) The requirement is that—
@@ -3511,7 +3513,7 @@
- (b) if the defendant has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance,
the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant’s possession.
the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.
#### Offences: jurisdiction
@@ -3531,7 +3533,7 @@
- (2) No contravention by the Crown of any provision of this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate licensing authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
- (3) Despite subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/111/2/enacted), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.
- (3) Despite subsection (2), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.
- (4) The Secretary of State may certify that it appears to the Secretary of State that, as respects—
@@ -3541,9 +3543,9 @@
it is necessary or expedient that, in the interests of national security, the powers should not be exercisable in relation to the land.
- (5) If the Secretary of State issues a certificate under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/111/4/enacted), the powers specified in the certificate are not exercisable in relation to the land so specified.
- (6) For the purposes of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/111/4/enacted) “Crown land” means land held or used by or on behalf of the Crown.
- (5) If the Secretary of State issues a certificate under subsection (4), the powers specified in the certificate are not exercisable in relation to the land so specified.
- (6) For the purposes of subsection (4) “*Crown land*” means land held or used by or on behalf of the Crown.
- (7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall.
@@ -3567,23 +3569,23 @@
- (2) In relation to the Scottish offshore region, the appropriate licensing authority is—
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/3/enacted);
- (b) except as provided by paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/2/a/enacted), the Scottish Ministers.
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);
- (b) except as provided by paragraph (a), the Scottish Ministers.
- (3) The activities are—
- (a) any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));
- (a) any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));
- (b) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);
- (c) any activity falling within the subject matter of Part 6 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21) (pollution etc).
- (c) any activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (c. 21) (pollution etc).
- (4) In relation to Wales and the Welsh inshore region, the appropriate licensing authority is—
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/5/enacted);
- (b) except as provided by paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/4/a/enacted), the Welsh Ministers.
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);
- (b) except as provided by paragraph (a), the Welsh Ministers.
- (5) The activities are—
@@ -3591,25 +3593,25 @@
- (b) any defence activity other than an excepted activity.
Subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/9/enacted) supplements this subsection.
Subsection (9) supplements this subsection.
- (6) In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/7/enacted);
- (b) except as provided by paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/6/a/enacted), the Department of the Environment in Northern Ireland.
- (7) The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47) (defence of the realm etc).
- (8) In relation to any area not mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/2/enacted), [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/4/enacted) or [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/6/enacted), the appropriate licensing authority is the Secretary of State.
- (9) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/113/5/enacted)—
- “defence activity” means any activity relating to— the defence of the realm; the naval, military or air forces of the Crown, including reserve forces; visiting forces; international headquarters and defence organisations; trading with the enemy and enemy property;
- “excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of— any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;
- “petroleum” has the same meaning as in Part 3 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17) (see section 28(1) of that Act).
- (a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);
- (b) except as provided by paragraph (a), the Department of the Environment in Northern Ireland.
- (7) The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).
- (8) In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.
- (9) In subsection (5)—
- “*defence activity*” means any activity relating to—the defence of the realm;the naval, military or air forces of the Crown, including reserve forces;visiting forces;international headquarters and defence organisations;trading with the enemy and enemy property;
- “*excepted activity*” means the exercise of civil defence functions by any person otherwise than as a member of—any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, orany other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;
- “*petroleum*” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).
#### Meaning of “enforcement authority”
@@ -3629,7 +3631,7 @@
- (d) in relation to the Scottish offshore region, any person appointed under section 242.
- (4) A person is an enforcement authority by virtue of subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/114/3/enacted) (so far as relating to the sections specified in that subsection) only to the extent that the person may exercise powers for the purposes of enforcing this Part.
- (4) A person is an enforcement authority by virtue of subsection (3) (so far as relating to the sections specified in that subsection) only to the extent that the person may exercise powers for the purposes of enforcing this Part.
#### Interpretation of this Part
@@ -3639,39 +3641,39 @@
- “appropriate enforcement authority”, in the case of any area and any provision of this Part, means any authority which is an enforcement authority for that area for the purposes of that provision;
- “the appropriate licensing authority” has the meaning given by section 113;
- “British aircraft” means an aircraft registered in the United Kingdom;
- “British marine structure” means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- “British vessel” means a vessel— which is registered in the United Kingdom, which falls within section 1(1)(d) of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21) (small ships), or which is exempt from registration under section 294 of that Act;
- “compliance notice” means a notice issued under section 90;
- “emergency safety notice” means a notice issued under section 104;
- “enforcement authority” has the meaning given by section 114;
- “fixed monetary penalty” has the meaning given by section 93(3);
- “licensable marine activity” is to be read in accordance with section 66;
- “licensing authority” means— the Secretary of State; the Welsh Ministers; the Scottish Ministers; the Department of the Environment in Northern Ireland;
- “marine licence” means a licence granted under this Part;
- “marine structure” means a platform or other artificial structure at sea, other than a pipeline;
- “remediation notice” means a notice issued under section 91;
- “stop notice” means a notice issued under section 102;
- “the UK marine licensing area” has the meaning given by section 66(4);
- “variable monetary penalty” has the meaning given by section 95(3);
- “vessel” includes— hovercraft, and any other craft capable of travelling on, in or under water, whether or not self-propelled.
- “*the appropriate licensing authority*” has the meaning given by section 113;
- “*British aircraft*” means an aircraft registered in the United Kingdom;
- “*British marine structure*” means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- “*British vessel*” means a vessel—which is registered in the United Kingdom,which falls within section 1(1)(d) of the Merchant Shipping Act 1995 (c. 21) (small ships), orwhich is exempt from registration under section 294 of that Act;
- “*compliance notice*” means a notice issued under section 90;
- “*emergency safety notice*” means a notice issued under section 104;
- “*enforcement authority*” has the meaning given by section 114;
- “*fixed monetary penalty*” has the meaning given by section 93(3);
- “*licensable marine activity*” is to be read in accordance with section 66;
- “*licensing authority*” means—the Secretary of State;the Welsh Ministers;the Scottish Ministers;the Department of the Environment in Northern Ireland;
- “*marine licence*” means a licence granted under this Part;
- “*marine structure*” means a platform or other artificial structure at sea, other than a pipeline;
- “*remediation notice*” means a notice issued under section 91;
- “*stop notice*” means a notice issued under section 102;
- “*the UK marine licensing area*” has the meaning given by section 66(4);
- “*variable monetary penalty*” has the meaning given by section 95(3);
- “*vessel*” includes—hovercraft, andany other craft capable of travelling on, in or under water, whether or not self-propelled.
- (2) In this Part any reference to the environment includes a reference to any site (including any site comprising, or comprising the remains of, any vessel, aircraft or marine structure) which is of historic or archaeological interest.
@@ -3757,7 +3759,7 @@
- (7) In considering whether it is desirable to designate an area as an MCZ, the appropriate authority may have regard to any economic or social consequences of doing so.
- (8) The reference in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/117/7/enacted) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.
- (8) The reference in subsection (7) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.
#### Further provision as to orders designating MCZs
@@ -3773,7 +3775,7 @@
- (a) area B adjoins area A, and
- (b) any of the conditions in subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/118/5/enacted) is satisfied.
- (b) any of the conditions in subsection (5) is satisfied.
- (5) The conditions are—
@@ -3793,13 +3795,13 @@
##### 119
- (1) Before making an order under section 116, the appropriate authority must comply with subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/2/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/9/enacted) of this section.
This is subject to subsection [(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/11/enacted).
- (1) Before making an order under section 116, the appropriate authority must comply with subsections (2) to (9) of this section.
This is subject to subsection (11).
- (2) The appropriate authority must publish notice of its proposal to make the order.
- (3) The notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/2/enacted) must—
- (3) The notice under subsection (2) must—
- (a) be published in such manner as the appropriate authority thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;
@@ -3839,13 +3841,13 @@
- (b) the Department of the Environment in Northern Ireland, if any part of the proposed MCZ lies in the Northern Ireland zone.
- (10) If the appropriate authority fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/2/enacted), then anything done by the appropriate authority for the purposes of complying with subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/2/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/9/enacted) of this section is, for those purposes, to be treated as not having been done.
- (10) If the appropriate authority fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection (2), then anything done by the appropriate authority for the purposes of complying with subsections (2) to (9) of this section is, for those purposes, to be treated as not having been done.
- (11) In a case where the appropriate authority thinks that there is an urgent need to protect the area proposed to be designated, the authority need not comply with subsections (2) to (4).
- (12) In such a case, the order designating the area as an MCZ remains in force for a period not exceeding two years, unless the appropriate authority makes a further order before the end of that period confirming the designation.
Before making such an order, the appropriate authority must comply with subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/2/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/9/enacted) (and subsection [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/119/10/enacted) applies accordingly).
Before making such an order, the appropriate authority must comply with subsections (2) to (9) (and subsection (10) applies accordingly).
#### Publication of orders designating MCZs
@@ -3881,9 +3883,9 @@
- (b) providing written representations to such a person.
- (3) The authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/121/2/enacted).
- (4) A person appointed under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/121/2/enacted) must make a report to the authority of any oral or written representations made under that subsection.
- (3) The authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (2).
- (4) A person appointed under subsection (2) must make a report to the authority of any oral or written representations made under that subsection.
#### Amendment, revocation and review of orders designating MCZs
@@ -3905,7 +3907,7 @@
##### 123
- (1) In order to contribute to the achievement of the objective in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/2/enacted), the appropriate authority must designate MCZs under section 116.
- (1) In order to contribute to the achievement of the objective in subsection (2), the appropriate authority must designate MCZs under section 116.
- (2) The objective is that the MCZs designated by the appropriate authority, taken together with any other MCZs designated under section 116 and any relevant conservation sites in the UK marine area, form a network which satisfies the conditions in subsection (3).
@@ -3917,7 +3919,7 @@
- (c) that the designation of sites comprised in the network reflects the fact that the conservation of a feature may require the designation of more than one site.
- (4) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/2/enacted), the following are “relevant conservation sites”—
- (4) For the purposes of subsection (2), the following are “relevant conservation sites”—
- (a) any European marine site;
@@ -3925,33 +3927,33 @@
- (c) the whole or part of any Ramsar site.
- (5) When complying with the duty imposed by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/1/enacted), the appropriate authority must have regard to any obligations under EU or international law that relate to the conservation or improvement of the marine environment.
- (5) When complying with the duty imposed by subsection (1), the appropriate authority must have regard to any obligations under EU or international law that relate to the conservation or improvement of the marine environment.
- (6) Before the end of the period of 2 months beginning with the date on which this section comes into force, the appropriate authority must—
- (a) prepare a statement setting out such principles relating to the achievement of the objective in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/2/enacted) as the authority intends to follow when complying with the duty imposed by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/1/enacted), and
- (a) prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the authority intends to follow when complying with the duty imposed by subsection (1), and
- (b) lay a copy of the statement before the appropriate legislature.
- (7) A statement prepared by the appropriate authority under this section may also set out other matters relating to the achievement of that objective which the authority intends to take into account when complying with the duty imposed by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/1/enacted).
- (7) A statement prepared by the appropriate authority under this section may also set out other matters relating to the achievement of that objective which the authority intends to take into account when complying with the duty imposed by subsection (1).
- (8) The appropriate authority must—
- (a) keep under review any statement it has prepared under this section, and
- (b) if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/123/6/enacted) and lay a copy of it before the appropriate legislature.
- (b) if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (6) and lay a copy of it before the appropriate legislature.
- (9) In this section—
- “the appropriate legislature” means— in relation to the Secretary of State, Parliament; in relation to the Welsh Ministers, the National Assembly for Wales; in relation to the Scottish Ministers, the Scottish Parliament;
- “European marine site” means any site which is— a European marine site within the meaning of the Conservation (Natural Habitats, &c) Regulations 1994 ([S.I. 1994/2716](https://www.legislation.gov.uk/uksi/1994/2716)), or a European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 ([S.I. 2007/1842](https://www.legislation.gov.uk/uksi/2007/1842));
- “feature” means anything falling within paragraphs (a) to (c) of section 117(1);
- “Ramsar site” has the same meaning as in section 37A of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69);
- “SSSI” means a site of special scientific interest, within the meaning of Part 2 of that Act.
- “*the appropriate legislature*” means—in relation to the Secretary of State, Parliament;in relation to the Welsh Ministers, the National Assembly for Wales;in relation to the Scottish Ministers, the Scottish Parliament;
- “*European marine site*” means any site which is—a European marine site within the meaning of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716), ora European offshore marine site within the meaning of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842);
- “*feature*” means anything falling within paragraphs (a) to (c) of section 117(1);
- “*Ramsar site*” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 (c. 69);
- “*SSSI*” means a site of special scientific interest, within the meaning of Part 2 of that Act.
#### Report
@@ -3991,11 +3993,11 @@
- (5) In this section—
- “the appropriate legislature” means— in relation to the Secretary of State, Parliament; in relation to the Welsh Ministers, the National Assembly for Wales; in relation to the Scottish Ministers, the Scottish Parliament;
- “licensable marine activity” has the same meaning as in Part 4;
- “relevant period” means— the period beginning on the date on which this section comes into force and ending on 31 December 2012; each subsequent period of six years.
- “*the appropriate legislature*” means—in relation to the Secretary of State, Parliament;in relation to the Welsh Ministers, the National Assembly for Wales;in relation to the Scottish Ministers, the Scottish Parliament;
- “*licensable marine activity*” has the same meaning as in Part 4;
- “*relevant period*” means—the period beginning on the date on which this section comes into force and ending on 31 December 2012;each subsequent period of six years.
### Duties of public authorities
@@ -4017,7 +4019,7 @@
- (3) If a public authority considers that any of its functions is such that the exercise of the function would or might significantly hinder the achievement of the conservation objectives for an MCZ, it must inform the appropriate statutory conservation body of that fact.
- (4) Subject to subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/6/enacted), subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/5/enacted) applies in any case where a public authority intends to do an act which is capable of affecting (other than insignificantly)—
- (4) Subject to subsection (6), subsection (5) applies in any case where a public authority intends to do an act which is capable of affecting (other than insignificantly)—
- (a) the protected features of an MCZ;
@@ -4025,7 +4027,7 @@
- (5) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.
- (6) Subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/5/enacted) does not apply where—
- (6) Subsection (5) does not apply where—
- (a) the appropriate statutory conservation body has given the authority advice or guidance under section 127 in relation to acts of a particular description,
@@ -4033,9 +4035,9 @@
- (c) the advice or guidance has not ceased to apply.
- (7) Where the authority has given notification under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/5/enacted), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.
- (8) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/7/enacted) does not apply where—
- (7) Where the authority has given notification under subsection (5), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.
- (8) Subsection (7) does not apply where—
- (a) the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or
@@ -4057,7 +4059,7 @@
- (c) which the authority considers will or may significantly hinder the achievement of the conservation objectives for an MCZ.
- (11) For the purposes of subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/125/9/enacted) “relevant authority” means—
- (11) For the purposes of subsection (9) “*relevant authority*” means—
- (a) in relation to an MCZ in Wales, the Welsh Ministers;
@@ -4069,9 +4071,9 @@
- (13) In this section—
- “act” includes omission;
- “public authority” does not include a Northern Ireland Minister or Northern Ireland department.
- “*act*” includes omission;
- “*public authority*” does not include a Northern Ireland Minister or Northern Ireland department.
#### Duties of public authorities in relation to certain decisions
@@ -4097,7 +4099,7 @@
- (b) the authority thinks that there is an urgent need to grant authorisation for the doing of the act.
- (5) The authority must not grant authorisation for the doing of the act unless the condition in subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/6/enacted) or the condition in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/7/enacted) is met.
- (5) The authority must not grant authorisation for the doing of the act unless the condition in subsection (6) or the condition in subsection (7) is met.
- (6) The condition in this subsection is that the person seeking the authorisation satisfies the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ.
@@ -4109,25 +4111,25 @@
- (c) the person seeking the authorisation will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.
- (8) The reference in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/7/enacted)[(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/7/a/enacted) to other means of proceeding with an act includes a reference to proceeding with it—
- (8) The reference in subsection (7)(a) to other means of proceeding with an act includes a reference to proceeding with it—
- (a) in another manner, or
- (b) at another location.
- (9) In a case falling within subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/7/enacted), the authority must, if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/126/7/enacted)(c) are undertaken.
- (9) In a case falling within subsection (7), the authority must, if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in subsection (7)(c) are undertaken.
- (10) In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the appropriate statutory conservation body under section 127.
- (11) In this section—
- “act” includes omission;
- “authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;
- “damage” includes the prevention of an improvement;
- “public authority” does not include a Northern Ireland Minister or Northern Ireland department.
- “*act*” includes omission;
- “*authorisation*” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;
- “*damage*” includes the prevention of an improvement;
- “*public authority*” does not include a Northern Ireland Minister or Northern Ireland department.
#### Advice and guidance by conservation bodies
@@ -4171,7 +4173,7 @@
- (b) on such a request, the authority must provide such an explanation in writing.
- (3) In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.
- (3) In this section “*public authority*” does not include a Northern Ireland Minister or Northern Ireland department.
### Byelaws for protection of MCZs etc: England
@@ -4201,7 +4203,7 @@
- (5) A byelaw under this section may provide for the MMO to issue permits authorising anything which would, apart from such a permit, be unlawful under the byelaw.
- (6) The MMO may attach to a permit under subsection [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/129/5/enacted) any condition which the MMO thinks appropriate to attach to that permit.
- (6) The MMO may attach to a permit under subsection (5) any condition which the MMO thinks appropriate to attach to that permit.
- (7) A byelaw under this section may be made subject to specified exceptions.
@@ -4213,15 +4215,15 @@
- (c) different means or methods of carrying out any activity.
- (9) In this section “specified” means specified in the byelaw.
- (9) In this section “*specified*” means specified in the byelaw.
#### Byelaws: procedure
##### 130
- (1) Before making a byelaw under section 129, the MMO must comply with subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/2/enacted) to [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/7/enacted) of this section.
This is subject to subsection [(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/11/enacted).
- (1) Before making a byelaw under section 129, the MMO must comply with subsections (2) to (7) of this section.
This is subject to subsection (11).
- (2) If the byelaw would or might affect any activity in Wales, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers.
@@ -4229,15 +4231,15 @@
- (4) The MMO must provide a copy of a draft of the byelaw to any person who requests one.
- (5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/4/enacted).
- (5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4).
- (6) The MMO must publish notice of its proposal to make the byelaw.
- (7) The notice under subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/6/enacted) must—
- (7) The notice under subsection (6) must—
- (a) be published in such manner as the MMO thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the byelaw;
- (b) state where the copy or copies of the draft byelaw have been placed by the MMO in accordance with subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/3/enacted);
- (b) state where the copy or copies of the draft byelaw have been placed by the MMO in accordance with subsection (3);
- (c) state the time within which representations about the byelaw must be made to the MMO.
@@ -4249,7 +4251,7 @@
- (9) As soon as is reasonably practicable after the confirmation of a byelaw made under section 129, the MMO must publish notice of the making of the byelaw.
- (10) The notice under subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/9/enacted) must—
- (10) The notice under subsection (9) must—
- (a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;
@@ -4271,7 +4273,7 @@
- (3) The MMO must publish notice of the making of an emergency byelaw.
- (4) The notice under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/131/3/enacted) must—
- (4) The notice under subsection (3) must—
- (a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;
@@ -4283,15 +4285,15 @@
- (6) The MMO must keep under review the need for an emergency byelaw to remain in force.
- (7) The MMO may, by further byelaw, provide that an emergency byelaw is to remain in force for such period beyond that specified under subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/131/2/b/enacted) as is specified in the further byelaw.
- (8) The MMO may not make a byelaw under subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/131/7/enacted) unless—
- (7) The MMO may, by further byelaw, provide that an emergency byelaw is to remain in force for such period beyond that specified under subsection (2)(b) as is specified in the further byelaw.
- (8) The MMO may not make a byelaw under subsection (7) unless—
- (a) it intends to make a byelaw under section 129 in respect of the MCZ in accordance with section 130 (“the permanent byelaw”), and
- (b) it has, in respect of the permanent byelaw, complied with section 130[(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/6/enacted).
- (9) A period specified under subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/131/7/enacted) may not exceed 6 months.
- (b) it has, in respect of the permanent byelaw, complied with section 130(6).
- (9) A period specified under subsection (7) may not exceed 6 months.
#### Interim byelaws
@@ -4303,11 +4305,11 @@
- (b) that there is an urgent need to protect the feature.
- (2) In this Chapter “interim byelaw” means a byelaw made under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/132/1/enacted).
- (2) In this Chapter “*interim byelaw*” means a byelaw made under subsection (1).
- (3) An interim byelaw must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).
- (4) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/129/2/enacted) to [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/129/9/enacted) of section 129 apply to an interim byelaw as they apply to a byelaw made under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim byelaw applies.
- (4) Subsections (2) to (9) of section 129 apply to an interim byelaw as they apply to a byelaw made under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim byelaw applies.
- (5) An interim byelaw—
@@ -4317,7 +4319,7 @@
- (6) The MMO must publish notice of the making of an interim byelaw.
- (7) The notice under subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/132/6/enacted) must—
- (7) The notice under subsection (6) must—
- (a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;
@@ -4337,9 +4339,9 @@
- (b) if the Secretary of State decides to make such an order, until that order comes into effect.
- (12) The Secretary of State must publish a direction under subsection [(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/132/11/enacted) in such manner as the Secretary of State thinks is most likely to bring the direction to the attention of any persons who are likely to be affected by the making of it.
- (13) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
- (12) The Secretary of State must publish a direction under subsection (11) in such manner as the Secretary of State thinks is most likely to bring the direction to the attention of any persons who are likely to be affected by the making of it.
- (13) In this section “*feature*” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
#### Further provision as to byelaws
@@ -4357,9 +4359,9 @@
- (b) provide a copy of any such byelaw to any person who requests one.
- (5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection [(4)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/133/4/b/enacted).
- (6) In the case of a byelaw made under section 129 in accordance with section 130, subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/133/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/133/4/enacted) above apply only after the byelaw has been confirmed under section 130[(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/8/enacted).
- (5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).
- (6) In the case of a byelaw made under section 129 in accordance with section 130, subsections (3) and (4) above apply only after the byelaw has been confirmed under section 130(8).
- (7) A byelaw to which this section applies may be amended or revoked by a further byelaw.
@@ -4377,7 +4379,7 @@
- (4) An order under this section may provide for the Welsh Ministers to issue permits authorising anything which would, apart from such a permit, be unlawful under the order.
- (5) The Welsh Ministers may attach to a permit under subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/134/4/enacted) any condition which the Welsh Ministers think appropriate to attach to that permit.
- (5) The Welsh Ministers may attach to a permit under subsection (4) any condition which the Welsh Ministers think appropriate to attach to that permit.
- (6) An order under this section may be made in respect of more than one MCZ; and in relation to any order so made any reference in this section (or in section 129 as applied by this section) to an MCZ is a reference to any or all of the MCZs in respect of which the order is made.
@@ -4393,7 +4395,7 @@
- (2) The Welsh Ministers must publish notice of the making of an order under section 134.
- (3) The notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/135/2/enacted) must—
- (3) The notice under subsection (2) must—
- (a) be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
@@ -4401,9 +4403,9 @@
- (4) Where the Welsh Ministers think that there is an urgent need to make an order under section 134 in order to protect an MCZ—
- (a) subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/135/1/enacted) does not apply, and
- (b) the notice under subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/135/2/enacted) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.
- (a) subsection (1) does not apply, and
- (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.
#### Interim orders
@@ -4415,7 +4417,7 @@
- (b) that there is an urgent need to protect the feature.
- (2) In this Chapter “interim order” means an order under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/136/1/enacted).
- (2) In this Chapter “*interim order*” means an order under subsection (1).
- (3) An interim order must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).
@@ -4429,7 +4431,7 @@
- (6) The Welsh Ministers must publish notice of the making of an interim order.
- (7) The notice under subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/136/6/enacted) must—
- (7) The notice under subsection (6) must—
- (a) be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
@@ -4441,7 +4443,7 @@
- (9) The Welsh Ministers may by further order extend the period for which an interim order remains in force.
- (10) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
- (10) In this section “*feature*” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
#### Further provision as to orders made under section 134 or 136
@@ -4463,7 +4465,7 @@
- (6) An order to which this section applies may be amended or revoked by a further order.
- (7) In this section “statutory provision” means—
- (7) In this section “*statutory provision*” means—
- (a) provision of an Act of Parliament, or
@@ -4477,17 +4479,17 @@
- (1) This section applies where the Secretary of State has the function of—
- (a) deciding (under section 130[(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/130/8/enacted)) whether to confirm a byelaw made under section 129;
- (b) deciding (under section 131[(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/131/5/enacted)) whether to revoke an emergency byelaw;
- (c) deciding (under section 132[(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/132/8/enacted)) whether to revoke an interim byelaw.
- (a) deciding (under section 130(8)) whether to confirm a byelaw made under section 129;
- (b) deciding (under section 131(5)) whether to revoke an emergency byelaw;
- (c) deciding (under section 132(8)) whether to revoke an interim byelaw.
- (2) This section also applies where the Welsh Ministers have the function of—
- (a) deciding whether to make an order under section 134;
- (b) deciding whether to make an interim order under section 136[(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/136/1/enacted).
- (b) deciding whether to make an interim order under section 136(1).
- (3) The Secretary of State or (as the case may be) the Welsh Ministers may, before making that decision, give to any person the opportunity of—
@@ -4495,9 +4497,9 @@
- (b) providing written representations to such a person.
- (4) The Secretary of State or (as the case may be) the Welsh Ministers may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/138/3/enacted).
- (5) A person appointed under subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/138/3/enacted) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers of any oral or written representations made under that subsection.
- (4) The Secretary of State or (as the case may be) the Welsh Ministers may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).
- (5) A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers of any oral or written representations made under that subsection.
### Offences
@@ -4513,7 +4515,7 @@
- (2) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
- (3) In this section “contravene” includes fail to comply.
- (3) In this section “*contravene*” includes fail to comply.
- (4) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales.
@@ -4529,7 +4531,7 @@
- (c) the act has significantly hindered, or may significantly hinder, the achievement of the conservation objectives stated for the MCZ.
- (2) For the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/140/1/enacted), a person does a prohibited act if the person—
- (2) For the purposes of subsection (1), a person does a prohibited act if the person—
- (a) intentionally or recklessly kills or injures any animal in an MCZ which is a protected feature of that MCZ,
@@ -4539,7 +4541,7 @@
- (d) intentionally or recklessly destroys or damages any habitat or feature which is a protected feature of an MCZ.
- (3) For the purposes of determining whether anything done by a person in relation to a protected feature is a prohibited act for the purposes of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/140/1/enacted), it is immaterial whether the person knew, or ought to have known, that the feature was a protected feature.
- (3) For the purposes of determining whether anything done by a person in relation to a protected feature is a prohibited act for the purposes of subsection (1), it is immaterial whether the person knew, or ought to have known, that the feature was a protected feature.
- (4) A person who is guilty of an offence under this section is liable—
@@ -4573,7 +4575,7 @@
- (f) was done for the purpose of saving life.
- (2) Subsection [(1)(e)](https://www.legislation.gov.uk/ukpga/2009/23/section/141/1/e/enacted) does not apply where the necessity was due to the fault of the person or of some other person acting under the person’s direction or control.
- (2) Subsection (1)(e) does not apply where the necessity was due to the fault of the person or of some other person acting under the person's direction or control.
- (3) A person is not guilty of an offence under section 139 by reason of doing anything that is an offence under section 140.
@@ -4595,9 +4597,9 @@
- (7) In this section—
- “act” includes omission;
- “third country vessel” means a vessel which— is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State, and is not registered in a member State.
- “*act*” includes omission;
- “*third country vessel*” means a vessel which—is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State, andis not registered in a member State.
### Fixed monetary penalties
@@ -4613,19 +4615,19 @@
- (4) The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed level 1 on the standard scale.
- (5) In this section “prescribed” means prescribed in an order made under this section.
- (5) In this section “*prescribed*” means prescribed in an order made under this section.
#### Fixed monetary penalties: procedure
##### 143
- (1) Provision under section 142 must secure the results in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/143/2/enacted).
- (1) Provision under section 142 must secure the results in subsection (2).
- (2) Those results are that—
- (a) where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),
- (b) the notice of intent also offers the person the opportunity to discharge the person’s liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),
- (b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),
- (c) if the person does not so discharge liability—
@@ -4671,7 +4673,7 @@
- (f) the consequences of non-payment.
- (6) Provision pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/143/2/enacted)[(e)](https://www.legislation.gov.uk/ukpga/2009/23/section/143/2/e/enacted) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (6) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—
- (a) that the decision was based on an error of fact;
@@ -4679,7 +4681,7 @@
- (c) that the decision was unreasonable.
- (7) In this section “prescribed” means prescribed in an order made under section 142.
- (7) In this section “*prescribed*” means prescribed in an order made under section 142.
#### Further provision about fixed monetary penalties
@@ -4701,7 +4703,7 @@
- (3) Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.
- (4) For the purposes of this section “Crown land” means land an interest in which—
- (4) For the purposes of this section “*Crown land*” means land an interest in which—
- (a) belongs to Her Majesty in right of the Crown or in right of Her private estates,
@@ -4711,7 +4713,7 @@
- (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
- (5) In this section references to Her Majesty’s private estates are to be construed in accordance with section 1 of the [Crown Private Estates Act 1862 (c. 37)](https://www.legislation.gov.uk/ukpga/1862/37).
- (5) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
#### Consequential and transitional provision
@@ -4727,39 +4729,39 @@
- (1) In this Chapter—
- “animal” includes any egg, larva, pupa, or other immature stage of an animal;
- “appropriate authority” has the meaning given by section 116(5);
- “the appropriate statutory conservation body” means— in respect of an area in England, Natural England, in respect of an area in Wales, the Countryside Council for Wales, in respect of an area outside the seaward limits of the territorial sea, the Joint Nature Conservation Committee;
- “emergency byelaw” has the meaning given by section 131;
- “enforcement authority” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence under this Chapter is committed in that area;
- “England” includes the English inshore region;
- “interim byelaw” means a byelaw made under section 132(1);
- “interim order” means an order made under section 136(1);
- “marine installation” means any artificial island, installation or structure;
- “MCZ” means a marine conservation zone designated by an order under section 116;
- “protected feature”, in relation to an MCZ or proposed MCZ, means any flora, fauna, habitat or feature which is sought to be conserved by the making of the order designating the zone;
- “sea” has the meaning given by section 322(1), except that it does not include any waters upstream of the fresh-water limit of estuarial waters;
- “seashore” means— the foreshore, that is to say, land which is covered and uncovered by the ordinary movement of the tide, and any land, whether or not covered intermittently by water, which is in apparent continuity (determined by reference to the physical characteristics of that land) with the foreshore, as far landward as any natural or artificial break in that continuity;
- “vehicles” includes— bicycles and other non-motorised forms of transport, and hovercraft;
- “vessels” includes— hovercraft, aircraft capable of landing on water, and any other craft capable of travelling on, in or under water, whether or not capable of carrying any person;
- “Wales” includes the Welsh inshore region.
- (2) In the definition of “sea” in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/147/1/enacted) “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](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).
- “*animal*” includes any egg, larva, pupa, or other immature stage of an animal;
- “*appropriate authority*” has the meaning given by section 116(5);
- “*the appropriate statutory conservation body*” means—in respect of an area in England, Natural England,in respect of an area in Wales, the Countryside Council for Wales,in respect of an area outside the seaward limits of the territorial sea, the Joint Nature Conservation Committee;
- “*emergency byelaw*” has the meaning given by section 131;
- “*enforcement authority*” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence under this Chapter is committed in that area;
- “*England*” includes the English inshore region;
- “*interim byelaw*” means a byelaw made under section 132(1);
- “*interim order*” means an order made under section 136(1);
- “*marine installation*” means any artificial island, installation or structure;
- “*MCZ*” means a marine conservation zone designated by an order under section 116;
- “*protected feature*”, in relation to an MCZ or proposed MCZ, means any flora, fauna, habitat or feature which is sought to be conserved by the making of the order designating the zone;
- “*sea*” has the meaning given by section 322(1), except that it does not include any waters upstream of the fresh-water limit of estuarial waters;
- “*seashore*” means—the foreshore, that is to say, land which is covered and uncovered by the ordinary movement of the tide, andany land, whether or not covered intermittently by water, which is in apparent continuity (determined by reference to the physical characteristics of that land) with the foreshore, as far landward as any natural or artificial break in that continuity;
- “*vehicles*” includes—bicycles and other non-motorised forms of transport, andhovercraft;
- “*vessels*” includes—hovercraft,aircraft capable of landing on water, andany other craft capable of travelling on, in or under water, whether or not capable of carrying any person;
- “*Wales*” includes the Welsh inshore region.
- (2) In the definition of “sea” in subsection (1) “*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](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).
### Chapter 2 — Other conservation sites
@@ -4767,7 +4769,7 @@
##### 148
Schedule 13 (which amends the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69) in relation to sites of special scientific interest and national nature reserves) has effect.
Schedule 13 (which amends the Wildlife and Countryside Act 1981 (c. 69) in relation to sites of special scientific interest and national nature reserves) has effect.
## Part 6 — Management of inshore fisheries
@@ -4829,13 +4831,13 @@
- (c) other persons.
- (2) The persons appointed as members of the authority for the district by virtue of subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/b/enacted) must comprise—
- (2) The persons appointed as members of the authority for the district by virtue of subsection (1)(b) must comprise—
- (a) persons acquainted with the needs and opinions of the fishing community of the district, and
- (b) persons with knowledge of, or expertise in, marine environmental matters.
- (3) The Secretary of State may by order amend subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/2/enacted) so as to—
- (3) The Secretary of State may by order amend subsection (2) so as to—
- (a) add descriptions of persons who may be appointed by virtue of subsection (1)(b) as members of an IFC authority;
@@ -4847,11 +4849,11 @@
- (5) The order must also specify—
- (a) the number of members falling within paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/a/enacted), and the number of members falling within paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/b/enacted), of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/enacted);
- (a) the number of members falling within paragraph (a), and the number of members falling within paragraph (b), of subsection (1);
- (b) in a case where there is more than one relevant council for the IFC district established by the order, the number of members to be appointed from each council (which may, in the case of any particular council, be none);
- (c) the number of members falling within paragraph [(c)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/c/enacted) of subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/151/1/enacted) and the person or persons by whom they are to be appointed.
- (c) the number of members falling within paragraph (c) of subsection (1) and the person or persons by whom they are to be appointed.
- (6) An order under section 149 establishing an IFC district may also include provision about—
@@ -4875,21 +4877,21 @@
- (j) the delegation by the authority of any of its functions to a sub-committee, member or employee of the authority;
- (k) the payment by the authority of allowances to a member and the reimbursement by it of a member’s expenses.
- (k) the payment by the authority of allowances to a member and the reimbursement by it of a member's expenses.
- (7) The following provisions (which make provision about proceedings of local authority committees and joint committees) have effect in relation to the authority for an IFC district subject to provision made by the order establishing the district—
- (a) sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of Schedule 12 to, the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70);
- (b) section 13 of the [Local Government and Housing Act 1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42);
- (c) Chapter 1 of Part 3 of the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22).
- (a) sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of Schedule 12 to, the Local Government Act 1972 (c. 70);
- (b) section 13 of the Local Government and Housing Act 1989 (c. 42);
- (c) Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22).
- (8) In this section—
- “the fishing community” means all persons with any sort of interest in the exploitation of sea fisheries resources or in fisheries for such resources;
- “marine environmental matters” means— the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas, or the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.
- “*the fishing community*” means all persons with any sort of interest in the exploitation of sea fisheries resources or in fisheries for such resources;
- “*marine environmental matters*” means—the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas, orthe conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.
- (9) Until the date of the coming into force of section 1, the reference in subsection (1)(b) to the MMO is to be read as a reference to the Secretary of State.
@@ -4927,21 +4929,21 @@
- (1) The authority for an IFC district must manage the exploitation of sea fisheries resources in that district.
- (2) In performing its duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/1/enacted), the authority for an IFC district must—
- (2) In performing its duty under subsection (1), the authority for an IFC district must—
- (a) seek to ensure that the exploitation of sea fisheries resources is carried out in a sustainable way,
- (b) seek to balance the social and economic benefits of exploiting the sea fisheries resources of the district with the need to protect the marine environment from, or promote its recovery from, the effects of such exploitation,
- (c) take any other steps which in the authority’s opinion are necessary or expedient for the purpose of making a contribution to the achievement of sustainable development, and
- (c) take any other steps which in the authority's opinion are necessary or expedient for the purpose of making a contribution to the achievement of sustainable development, and
- (d) seek to balance the different needs of persons engaged in the exploitation of sea fisheries resources in the district.
- (3) The Secretary of State may give guidance to the authority for an IFC district with respect to the performance of its duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/1/enacted).
- (4) The Secretary of State must give every IFC authority guidance as to how the authority is to perform its duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/1/enacted) so as to make a contribution to the achievement of sustainable development.
- (5) In performing its duty under subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/1/enacted), the authority for an IFC district must have regard to any guidance given to it by the Secretary of State.
- (3) The Secretary of State may give guidance to the authority for an IFC district with respect to the performance of its duty under subsection (1).
- (4) The Secretary of State must give every IFC authority guidance as to how the authority is to perform its duty under subsection (1) so as to make a contribution to the achievement of sustainable development.
- (5) In performing its duty under subsection (1), the authority for an IFC district must have regard to any guidance given to it by the Secretary of State.
- (6) Before giving any such guidance the Secretary of State must consult—
@@ -4957,13 +4959,13 @@
- (c) the resources available, or likely to be available, to each IFC authority to which the Secretary of State is proposing to give guidance.
- (8) The Secretary of State must publish, in such manner as the Secretary of State may determine, any guidance given to IFC authorities by virtue of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/4/enacted).
- (8) The Secretary of State must publish, in such manner as the Secretary of State may determine, any guidance given to IFC authorities by virtue of subsection (4).
- (9) An IFC authority that has been given any such guidance must provide any person on request with a copy of the whole or any part of any such guidance.
- (10) In this Chapter “sea fisheries resources” means any animals or plants, other than fish falling within subsection [(11)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/11/enacted), that habitually live in the sea, including those that are cultivated in the sea.
- (11) The fish referred to in subsection [(10)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/10/enacted) are—
- (10) In this Chapter “*sea fisheries resources*” means any animals or plants, other than fish falling within subsection (11), that habitually live in the sea, including those that are cultivated in the sea.
- (11) The fish referred to in subsection (10) are—
- (a) salmon, trout, eels, lampreys, smelt and shad;
@@ -4971,7 +4973,7 @@
- (c) any freshwater fish.
In this subsection “eels”, “freshwater fish”, “salmon”, “smelt” and “trout” have the same meanings as in the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) (see section 41 of that Act).
In this subsection “*eels*”, “*freshwater fish*”, “*salmon*”, “*smelt*” and “*trout*” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975 (c. 51) (see section 41 of that Act).
- (12) Any reference in this Chapter to the “exploitation” of sea fisheries resources is a reference to any activity relating to the exploitation of such resources, whether carried out for commercial purposes or otherwise, including—
@@ -4991,7 +4993,7 @@
- (3) In this section—
- (a) “MCZ” means a marine conservation zone designated by an order under section 116;
- (a) “*MCZ*” means a marine conservation zone designated by an order under section 116;
- (b) the reference to the conservation objectives of an MCZ is a reference to the conservation objectives stated for the MCZ under section 117(2)(b).
@@ -5031,7 +5033,7 @@
- (f) subsection (8) (information).
- (2) In the following provisions of this section “specified” means specified in the byelaw.
- (2) In the following provisions of this section “*specified*” means specified in the byelaw.
- (3) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
@@ -5067,7 +5069,7 @@
- (c) provision requiring such material to be re-deposited in specified localities;
- (d) provision constituting, within an IFC district, a district of oyster cultivation for the purposes of subsection (2)(c) of section 16 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (which prohibits the sale of oysters between certain dates);
- (d) provision constituting, within an IFC district, a district of oyster cultivation for the purposes of subsection (2)(c) of section 16 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (which prohibits the sale of oysters between certain dates);
- (e) provision directing that section 17(2) of that Act (which affords a defence to a person charged with an offence under that section) does not apply.
@@ -5133,7 +5135,7 @@
- (b) power to provide for a byelaw to cease to have effect after a specified period.
- (3) Subject to subsection (5), the provision that may be made by a byelaw under section 155 includes provision that prohibits, restricts or otherwise interferes with the exercise of a right to which subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/158/4/enacted) applies.
- (3) Subject to subsection (5), the provision that may be made by a byelaw under section 155 includes provision that prohibits, restricts or otherwise interferes with the exercise of a right to which subsection (4) applies.
- (4) This subsection applies to—
@@ -5145,17 +5147,17 @@
- (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to any of the following sites—
- (a) a site of special scientific interest, within the meaning of Part 2 of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69);
- (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981 (c. 69);
- (b) a national nature reserve declared in accordance with section 35 of that Act;
- (c) a Ramsar site, within the meaning of section 37A of that Act;
- (d) a European marine site, within the meaning of the Conservation (Natural Habitats, &c) Regulations 1994 ([S.I. 1994/2716](https://www.legislation.gov.uk/uksi/1994/2716));
- (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2010 ([S.I. 2010/490](https://www.legislation.gov.uk/uksi/2010/490)) (see regulation 8);
- (e) a marine conservation zone designated by an order under section 116.
- (7) In this section “specified” means specified in the byelaw.
- (7) In this section “*specified*” means specified in the byelaw.
#### Power of Secretary of State to amend or revoke byelaws
@@ -5177,7 +5179,7 @@
- (4) An order made under this section must be published in such manner as the Secretary of State may by regulations provide.
- (5) Nothing in this section affects the power of an IFC authority by virtue of section 14 of the [Interpretation Act 1978 (c. 30)](https://www.legislation.gov.uk/ukpga/1978/30) to amend or revoke any byelaw that it has made.
- (5) Nothing in this section affects the power of an IFC authority by virtue of section 14 of the Interpretation Act 1978 (c. 30) to amend or revoke any byelaw that it has made.
#### Byelaws: procedure
@@ -5205,21 +5207,21 @@
- (i) provision about steps to be taken by an IFC authority where a byelaw is amended or revoked by the Secretary of State.
- (3) Regulations under this section may make different provision for cases where an IFC authority has entered into an agreement under section 167 authorising a body to perform any of the authority’s functions relating to byelaws.
- (3) Regulations under this section may make different provision for cases where an IFC authority has entered into an agreement under section 167 authorising a body to perform any of the authority's functions relating to byelaws.
#### Inquiries
##### 161
- (1) Subsections (2) to (5) of section 250 of the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70) (local inquiries: evidence and costs) apply, with the modifications described in subsection (2) of this section, to any inquiry under section 155(5) or section 159(3) as they apply to inquiries under section 250 of that Act.
- (1) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (local inquiries: evidence and costs) apply, with the modifications described in subsection (2) of this section, to any inquiry under section 155(5) or section 159(3) as they apply to inquiries under section 250 of that Act.
- (2) The modifications are—
- (a) references in section 250 of the [Local Government Act 1972](https://www.legislation.gov.uk/ukpga/1972/70) to the person appointed to hold the inquiry are to be read as references to the Secretary of State;
- (a) references in section 250 of the Local Government Act 1972 to the person appointed to hold the inquiry are to be read as references to the Secretary of State;
- (b) references in that section to the Minister causing an inquiry to be held are to be read as references to the Secretary of State;
- (c) subsection (3) of that section applies as if for the words from “a fine” to the end there were substituted “a fine not exceeding level 1 on the standard scale”;
- (c) subsection (3) of that section applies as if for the words from “a fine” to the end there were substituted “ a fine not exceeding level 1 on the standard scale ”;
- (d) references in subsection (4) of that section to a local authority or a party to the inquiry are to be read as references to the IFC authority that made the byelaw to which the inquiry relates.
@@ -5229,7 +5231,7 @@
- (1) The production of a signed copy of any byelaw made under section 155 is conclusive evidence of the byelaw and of the fact that it has been made and has effect in accordance with provision made by or under this Chapter.
- (2) In subsection (1) “signed” means—
- (2) In subsection (1) “*signed*” means—
- (a) in the case of an emergency byelaw, signed by a person who—
@@ -5255,7 +5257,7 @@
- (4) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales.
- (5) In this section “contravention” includes failure to comply; and “contravene” is to be read accordingly.
- (5) In this section “*contravention*” includes failure to comply; and “contravene” is to be read accordingly.
#### Powers of court following conviction
@@ -5281,7 +5283,7 @@
for such period as the court thinks fit.
- (6) In subsection (5) “IFC authority permit” means a permit granted by an IFC authority.
- (6) In subsection (5) “*IFC authority permit*” means a permit granted by an IFC authority.
### Enforcement
@@ -5303,9 +5305,9 @@
- (a) any byelaws made under section 155 for the district (or having effect as if so made);
- (b) sections 1 to 3, 5 and 6 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) and any orders made under any of those sections;
- (c) any provision made by or under an order under section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) conferring a right of regulating a fishery;
- (b) sections 1 to 3, 5 and 6 of the Sea Fish (Conservation) Act 1967 (c. 84) and any orders made under any of those sections;
- (c) any provision made by or under an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) conferring a right of regulating a fishery;
- (d) any provision of, or any rights conferred by, section 7 of that Act;
@@ -5357,7 +5359,7 @@
- (8) Nothing in this section affects any right of hot pursuit which an IFC officer may have under international law.
- (9) The powers which an IFC officer has for the purposes referred to in subsection (1) may not be exercised in relation to any warship belonging to Her Majesty and forming part of Her Majesty’s armed forces.
- (9) The powers which an IFC officer has for the purposes referred to in subsection (1) may not be exercised in relation to any warship belonging to Her Majesty and forming part of Her Majesty's armed forces.
### Power to delegate functions
@@ -5371,7 +5373,7 @@
- (b) subject to paragraph (a), either generally or in specified cases.
“Specified” means specified in the agreement.
“*Specified*” means specified in the agreement.
- (2) For the purposes of this section and sections 168 to 171—
@@ -5379,7 +5381,7 @@
- (b) any reference to an agreement is to an agreement under this section.
- (3) The Secretary of State’s approval may be given—
- (3) The Secretary of State's approval may be given—
- (a) in relation to a particular agreement or in relation to a description of agreements;
@@ -5399,7 +5401,7 @@
##### 168
- (1) In this Chapter “eligible body”, in relation to an agreement entered into by the authority for an IFC district, means any body in the following list—
- (1) In this Chapter “*eligible body*”, in relation to an agreement entered into by the authority for an IFC district, means any body in the following list—
- (a) the authority for any IFC district that adjoins the district;
@@ -5417,7 +5419,7 @@
- (b) the Secretary of State is satisfied that at least one of the purposes or functions of the body, or bodies of the description, to be added to the list is, or is related to or connected with, an inshore marine function.
- (4) In this section “inshore marine function” means any function which relates to, or whose exercise is capable of affecting, the whole or any part of the English inshore region.
- (4) In this section “*inshore marine function*” means any function which relates to, or whose exercise is capable of affecting, the whole or any part of the English inshore region.
#### Variation, review and cancellation of agreements under section 167
@@ -5487,7 +5489,7 @@
- (d) requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of such an agreement.
- (4) Schedule 15 to the [Deregulation and Contracting Out Act 1994 (c. 40)](https://www.legislation.gov.uk/ukpga/1994/40) (restrictions on disclosure of information) applies in relation to an authorisation by an IFC authority or an eligible body under section 167 or 170 of this Act as it applies in relation to an authorisation under section 69 of that Act by an office-holder.
- (4) Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) (restrictions on disclosure of information) applies in relation to an authorisation by an IFC authority or an eligible body under section 167 or 170 of this Act as it applies in relation to an authorisation under section 69 of that Act by an office-holder.
### Other powers and duties of IFC authorities
@@ -5499,17 +5501,17 @@
- (2) Subject to any provision made by or under any Act, the power conferred by subsection (1) includes power to stock or restock a public fishery for any sea fisheries resources.
- (3) Nothing in this Chapter is to be taken as preventing an IFC authority from making an application for, or being the grantee of, an order under section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (orders as to fisheries for shellfish).
- (3) Nothing in this Chapter is to be taken as preventing an IFC authority from making an application for, or being the grantee of, an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (orders as to fisheries for shellfish).
#### Provision of services by IFC authorities
##### 173
- (1) An IFC authority may enter into arrangements with another person or body for the provision by the authority of services that are required by the person or body in connection with the exercise of the person’s or body’s functions.
- (1) An IFC authority may enter into arrangements with another person or body for the provision by the authority of services that are required by the person or body in connection with the exercise of the person's or body's functions.
- (2) The power conferred by subsection (1) includes—
- (a) power to enter into arrangements with any person who is entitled to a right of regulating a fishery conferred by an order under section 1 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) for the provision of services that are required by the person in connection with the enforcement of any provision made by or under the order;
- (a) power to enter into arrangements with any person who is entitled to a right of regulating a fishery conferred by an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 for the provision of services that are required by the person in connection with the enforcement of any provision made by or under the order;
- (b) power to enter into arrangements with—
@@ -5547,7 +5549,7 @@
- (a) proceedings of the IFC authority;
- (b) sea fisheries within the authority’s district;
- (b) sea fisheries within the authority's district;
- (c) the effect of the exploitation of sea fisheries resources in that district on the marine environment.
@@ -5563,7 +5565,7 @@
##### 177
- (1) Before the beginning of each financial year every IFC authority must make and publish a plan setting out the authority’s main objectives and priorities for the year.
- (1) Before the beginning of each financial year every IFC authority must make and publish a plan setting out the authority's main objectives and priorities for the year.
- (2) The IFC authority must send a copy of its plan to the Secretary of State.
@@ -5605,9 +5607,9 @@
The order may provide for the portion of the expenses payable by a relevant council to be calculated by reference to any circumstances whatsoever.
- (3) Accordingly, section 103 of the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70) (expenses of joint committees) does not apply in relation to an IFC authority.
- (4) The total amount of an IFC authority’s expenses to be defrayed under subsection (1) for any particular financial year may be vetoed by a vote of those members of the IFC authority who are members of a relevant council.
- (3) Accordingly, section 103 of the Local Government Act 1972 (c. 70) (expenses of joint committees) does not apply in relation to an IFC authority.
- (4) The total amount of an IFC authority's expenses to be defrayed under subsection (1) for any particular financial year may be vetoed by a vote of those members of the IFC authority who are members of a relevant council.
#### IFC authority as party to proceedings
@@ -5625,7 +5627,7 @@
##### 182
- (1) No person who is a member or employee of an IFC authority is to be liable for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the authority’s functions.
- (1) No person who is a member or employee of an IFC authority is to be liable for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the authority's functions.
- (2) Subsection (1) does not apply if the act or omission is shown to have been in bad faith.
@@ -5639,7 +5641,7 @@
- (1) As soon as is reasonably practicable after the end of every relevant four-year period, the Secretary of State must lay before Parliament a report about the conduct and operation of the authorities for any IFC districts in existence during the whole or part of that period.
- (2) In this section “relevant four-year period” means—
- (2) In this section “*relevant four-year period*” means—
- (a) the period of four years beginning with the day on which the Secretary of State first made an order under section 149;
@@ -5663,7 +5665,7 @@
- (3) Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.
- (4) For the purposes of this section “Crown land” means land an interest in which—
- (4) For the purposes of this section “*Crown land*” means land an interest in which—
- (a) belongs to Her Majesty in right of the Crown or in right of Her private estates,
@@ -5673,7 +5675,7 @@
- (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
- (5) In this section references to Her Majesty’s private estates are to be construed in accordance with section 1 of the [Crown Private Estates Act 1862 (c. 37)](https://www.legislation.gov.uk/ukpga/1862/37).
- (5) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
#### Interpretation of this Chapter
@@ -5681,33 +5683,33 @@
- (1) In this Chapter—
- “authority for an IFC district” is to be read in accordance with section 150[(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/150/2/enacted);
- “eligible body” has the meaning given by section 168;
- “IFC authority” means an inshore fisheries and conservation authority (see section 150);
- “IFC district” means an inshore fisheries and conservation district (see section 149);
- “IFC officer” means an inshore fisheries and conservation officer (see section 165);
- “local authority area” means— a county, a London borough or a metropolitan district, a non-metropolitan district comprised in an area for which there is no county council, the City of London, or the Isles of Scilly;
- “the marine environment” includes— geological or physiographical features of marine or coastal areas; features of archaeological or historic interest in such areas; flora and fauna which are dependent on, or associated with, a marine or coastal environment;
- “master” includes, in relation to any vessel, the person for the time being in command or charge of the vessel;
- “relevant council”, in relation to an IFC district, means the council for a local authority area falling within the district;
- “sea fisheries resources” has the meaning given by section 153;
- “seashore” means the shore and bed of the sea;
- “shellfish” includes crustaceans and molluscs of any kind;
- “vessel” includes any ship or boat or any other description of vessel used in navigation.
- (2) Any reference in this Chapter to the exploitation of sea fisheries resources is to be read in accordance with section 153[(12)](https://www.legislation.gov.uk/ukpga/2009/23/section/153/12/enacted).
- “*authority for an IFC district*” is to be read in accordance with section 150(2);
- “*eligible body*” has the meaning given by section 168;
- “*IFC authority*” means an inshore fisheries and conservation authority (see section 150);
- “*IFC district*” means an inshore fisheries and conservation district (see section 149);
- “*IFC officer*” means an inshore fisheries and conservation officer (see section 165);
- “*local authority area*” means—a county, a London borough or a metropolitan district,a non-metropolitan district comprised in an area for which there is no county council,the City of London, orthe Isles of Scilly;
- “*the marine environment*” includes—geological or physiographical features of marine or coastal areas;features of archaeological or historic interest in such areas;flora and fauna which are dependent on, or associated with, a marine or coastal environment;
- “*master*” includes, in relation to any vessel, the person for the time being in command or charge of the vessel;
- “*relevant council*”, in relation to an IFC district, means the council for a local authority area falling within the district;
- “*sea fisheries resources*” has the meaning given by section 153;
- “*seashore*” means the shore and bed of the sea;
- “*shellfish*” includes crustaceans and molluscs of any kind;
- “*vessel*” includes any ship or boat or any other description of vessel used in navigation.
- (2) Any reference in this Chapter to the exploitation of sea fisheries resources is to be read in accordance with section 153(12).
### Chapter 2 — Local fisheries committees
@@ -5715,13 +5717,13 @@
##### 187
The [Sea Fisheries Regulation Act 1966 (c. 38)](https://www.legislation.gov.uk/ukpga/1966/38), which provides for the establishment of sea fisheries districts and local fisheries committees, is repealed.
The Sea Fisheries Regulation Act 1966 (c. 38), which provides for the establishment of sea fisheries districts and local fisheries committees, is repealed.
#### Power to make consequential or transitional provision, etc
##### 188
- (1) The appropriate national authority may by order make such incidental, consequential, supplemental or transitional provision or savings as appear to the authority to be necessary or expedient in consequence of the repeal of the [Sea Fisheries Regulation Act 1966](https://www.legislation.gov.uk/ukpga/1966/38) (“the 1966 Act”).
- (1) The appropriate national authority may by order make such incidental, consequential, supplemental or transitional provision or savings as appear to the authority to be necessary or expedient in consequence of the repeal of the Sea Fisheries Regulation Act 1966 (“*the 1966 Act*”).
- (2) The provision that may be made by an order under this section includes—
@@ -5745,7 +5747,7 @@
- (a) provision for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in, or determined in accordance with, the order;
- (b) provision for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned, including any rights conferred by an order made under section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83);
- (b) provision for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned, including any rights conferred by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83);
- (c) provision for an order under this section providing for the transfer of property, rights or liabilities to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
@@ -5755,21 +5757,21 @@
- (b) any property of a relevant local authority held for the purposes of such a committee.
- (5) In subsection (2)(d) “enactment” includes an enactment comprised in subordinate legislation.
- (5) In subsection (2)(d) “*enactment*” includes an enactment comprised in subordinate legislation.
- (6) In this section—
- “appropriate national authority” means— in relation to sea fisheries districts in England, or any part of a sea fisheries district lying in England, the Secretary of State; in relation to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales, the Welsh Ministers;
- “England” includes the English inshore region;
- “local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the 1966 Act;
- “relevant local authority” means— in the case of a local fisheries committee that is a committee of a county, county borough or metropolitan district council, that council; in the case of a local fisheries committee that is a joint committee of two or more such councils, any of those councils;
- “specified” means specified in the order;
- “Wales” includes the Welsh inshore region.
- “*appropriate national authority*” means—in relation to sea fisheries districts in England, or any part of a sea fisheries district lying in England, the Secretary of State;in relation to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales, the Welsh Ministers;
- “*England*” includes the English inshore region;
- “*local fisheries committee*” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the 1966 Act;
- “*relevant local authority*” means—in the case of a local fisheries committee that is a committee of a county, county borough or metropolitan district council, that council;in the case of a local fisheries committee that is a joint committee of two or more such councils, any of those councils;
- “*specified*” means specified in the order;
- “*Wales*” includes the Welsh inshore region.
### Chapter 3 — Inshore fisheries in Wales
@@ -5783,9 +5785,9 @@
- (3) In this section—
- “authority for an IFC district” has the same meaning as in Chapter 1 of this Part;
- “Wales” has the same meaning as in the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32).
- “*authority for an IFC district*” has the same meaning as in Chapter 1 of this Part;
- “*Wales*” has the same meaning as in the Government of Wales Act 2006 (c. 32).
#### Offences
@@ -5803,7 +5805,7 @@
- (6) Despite subsection (5), this section applies to persons in the public service of the Crown as it applies to other persons.
- (7) In this section “contravention” includes failure to comply; and “contravene” is to be read accordingly.
- (7) In this section “*contravention*” includes failure to comply; and “contravene” is to be read accordingly.
#### Powers of court following conviction
@@ -5829,7 +5831,7 @@
for such period as the court thinks fit.
- (6) In this section “sea fisheries resources” has the same meaning as in Chapter 1 of this Part (see section 153).
- (6) In this section “*sea fisheries resources*” has the same meaning as in Chapter 1 of this Part (see section 153).
#### Power to provide services for purposes of enforcement
@@ -5837,7 +5839,7 @@
- (1) The Welsh Ministers may—
- (a) enter into arrangements with any person who is entitled to a right of regulating a fishery conferred by an order under section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) for the provision of services that are required by the person in connection with the enforcement of any provision made by or under the order;
- (a) enter into arrangements with any person who is entitled to a right of regulating a fishery conferred by an order under section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) for the provision of services that are required by the person in connection with the enforcement of any provision made by or under the order;
- (b) enter into arrangements with—
@@ -5853,7 +5855,7 @@
##### 193
- (1) Section 2 of the [Coast Protection Act 1949 (c. 74)](https://www.legislation.gov.uk/ukpga/1949/74) (constitution of coast protection boards) is amended as set out in subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/193/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/193/3/enacted).
- (1) Section 2 of the Coast Protection Act 1949 (c. 74) (constitution of coast protection boards) is amended as set out in subsections (2) and (3).
- (2) In subsection (2), after paragraph (b) insert—
@@ -5861,12 +5863,13 @@
.
- (3) In subsection (8)(a), after “Sea Fish Industry Act 1951,” insert “or the Welsh Ministers,”.
- (4) In section 27(1) of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69) (interpretation of Part 1), in paragraph (c) of the definition of “authorised person”, for “by any” substitute
- (3) In subsection (8)(a), after “Sea Fish Industry Act 1951,” insert “ or the Welsh Ministers, ”.
- (4) In section 27(1) of the Wildlife and Countryside Act 1981 (c. 69) (interpretation of Part 1), in paragraph (c) of the definition of “authorised person”, for “by any” substitute
> by—
> - the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009); any
> (i) the Welsh Ministers, in relation to things done for purposes relating to fishing or fisheries in the Welsh inshore region (within the meaning of the Marine and Coastal Access Act 2009);
> (ii) any
.
@@ -5878,36 +5881,40 @@
##### 194
- (1) Section 1 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (size limits, etc for fish) is amended as follows.
- (2) In subsection (1), for the words from “, being a fish” to “prescribed” substitute “which does not meet such requirements as to size as may be prescribed”.
- (3) In subsection (2), for the words from “, being a fish” to “prescribed” substitute “which does not meet such requirements as to size as may be prescribed”.
- (1) Section 1 of the Sea Fish (Conservation) Act 1967 (c. 84) (size limits, etc for fish) is amended as follows.
- (2) In subsection (1), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”.
- (3) In subsection (2), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”.
- (4) For subsection (3) substitute—
> (3) Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the appropriate national authority shall not be carried, whether within or outside relevant British fishery limits, on a relevant British vessel; and an order under this subsection may prohibit the carrying by a Scottish or Northern Ireland fishing boat or a foreign vessel in waters to which subsection (3A) applies of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description.
> (3A) This subsection applies to the sea within British fishery limits, other than the Scottish zone and the Northern Ireland zone.
> “Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).
> “*Northern Ireland zone*” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).
- (5) For subsection (9) substitute—
> (9) In this section—
> - “the appropriate national authority” means— in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers; in any other case, the Secretary of State;
> - “foreign vessel” means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat;
> - “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
> - “relevant British vessel” means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which— is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.
> - “*the appropriate national authority*” means—
> 1. in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;
> 2. in any other case, the Secretary of State;
> - “*foreign vessel*” means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat;
> - “*Northern Ireland fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
> - “*relevant British vessel*” means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which—
> 1. is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or
> 2. is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.
#### Regulation of nets and other fishing gear
##### 195
- (1) Section 3 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (regulation of nets and other fishing gear) is amended as follows.
- (1) Section 3 of the Sea Fish (Conservation) Act 1967 (c. 84) (regulation of nets and other fishing gear) is amended as follows.
- (2) After subsection (2) insert—
> (2A) An order under this section may be made by the appropriate national authority so as to extend to nets or other fishing gear used by any person, otherwise than from a fishing boat, for fishing for or taking sea fish in the sea within the seaward limits of the territorial sea adjacent to England and Wales.
> (2B) In subsection (2A) above “the appropriate national authority” means—
> (2B) In subsection (2A) above “*the appropriate national authority*” means—
> (a) in relation to England, the Secretary of State;
> (b) in relation to Wales, the Welsh Ministers.
@@ -5919,7 +5926,7 @@
##### 196
- (1) In section 4 of the [Sea Fish (Conservation) Act 1967](https://www.legislation.gov.uk/ukpga/1967/84) (licensing of fishing boats) after subsection (4) (power to authorise charges for licences) insert—
- (1) In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) after subsection (4) (power to authorise charges for licences) insert—
> (4A) The provision that may be made in an order by virtue of subsection (4) above includes—
> (a) provision for the amount of any charge to be specified in, or determined in accordance with provision made by, the order;
@@ -5934,7 +5941,7 @@
##### 197
In section 4 of the [Sea Fish (Conservation) Act 1967](https://www.legislation.gov.uk/ukpga/1967/84) (licensing of fishing boats) after subsection (6) (power to grant licences subject to conditions) insert—
In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) after subsection (6) (power to grant licences subject to conditions) insert—
> (6ZA) The conditions subject to which a licence may be granted under this section include conditions imposed for the purposes of—
> (a) conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
@@ -5944,7 +5951,7 @@
##### 198
- (1) Section 5 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (power to restrict fishing for sea fish) is amended as follows.
- (1) Section 5 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to restrict fishing for sea fish) is amended as follows.
- (2) For subsection (1) substitute—
@@ -5970,21 +5977,23 @@
> (a) a British fishing boat, other than a Scottish fishing boat or a Northern Ireland fishing boat, that is registered in the United Kingdom; or
> (b) in so far as the order relates to fishing for salmon or migratory trout, a fishing boat which is British-owned but not registered under the Merchant Shipping Act 1995.
> (9) In this section—
> - “the appropriate national authority” means— in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers; in any other case, the Secretary of State;
> - “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
> - “Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).
> - “*the appropriate national authority*” means—
> 1. in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;
> 2. in any other case, the Secretary of State;
> - “*Northern Ireland fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
> - “*Northern Ireland zone*” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).
#### Penalties for offences
##### 199
- (1) The [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) is amended as follows.
- (1) The Sea Fish (Conservation) Act 1967 (c. 84) is amended as follows.
- (2) In section 11 (penalties for offences), in subsection (1)(a)—
- (a) for “section 4(3) or (6)” substitute “section 1, 2, 3, 4(3), (6) or (9A)”;
- (b) for “5(1) or 6(5A)(a)” substitute “5(1) or (6) or 6(5) or (5A)”.
- (a) for “section 4(3) or (6)” substitute “ section 1, 2, 3, 4(3), (6) or (9A) ”;
- (b) for “5(1) or 6(5A)(a)” substitute “ 5(1) or (6) or 6(5) or (5A) ”.
- (3) In section 15 (powers of British sea-fishery officers for enforcement of that Act)—
@@ -6004,7 +6013,7 @@
##### 200
In the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84), for section 12 (offences committed by bodies corporate) substitute—
In the Sea Fish (Conservation) Act 1967 (c. 84), for section 12 (offences committed by bodies corporate) substitute—
> (12)
> (1) Where a relevant offence has been committed by a body corporate and it is proved that the offence—
@@ -6019,7 +6028,7 @@
> (a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
> (b) is attributable to any neglect on the part of such a person,
> that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
> (5) In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.
> (5) In this section “*relevant offence*” means an offence under any provision of sections 1 to 6 of this Act.
#### Minor and consequential amendments
@@ -6033,9 +6042,9 @@
##### 202
- (1) Section 1 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (power to make orders as to fisheries for shellfish) is amended as set out in subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/202/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/202/3/enacted).
- (2) In subsection (1), for the words from “shellfish” to “Minister” substitute “shellfish of any kind specified in the order”.
- (1) Section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders as to fisheries for shellfish) is amended as set out in subsections (2) and (3).
- (2) In subsection (1), for the words from “shellfish” to “Minister” substitute “ shellfish of any kind specified in the order ”.
- (3) Omit subsection (4) (certain consents required for orders made in relation to land belonging to Crown etc).
@@ -6047,17 +6056,17 @@
> (2) Where the proposed order relates to any portion of the sea shore belonging to Her Majesty in right of the Crown, the appropriate Minister shall also have regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961.
- (5) In section 15 of the [Sea Fisheries Act 1968 (c. 77)](https://www.legislation.gov.uk/ukpga/1968/77) (which amended section 1 of the Sea Fisheries (Shellfish) Act 1967)—
- (5) In section 15 of the Sea Fisheries Act 1968 (c. 77) (which amended section 1 of the Sea Fisheries (Shellfish) Act 1967)—
- (a) omit subsection (2);
- (b) in subsection (3), for “that section” substitute “section 1 of that Act”.
- (b) in subsection (3), for “that section” substitute “ section 1 of that Act ”.
#### Variation etc of orders as a result of development
##### 203
In section 1 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (power to make orders as to fisheries for shellfish), for subsection (6) substitute—
In section 1 of the Sea Fisheries (Shellfish) Act 1967 (power to make orders as to fisheries for shellfish), for subsection (6) substitute—
> (6) Any order made under this section may be varied or revoked by a subsequent order made under this section.
> (7) Subject to subsection (8) below, subsections (1) to (5) above shall apply in relation to any such subsequent order and to an application for such an order as they apply in relation to an original order made under this section and to an application for such an order.
@@ -6075,21 +6084,21 @@
> (a) any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the affected area by virtue of an order under this section, and
> (b) the owners or reputed owners, lessees or reputed lessees and occupiers, if any, of the affected area.
> (13) The appropriate Minister may require the owners of the affected area to provide him with such information relating to the development as he may reasonably require for the purpose of deciding whether to make an order by virtue of subsection (10) above.
> (14) In this section “development” has the same meaning as in the Town and Country Planning Act 1990.
> (14) In this section “*development*” has the same meaning as in the Town and Country Planning Act 1990.
#### Purposes for which tolls etc may be applied
##### 204
- (1) Section 3 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (effect of grant of right of regulating a fishery) is amended as follows.
- (2) In subsection (1)(c), for “improving and cultivating” substitute “regulating”.
- (1) Section 3 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (effect of grant of right of regulating a fishery) is amended as follows.
- (2) In subsection (1)(c), for “improving and cultivating” substitute “ regulating ”.
- (3) In subsection (2)—
- (a) before “any such tolls” insert “, subject to subsection (2A) of this section,”;
- (b) for “in the improvement and cultivation of” substitute “for purposes relating to the regulation of”.
- (a) before “any such tolls” insert “ , subject to subsection (2A) of this section, ”;
- (b) for “in the improvement and cultivation of” substitute “ for purposes relating to the regulation of ”.
- (4) After that subsection insert—
@@ -6098,29 +6107,29 @@
> (b) imposes tolls or royalties upon persons dredging, fishing for and taking shellfish within the limits of the fishery, or of that part of the fishery within which the right is exercisable,
> may provide that the grantees may, for the purposes of recouping any costs incurred by the grantees in connection with applying for the order, retain such portion of those tolls and royalties as may be specified in the order.
- (5) In subsection (4), for “for the improvement and cultivation of” substitute “for purposes relating to the regulation of”.
- (5) In subsection (4), for “for the improvement and cultivation of” substitute “ for purposes relating to the regulation of ”.
#### Increase in penalties for certain offences relating to fisheries for shellfish
##### 205
- (1) The [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) is amended as follows.
- (2) In section 3(3) (offence of dredging, fishing for or taking shellfish in contravention of any restriction or regulation, etc.), for “level 5 on the standard scale” substitute “£50,000”.
- (3) In section 7(4) (offences in relation to certain fisheries), for “level 5 on the standard scale” substitute “£50,000”.
- (1) The Sea Fisheries (Shellfish) Act 1967 (c. 83) is amended as follows.
- (2) In section 3(3) (offence of dredging, fishing for or taking shellfish in contravention of any restriction or regulation, etc.), for “level 5 on the standard scale” substitute “ £50,000 ”.
- (3) In section 7(4) (offences in relation to certain fisheries), for “level 5 on the standard scale” substitute “ £50,000 ”.
#### Liability of master, etc where vessel used in commission of offence
##### 206
- (1) In section 3 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (effect of grant of right of regulating a fishery), after subsection (4) insert—
- (1) In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of regulating a fishery), after subsection (4) insert—
> (5) Where any sea fishing boat is used in the commission of an offence under subsection (3) of this section, the master, the owner and the charterer (if any) shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.
- (2) In section 22(2) of that Act (interpretation), after the definition of “land” insert—
> - “master” includes, in relation to any sea fishing boat, the person for the time being in command or charge of the boat;
> “*master*” includes, in relation to any sea fishing boat, the person for the time being in command or charge of the boat;
.
@@ -6128,7 +6137,7 @@
##### 207
In section 3 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (effect of grant of right of regulating a fishery), after subsection (5) (inserted by section 206) insert—
In section 3 of the Sea Fisheries (Shellfish) Act 1967 (effect of grant of right of regulating a fishery), after subsection (5) (inserted by section 206) insert—
> (6) Subsection (1) of this section applies where an order under section 1 of this Act—
> (a) confers on the grantees a right of regulating a fishery, and
@@ -6140,9 +6149,9 @@
##### 208
In section 4(7) of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (which enables a licence granted in respect of a regulated fishery to be cancelled if the holder is convicted of two relevant offences)—
- (a) for “, having been convicted” substitute “is convicted”;
In section 4(7) of the Sea Fisheries (Shellfish) Act 1967 (which enables a licence granted in respect of a regulated fishery to be cancelled if the holder is convicted of two relevant offences)—
- (a) for “, having been convicted” substitute “ is convicted ”;
- (b) omit “, is subsequently convicted of another such offence”.
@@ -6150,7 +6159,7 @@
##### 209
After section 4 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (licensing powers in case of regulated fishery) insert—
After section 4 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (licensing powers in case of regulated fishery) insert—
> (4ZA)
> (1) This section applies where the grantees of an order to which section 4 of this Act applies issue one or more licences in pursuance of the order.
@@ -6163,29 +6172,29 @@
##### 210
- (1) Section 7 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (protection of fisheries) is amended as follows.
- (2) In subsection (1)(b), for “private oyster bed” substitute “private shellfish bed”.
- (1) Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is amended as follows.
- (2) In subsection (1)(b), for “private oyster bed” substitute “ private shellfish bed ”.
- (3) In subsections (2) and (3)—
- (a) for “oysters” substitute “relevant shellfish”;
- (b) for “private oyster bed” substitute “private shellfish bed”.
- (4) In subsections (4) and (5)(b), for “private oyster bed” substitute “private shellfish bed”.
- (a) for “oysters” substitute “ relevant shellfish ”;
- (b) for “private oyster bed” substitute “ private shellfish bed ”.
- (4) In subsections (4) and (5)(b), for “private oyster bed” substitute “ private shellfish bed ”.
- (5) For subsection (6) substitute—
> (6) In this section—
> - “the grantees” means the persons for the time being entitled to the right of several fishery conferred by the order under section 1 of this Act;
> - “relevant shellfish”, in relation to a private shellfish bed, means the shellfish in respect of which the owner of the bed has private rights independently of this Act.
> - “*the grantees*” means the persons for the time being entitled to the right of several fishery conferred by the order under section 1 of this Act;
> - “*relevant shellfish*”, in relation to a private shellfish bed, means the shellfish in respect of which the owner of the bed has private rights independently of this Act.
#### Use of implements of fishing
##### 211
- (1) Section 7 of the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (protection of fisheries) is amended as follows.
- (1) Section 7 of the Sea Fisheries (Shellfish) Act 1967 (protection of fisheries) is amended as follows.
- (2) In subsection (4), at the end of paragraph (a)(ii) insert
@@ -6205,9 +6214,9 @@
##### 212
- (1) Section 17 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (taking and sale of certain crabs and lobsters prohibited) is amended as follows.
- (2) In subsection (1), for “subsection (2)” substitute “subsections (2) and (2A)”.
- (1) Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of certain crabs and lobsters prohibited) is amended as follows.
- (2) In subsection (1), for “subsection (2)” substitute “ subsections (2) and (2A) ”.
- (3) After subsection (2) insert—
@@ -6216,7 +6225,7 @@
> (b) the person has been granted authority by the appropriate body to take such crabs for the purpose of scientific investigation, and
> (c) the crabs were taken for that purpose and in accordance with such authority.
- (4) In subsection (3), for “and any person” substitute “and, subject to subsection (3B) of this section, any person”.
- (4) In subsection (3), for “and any person” substitute “ and, subject to subsection (3B) of this section, any person ”.
- (5) Before subsection (4) insert—
@@ -6228,22 +6237,27 @@
- (6) After subsection (5) insert—
> (6) In this section—
> - “the appropriate body” means— the Marine Management Organisation, in the case of crabs and lobsters taken from that part of the sea that is within British fishery limits and does not include— the Scottish zone, the Northern Ireland zone, or the Welsh zone; the Welsh Ministers, in the case of crabs and lobsters taken from the Welsh zone;
> - “British fishery limits” has the meaning given by section 1 of the Fishery Limits Act 1976;
> - “Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998;
> - “Welsh zone” has the same meaning as in the Government of Wales Act 2006.
> - “*the appropriate body*” means—
> 1. the Marine Management Organisation, in the case of crabs and lobsters taken from that part of the sea that is within British fishery limits and does not include—
> 1. the Scottish zone,
> 2. the Northern Ireland zone, or
> 3. the Welsh zone;
> 2. the Welsh Ministers, in the case of crabs and lobsters taken from the Welsh zone;
> - “*British fishery limits*” has the meaning given by section 1 of the Fishery Limits Act 1976;
> - “*Northern Ireland zone*” has the same meaning as in the Northern Ireland Act 1998;
> - “*Welsh zone*” has the same meaning as in the Government of Wales Act 2006.
#### Orders prohibiting the taking and sale of certain lobsters
##### 213
- (1) Section 17 of the [Sea Fisheries (Shellfish) Act 1967 (c. 83)](https://www.legislation.gov.uk/ukpga/1967/83) (taking and sale of certain crabs and lobsters prohibited) is amended as set out in subsections (2) and (3) below.
- (2) In subsection (3) (orders prohibiting the taking and sale of certain lobsters), for the words from “If the Minister” to “England and Wales,” substitute “If the appropriate national authority by order so directs, no person shall, in the part of the United Kingdom to which the order relates,”.
- (1) Section 17 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (taking and sale of certain crabs and lobsters prohibited) is amended as set out in subsections (2) and (3) below.
- (2) In subsection (3) (orders prohibiting the taking and sale of certain lobsters), for the words from “If the Minister” to “England and Wales,” substitute “ If the appropriate national authority by order so directs, no person shall, in the part of the United Kingdom to which the order relates, ”.
- (3) For subsection (3A) substitute—
> (3ZA) In subsection (3) of this section “the appropriate national authority” means—
> (3ZA) In subsection (3) of this section “*the appropriate national authority*” means—
> (a) in relation to England, the Secretary of State;
> (b) in relation to Wales, the Welsh Ministers;
> (c) in relation to Scotland, the Scottish Ministers.
@@ -6259,17 +6273,17 @@
##### 214
- (1) Schedule 1 to the [Sea Fisheries (Shellfish) Act 1967](https://www.legislation.gov.uk/ukpga/1967/83) (provisions with respect to making of orders under section 1) is amended as follows.
- (1) Schedule 1 to the Sea Fisheries (Shellfish) Act 1967 (provisions with respect to making of orders under section 1) is amended as follows.
- (2) In paragraph 4 (appointment of inspector)—
- (a) omit sub-paragraph (1);
- (b) in sub-paragraph (2), for “The appropriate Minister shall” substitute “Where he considers it appropriate to do so, the appropriate Minister may”.
- (b) in sub-paragraph (2), for “The appropriate Minister shall” substitute “ Where he considers it appropriate to do so, the appropriate Minister may ”.
- (3) Omit paragraph 5.
- (4) In paragraph 6, after “in paragraph 3 above or” insert “, in a case where an inspector has been appointed under paragraph 4 above,”.
- (4) In paragraph 6, after “in paragraph 3 above or” insert “ , in a case where an inspector has been appointed under paragraph 4 above, ”.
- (5) The amendments made by this section do not apply in relation to any application made for an order under section 1 of that Act before the coming into force of this section.
@@ -6281,21 +6295,21 @@
##### 215
- (1) In the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51), section 1 (prohibited implements) is amended as follows.
- (1) In the Salmon and Freshwater Fisheries Act 1975 (c. 51), section 1 (prohibited implements) is amended as follows.
- (2) In subsection (1), in paragraph (a)—
- (a) in sub-paragraph (iv) after “gaff,” insert “tailer,”;
- (b) for “salmon, trout or freshwater fish” substitute “salmon, trout, eels, lampreys, smelt, shad, freshwater fish and any specified fish in any waters”.
- (3) In that subsection, in paragraph (b), for “salmon, trout or freshwater fish” substitute “any such fish in any waters”.
- (4) In that subsection, in paragraph (c), for “any salmon, trout or freshwater fish” substitute “any such fish in any waters”.
- (a) in sub-paragraph (iv) after “gaff,” insert “ tailer, ”;
- (b) for “salmon, trout or freshwater fish” substitute “ salmon, trout, eels, lampreys, smelt, shad, freshwater fish and any specified fish in any waters ”.
- (3) In that subsection, in paragraph (b), for “salmon, trout or freshwater fish” substitute “ any such fish in any waters ”.
- (4) In that subsection, in paragraph (c), for “any salmon, trout or freshwater fish” substitute “ any such fish in any waters ”.
- (5) After that subsection insert—
> (1A) In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
> (1A) In this section “*specified fish*” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
> (1B) The appropriate national authority may by order amend subsection (1)(a) above so as to—
> (a) add any instrument to it; or
> (b) remove any instrument for the time being specified in it.
@@ -6314,52 +6328,52 @@
##### 216
- (1) Section 2 of the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) (roe, spawning and unclean fish, etc) is amended as follows.
- (1) Section 2 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (roe, spawning and unclean fish, etc) is amended as follows.
- (2) In subsection (1)—
- (a) for “salmon, trout or freshwater fish” substitute “salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters”;
- (b) in paragraph (b), for “any roe of salmon or trout” substitute “any fish roe”.
- (a) for “salmon, trout or freshwater fish” substitute “ salmon, trout, eels, lampreys, smelt, shad, freshwater fish or any specified fish in any waters ”;
- (b) in paragraph (b), for “any roe of salmon or trout” substitute “ any fish roe ”.
- (3) In subsection (2)—
- (a) after “subsections (3)” insert “, (3A)”;
- (b) in paragraph (a), for “salmon, trout or freshwater fish” substitute “salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters”;
- (c) in paragraph (b), for “any salmon, trout or freshwater fish” substitute “any such fish”.
- (a) after “subsections (3)” insert “ , (3A) ”;
- (b) in paragraph (a), for “salmon, trout or freshwater fish” substitute “ salmon, trout, lamprey, smelt, shad, freshwater fish or specified fish in any waters ”;
- (c) in paragraph (b), for “any salmon, trout or freshwater fish” substitute “ any such fish ”.
- (4) After subsection (3) insert—
> (3A) Subsection (2) above does not apply where a person takes an immature freshwater fish in circumstances prescribed by byelaws.
- (5) In subsection (5), for “salmon, trout or freshwater fish” substitute “fish of any description”.
- (5) In subsection (5), for “salmon, trout or freshwater fish” substitute “ fish of any description ”.
- (6) After that subsection insert—
> (6) In this section “specified fish” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
> (6) In this section “*specified fish*” means fish of such description as may be specified for the purposes of this section by order under section 40A below.
> (7) Subsection (3A) of section 1 above applies for the purposes of this section.
#### Licences to fish
##### 217
- (1) In section 25 of the [Salmon and Freshwater Fisheries Act 1975](https://www.legislation.gov.uk/ukpga/1975/51) (licences to fish), for subsection (1) substitute—
- (1) In section 25 of the Salmon and Freshwater Fisheries Act 1975 (licences to fish), for subsection (1) substitute—
> (1) The Agency shall by means of a system of licensing regulate fishing by licensable means of fishing for—
> (a) salmon, trout, eels, lampreys, smelt and freshwater fish; and
> (b) fish of such other description as may be specified for the purposes of this section by order under section 40A below.
> (1A) In this Act “licensable means of fishing” means any of the following—
> (1A) In this Act “*licensable means of fishing*” means any of the following—
> (a) rod and line;
> (b) an historic installation;
> (c) such other means of fishing as the appropriate national authority may by order specify.
> (1B) In this Act “historic installation” means any of the following—
> (1B) In this Act “*historic installation*” means any of the following—
> (a) a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine;
> (b) a fixed engine which was in use for taking salmon or migratory trout during the open season of 1861, in pursuance of an ancient right or mode of fishing as lawfully exercised during that open season, by virtue of any grant or charter or immemorial usage;
> (c) a fishing weir or fishing mill dam which was lawfully in use on 6th August 1861 by virtue of a grant or charter or immemorial usage.
- (2) In that section, in subsection (2), after “area or areas” insert “(or in waters of such description or descriptions)”.
- (2) In that section, in subsection (2), after “area or areas” insert “ (or in waters of such description or descriptions) ”.
- (3) In that section, in subsection (4), the words from “gaff” to “tailer or” are omitted.
@@ -6391,13 +6405,13 @@
##### 218
- (1) Section 26 of the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) (limitation of fishing licences) is amended as follows.
- (1) Section 26 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (limitation of fishing licences) is amended as follows.
- (2) In subsection (1)—
- (a) at the beginning insert “Subject to this section”;
- (b) in paragraph (a), for the words from “to be issued” to “rod and line” substitute “of any description to be issued pursuant to section 25 above in any year in relation to that area or those areas”.
- (a) at the beginning insert “ Subject to this section ”;
- (b) in paragraph (a), for the words from “to be issued” to “rod and line” substitute “ of any description to be issued pursuant to section 25 above in any year in relation to that area or those areas ”.
- (3) After that subsection insert—
@@ -6408,7 +6422,7 @@
> (a) rod and line; or
> (b) an historic installation.
- (4) In subsection (3), for “shall cause” substitute “may cause”.
- (4) In subsection (3), for “shall cause” substitute “ may cause ”.
- (5) For subsections (4) and (5) substitute—
@@ -6418,7 +6432,7 @@
##### 219
- (1) In the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51), in the heading to Part 4, after “Fishing licences” insert “and authorisations”.
- (1) In the Salmon and Freshwater Fisheries Act 1975 (c. 51), in the heading to Part 4, after “Fishing licences” insert “ and authorisations ”.
- (2) After section 27 of that Act insert—
@@ -6458,15 +6472,14 @@
- (3) In Schedule 4 to that Act (offences), in the table in paragraph 1(2), at the end insert—
| Section 27B | Unauthorised fishing etc | (a) Summarily | A fine not exceeding £50,000. |
| Section 27B | Unauthorised fishing etc | aSummarilybOn indictment | A fine not exceeding £50,000.A fine. |
| --- | --- | --- | --- |
| Section 27B | Unauthorised fishing etc | (b) On indictment | A fine. |
#### Enforcement
##### 220
- (1) Part 5 of the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) (administration and enforcement) is amended as follows.
- (1) Part 5 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (administration and enforcement) is amended as follows.
- (2) In section 31 (powers of search), in subsection (1)—
@@ -6474,7 +6487,7 @@
- (b) in paragraph (c)(i), the words “which has been caught in contravention of this Act” are omitted;
- (c) in paragraph (d) after “fish” insert “(or a sample of any fish)”;
- (c) in paragraph (d) after “fish” insert “ (or a sample of any fish) ”;
- (d) after paragraph (d) insert—
@@ -6488,7 +6501,7 @@
> (b) seize any fish suspected to have been illegally taken or sold that may be found on the premises; or
> (c) disable or destroy any dam, fishing weir, fishing mill dam or fixed engine suspected to have operated or been used illegally that may be found on the premises.
- (5) In that section, in subsection (3), for “one week” substitute “three months”.
- (5) In that section, in subsection (3), for “one week” substitute “ three months ”.
- (6) In section 34 (power to apprehend persons fishing illegally etc)—
@@ -6498,21 +6511,21 @@
- (7) In section 35 (power to require production of fishing licences), in subsection (1)—
- (a) for “being about to” substitute “intending to”;
- (b) for “to have within the preceding half hour” substitute “of having recently”;
- (c) after “in any area,” insert “in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981,”.
- (a) for “being about to” substitute “ intending to ”;
- (b) for “to have within the preceding half hour” substitute “ of having recently ”;
- (c) after “in any area,” insert “ in circumstances where the fishing would require a licence or authorisation under this Act or a licence under section 16 of the Wildlife and Countryside Act 1981, ”.
- (8) In that section, subsection (2) is omitted.
- (9) In Schedule 4 (offences), in paragraph 1(2), in the fourth column of the table, in the entry relating to section 5(1), for “The prescribed sum” substitute “£50,000”.
- (9) In Schedule 4 (offences), in paragraph 1(2), in the fourth column of the table, in the entry relating to section 5(1), for “The prescribed sum” substitute “ £50,000 ”.
#### Power to specify fish
##### 221
- (1) After section 40 of the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) insert—
- (1) After section 40 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) insert—
> (40A) The appropriate national authority may by order specify fish of any description for the purposes of any or all of the following—
> (a) section 1, 2, 25 or 27A above;
@@ -6522,7 +6535,9 @@
- (2) In section 41 of that Act (interpretation), in subsection (1), after the definition of “the Agency” insert—
> - “the appropriate national authority” means— the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006); in relation to Wales (within that meaning), the Welsh Ministers;
> “*the appropriate national authority*” means—
> (a) the Secretary of State, except in relation to Wales (within the meaning of the Government of Wales Act 2006);
> (b) in relation to Wales (within that meaning), the Welsh Ministers;
.
@@ -6530,7 +6545,7 @@
##### 222
After section 40A of the [Salmon and Freshwater Fisheries Act 1975](https://www.legislation.gov.uk/ukpga/1975/51) (as inserted by section 221 above) insert—
After section 40A of the Salmon and Freshwater Fisheries Act 1975 (as inserted by section 221 above) insert—
> (40B)
> (1) An order under section 1, 25 or 40A above may make different provision for different purposes (and, in particular, different provision in relation to different areas or waters).
@@ -6543,35 +6558,38 @@
##### 223
- (1) In section 41 of the [Salmon and Freshwater Fisheries Act 1975](https://www.legislation.gov.uk/ukpga/1975/51) (interpretation), subsection (1) is amended as follows.
- (1) In section 41 of the Salmon and Freshwater Fisheries Act 1975 (interpretation), subsection (1) is amended as follows.
- (2) For the definition of “eels” substitute—
> - “eels” means any fish of the species *Anguilla anguilla*, and includes elvers and the fry of eels;
> “*eels*” means any fish of the species *Anguilla anguilla*, and includes elvers and the fry of eels;
.
- (3) After that definition insert—
> - “fish” includes crustaceans and molluscs;
> - “*fish*” includes crustaceans and molluscs;
.
- (4) After the definition of “foreshore” insert—
> - “freshwater crayfish” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae;
> “*freshwater crayfish*” means any freshwater decapod crustacean of the Families Astacidae, Cambaridae or Parastacidae;
.
- (5) For the definition of “freshwater fish” substitute—
> - “freshwater fish” means any fish habitually living in fresh water, exclusive of— salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn; any kind of crustacean other than freshwater crayfish and Chinese mitten crabs (*Eriocheir sinensis*); and any kind of mollusc;
> “*freshwater fish*” means any fish habitually living in fresh water, exclusive of—
> (a) salmon, trout, eels, lampreys, smelt and any other fish of a kind which migrates from fresh to salt water, or from salt to fresh water, in order to spawn;
> (b) any kind of crustacean other than freshwater crayfish and Chinese mitten crabs (*Eriocheir sinensis*); and
> (c) any kind of mollusc;
.
- (6) After the definition of “screen” insert—
> - “smelt” means any fish of the species *Osmerus eperlanus*;
> “*smelt*” means any fish of the species *Osmerus eperlanus*;
.
@@ -6581,9 +6599,9 @@
##### 224
- (1) In Schedule 25 to the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57) (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.
- (2) In sub-paragraph (1), in paragraph (b), for the words from “salmon fisheries” to the end substitute “fisheries of fish to which this paragraph applies.”
- (1) In Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.
- (2) In sub-paragraph (1), in paragraph (b), for the words from “salmon fisheries” to the end substitute “ fisheries of fish to which this paragraph applies. ”
- (3) After that sub-paragraph insert—
@@ -6597,9 +6615,9 @@
.
- (5) In that sub-paragraph, in paragraph (b)(i), after “size” insert “greater or”.
- (6) In that sub-paragraph, in paragraph (e) at the end insert “(including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish)”.
- (5) In that sub-paragraph, in paragraph (b)(i), after “size” insert “ greater or ”.
- (6) In that sub-paragraph, in paragraph (e) at the end insert “ (including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish) ”.
- (7) Sub-paragraph (3) is omitted.
@@ -6618,7 +6636,7 @@
##### 225
- (1) In the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57), in section 210 (byelaw-making powers of the Agency) at the end insert—
- (1) In the Water Resources Act 1991 (c. 57), in section 210 (byelaw-making powers of the Agency) at the end insert—
> (3) Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.
@@ -6626,7 +6644,7 @@
> **Schedule 27**
> (1)
> (1) In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.
> (1) In this Schedule, “*emergency fisheries byelaw*” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.
> (2) The circumstances are that—
> (a) the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to—
> (i) any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or
@@ -6671,13 +6689,13 @@
> (a) that the byelaw was made by the Agency, and
> (b) that the copy is a true copy of the byelaw,
> shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
> (10) In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.
> (10) In this Schedule “*appropriate national authority*” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.
#### Byelaws: enforcement
##### 226
In section 211 of the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57) (enforcement of byelaws), in subsection (3), for the words from “to a fine” to the end substitute—
In section 211 of the Water Resources Act 1991 (c. 57) (enforcement of byelaws), in subsection (3), for the words from “to a fine” to the end substitute—
> (a) in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws;
> (b) in the case of byelaws made by virtue of paragraph 6, to a fine not exceeding £50,000.
@@ -6686,9 +6704,9 @@
##### 227
- (1) Section 212 of the [Water Resources Act 1991](https://www.legislation.gov.uk/ukpga/1991/57) (compensation in respect of certain fisheries byelaws) is amended as follows.
- (2) In subsection (1), for the words from “the claim” to the end substitute “the Agency may pay that person such amount by way of compensation as it considers appropriate.”
- (1) Section 212 of the Water Resources Act 1991 (compensation in respect of certain fisheries byelaws) is amended as follows.
- (2) In subsection (1), for the words from “the claim” to the end substitute “ the Agency may pay that person such amount by way of compensation as it considers appropriate. ”
- (3) Subsection (3) is omitted.
@@ -6698,7 +6716,7 @@
##### 228
- (1) In the [Theft Act 1968 (c. 60)](https://www.legislation.gov.uk/ukpga/1968/60), in Schedule 1 (offences of taking or destroying fish), paragraph 2 is amended as follows.
- (1) In the Theft Act 1968 (c. 60), in Schedule 1 (offences of taking or destroying fish), paragraph 2 is amended as follows.
- (2) For sub-paragraph (1) substitute—
@@ -6706,21 +6724,21 @@
- (3) Sub-paragraph (2) is omitted.
- (4) In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (1) above”.
- (4) In sub-paragraph (3), for “this paragraph” substitute “ sub-paragraph (1) above ”.
#### Handling fish
##### 229
- (1) Section 32 of the [Salmon Act 1986 (c. 62)](https://www.legislation.gov.uk/ukpga/1986/62) (handling salmon in suspicious circumstances) is amended as follows.
- (2) In the heading, for “salmon” substitute “fish”.
- (1) Section 32 of the Salmon Act 1986 (c. 62) (handling salmon in suspicious circumstances) is amended as follows.
- (2) In the heading, for “salmon” substitute “ fish ”.
- (3) In subsection (1)—
- (a) for “any salmon” substitute “any fish to which this section applies”;
- (b) for “the salmon” substitute “that fish”;
- (a) for “any salmon” substitute “ any fish to which this section applies ”;
- (b) for “the salmon” substitute “ that fish ”;
- (c) the words “by or for the benefit of another person” are omitted.
@@ -6732,49 +6750,49 @@
- (5) In subsection (2)—
- (a) for “a salmon” substitute “a fish to which this section applies”;
- (a) for “a salmon” substitute “ a fish to which this section applies ”;
- (b) in paragraph (a)—
- (i) after “or landing” insert “, or selling,”;
- (ii) for “that salmon” substitute “that fish”;
- (i) after “or landing” insert “ , or selling, ”;
- (ii) for “that salmon” substitute “ that fish ”;
- (c) in paragraph (b)—
- (i) for “that salmon” substitute “that fish”;
- (ii) after “or landed,” insert “or sold,”.
- (6) In subsection (3), for “salmon” substitute “fish”.
- (7) In subsection (4), for “salmon” substitute “fish to which this section applies”.
- (i) for “that salmon” substitute “ that fish ”;
- (ii) after “or landed,” insert “ or sold, ”.
- (6) In subsection (3), for “salmon” substitute “ fish ”.
- (7) In subsection (4), for “salmon” substitute “ fish to which this section applies ”.
- (8) In subsection (5)—
- (a) in paragraph (a), for the words from “to imprisonment” to the end substitute “to a fine not exceeding the statutory maximum”;
- (b) in paragraph (b), for the words from “to imprisonment” to the end substitute “to a fine”.
- (a) in paragraph (a), for the words from “to imprisonment” to the end substitute “ to a fine not exceeding the statutory maximum ”;
- (b) in paragraph (b), for the words from “to imprisonment” to the end substitute “ to a fine ”.
- (9) In subsection (7)—
- (a) after “or landing” insert “, or selling,”
- (b) for “a salmon” substitute “a fish to which this section applies”;
- (c) for “the salmon” substitute “the fish”;
- (d) at the end insert “or sold”.
- (a) after “or landing” insert “ , or selling, ”
- (b) for “a salmon” substitute “ a fish to which this section applies ”;
- (c) for “the salmon” substitute “ the fish ”;
- (d) at the end insert “ or sold ”.
- (10) At the end insert—
> (8) In this section “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975.
> (8) In this section “*salmon*”, “*trout*”, “*eels*”, “*smelt*”, “*fish*” and “*freshwater fish*” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975.
#### Duties of the Environment Agency
##### 230
- (1) Section 6 of the [Environment Act 1995 (c. 25)](https://www.legislation.gov.uk/ukpga/1995/25) (general duties of the Agency) is amended as follows.
- (1) Section 6 of the Environment Act 1995 (c. 25) (general duties of the Agency) is amended as follows.
- (2) In subsection (6), for the words from “salmon” to the end substitute “fisheries of—
@@ -6784,25 +6802,25 @@
- (3) In subsection (8), at the end insert—
> - “salmon”, “trout”, “eels”, “smelt”, “fish” and “freshwater fish” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975
> “*salmon*”, “*trout*”, “*eels*”, “*smelt*”, “*fish*” and “*freshwater fish*” have the same meanings as in the Salmon and Freshwater Fisheries Act 1975
#### Tweed and Esk fisheries
##### 231
- (1) Section 111 of the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46) (regulation of Tweed and Esk fisheries) is amended as follows.
- (2) In subsection (1), for “salmon, trout, eels and freshwater fish” substitute “salmon, trout, eels, lampreys, smelt, shad and freshwater fish”.
- (3) In subsection (4), in the definition of “conservation”, for “salmon, trout, eels and freshwater fish,” substitute “salmon, trout, eels, lampreys, smelt, shad and freshwater fish,”.
- (1) Section 111 of the Scotland Act 1998 (c. 46) (regulation of Tweed and Esk fisheries) is amended as follows.
- (2) In subsection (1), for “salmon, trout, eels and freshwater fish” substitute “ salmon, trout, eels, lampreys, smelt, shad and freshwater fish ”.
- (3) In subsection (4), in the definition of “conservation”, for “salmon, trout, eels and freshwater fish,” substitute “ salmon, trout, eels, lampreys, smelt, shad and freshwater fish, ”.
- (4) In subsection (4), in the definition of “eels”, “freshwater fish”, “salmon” and “trout”—
- (a) after ““eels”,” insert ““fish”,”;
- (b) after ““salmon”” insert “, “smelt””;
- (c) after “Salmon and Freshwater Fisheries Act 1975” insert “(as amended by the Marine and Coastal Access Act 2009)”.
- (a) after “ “eels”,” insert “fish”, ”;
- (b) after “ “salmon”” insert “ , “smelt” ;
- (c) after “Salmon and Freshwater Fisheries Act 1975” insert “ (as amended by the Marine and Coastal Access Act 2009) ”.
- (5) At the end insert—
@@ -6814,9 +6832,9 @@
##### 232
- (1) The appropriate national authority may by regulations make provision for the purpose of prohibiting persons, in such cases as may be specified in the regulations, from carrying on any of the activities specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/2/enacted) otherwise than under and in accordance with a permit issued by the Environment Agency.
- (2) The activities referred to in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/1/enacted) are—
- (1) The appropriate national authority may by regulations make provision for the purpose of prohibiting persons, in such cases as may be specified in the regulations, from carrying on any of the activities specified in subsection (2) otherwise than under and in accordance with a permit issued by the Environment Agency.
- (2) The activities referred to in subsection (1) are—
- (a) keeping any fish in the area to which this section applies;
@@ -6838,7 +6856,7 @@
- (a) make provision as to the descriptions of permits to be issued;
- (b) specify the manner and form of an application for a permit from the Environment Agency to carry out any activity specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/2/enacted) and the sum, or maximum sum, to be paid on the making of such an application;
- (b) specify the manner and form of an application for a permit from the Environment Agency to carry out any activity specified in subsection (2) and the sum, or maximum sum, to be paid on the making of such an application;
- (c) specify the circumstances in which such an application is to be granted or refused and any considerations which the Environment Agency may or must take into account when determining whether or not to issue such a permit;
@@ -6868,15 +6886,15 @@
- (iii) powers to destroy or release any fish seized.
- (6) Provision under subsection [(5)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/5/a/enacted) may specify that a permit may be issued—
- (a) in respect of one or more of the activities specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/2/enacted);
- (6) Provision under subsection (5)(a) may specify that a permit may be issued—
- (a) in respect of one or more of the activities specified in subsection (2);
- (b) in relation to the carrying on of any one or more of those activities on one occasion or more than one occasion;
- (c) for periods of limited or unlimited duration.
- (7) Provision under subsection [(5)(i)](https://www.legislation.gov.uk/ukpga/2009/23/section/232/5/i/enacted) must provide that where a person is guilty of an offence created under that subsection, the person is liable—
- (7) Provision under subsection (5)(i) must provide that where a person is guilty of an offence created under that subsection, the person is liable—
- (a) on summary conviction, to a fine not exceeding £50,000;
@@ -6884,13 +6902,13 @@
- (8) In this section—
- “appropriate national authority” means— the Secretary of State, otherwise than in relation to Wales; the Welsh Ministers, in relation to Wales;
- “*appropriate national authority*” means—the Secretary of State, otherwise than in relation to Wales;the Welsh Ministers, in relation to Wales;
- references to “fish” include the spawn of fish;
- “inland waters” has the same meaning as in the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57);
- “River Tweed” means “the river” within the meaning of the [Tweed Fisheries Amendment Act 1859 (c. lxx)](https://www.legislation.gov.uk/ukla/1859/70), as amended by byelaws.
- “*inland waters*” has the same meaning as in the Water Resources Act 1991 (c. 57);
- “*River Tweed*” means “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.
#### Consequential and supplementary amendments
@@ -6898,7 +6916,7 @@
- (1) Schedule 16 (which contains consequential and supplementary amendments relating to this Chapter) has effect.
- (2) The following provisions of the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51) (which are obsolete or no longer of practical utility) are omitted—
- (2) The following provisions of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (which are obsolete or no longer of practical utility) are omitted—
- (a) in section 4 (poisonous matter etc), subsection (2);
@@ -6914,21 +6932,21 @@
The following enactments are repealed—
- (a) the [White Herring Fisheries Act 1771 (c. 31)](https://www.legislation.gov.uk/apgb/1771/31);
- (b) the [Seal Fishery Act 1875 (c. 18)](https://www.legislation.gov.uk/ukpga/1875/18);
- (c) section 13 of the [Fisheries Act 1891 (c. 37)](https://www.legislation.gov.uk/ukpga/1891/37) (proceedings for enforcement of Acts relating to salmon and freshwater fisheries);
- (d) the [North Sea Fisheries Act 1893 (c. 17)](https://www.legislation.gov.uk/ukpga/1893/17);
- (e) the [Behring Sea Award Act 1894 (c. 2)](https://www.legislation.gov.uk/ukpga/1894/2);
- (f) the [Seal Fisheries (North Pacific) Act 1895 (c. 21)](https://www.legislation.gov.uk/ukpga/1895/21);
- (g) the [Seal Fisheries (North Pacific) Act 1912 (c. 10)](https://www.legislation.gov.uk/ukpga/1912/10);
- (h) sections 86, 87 and 163 of the [Port of London Act 1968 (c. xxxii)](https://www.legislation.gov.uk/ukla/1968/32) (powers of Port of London Authority in relation to fisheries).
- (a) the White Herring Fisheries Act 1771 (c. 31);
- (b) the Seal Fishery Act 1875 (c. 18);
- (c) section 13 of the Fisheries Act 1891 (c. 37) (proceedings for enforcement of Acts relating to salmon and freshwater fisheries);
- (d) the North Sea Fisheries Act 1893 (c. 17);
- (e) the Behring Sea Award Act 1894 (c. 2);
- (f) the Seal Fisheries (North Pacific) Act 1895 (c. 21);
- (g) the Seal Fisheries (North Pacific) Act 1912 (c. 10);
- (h) sections 86, 87 and 163 of the Port of London Act 1968 (c. xxxii) (powers of Port of London Authority in relation to fisheries).
## Part 8 — Enforcement
@@ -6940,13 +6958,13 @@
##### 235
- (1) In this Chapter “marine enforcement officer” means—
- (1) In this Chapter “*marine enforcement officer*” means—
- (a) any person appointed as such an officer by the MMO;
- (b) any person appointed as such an officer by the Welsh Ministers;
- (c) any person who is a commissioned officer of any of Her Majesty’s ships;
- (c) any person who is a commissioned officer of any of Her Majesty's ships;
- (d) any person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force.
@@ -7014,11 +7032,11 @@
- (9) In this section—
- “installation abandonment measures” means any measures taken in connection with the abandonment of— an offshore installation or submarine pipeline, within the meaning of Part 4 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17), or a carbon storage installation, within the meaning of section 30 of the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32), whether or not the measures are taken in pursuance of an abandonment programme;
- “abandonment programme” means— an abandonment programme under Part 4 of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17); an abandonment programme under that Part, as it applies by virtue of section 30 of the [Energy Act 2008](https://www.legislation.gov.uk/ukpga/2008/32);
- “the relevant enforcement area” means the area that consists of— England and Wales and Northern Ireland, and the UK marine licensing area, excluding the Scottish offshore region.
- “*installation abandonment measures*” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;
- “*abandonment programme*” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
- “*the relevant enforcement area*” means the area that consists of—England and Wales and Northern Ireland, andthe UK marine licensing area, excluding the Scottish offshore region.
- (10) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.
@@ -7028,17 +7046,17 @@
- (1) For the purposes of enforcing the nature conservation legislation, a marine enforcement officer has the common enforcement powers conferred by this Act.
- (2) In this section “the nature conservation legislation” means—
- (a) sections 1 and 2 of the [Conservation of Seals Act 1970 (c. 30)](https://www.legislation.gov.uk/ukpga/1970/30), and any orders made under section 3 of that Act;
- (b) sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69);
- (c) regulations 37C, 39, 41 and 43 of the Conservation (Natural Habitats, &c) Regulations 1994 ([S.I. 1994/2716](https://www.legislation.gov.uk/uksi/1994/2716));
- (2) In this section “*the nature conservation legislation*” means—
- (a) sections 1 and 2 of the Conservation of Seals Act 1970 (c. 30), and any orders made under section 3 of that Act;
- (b) sections 1, 5 to 7, 9, 11, 13, 14 and 14ZA of the Wildlife and Countryside Act 1981 (c. 69);
- (c) regulations 37C, 39, 41 and 43 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716);
- (d) any byelaws or orders made by virtue of regulation 28 or 36 of those Regulations;
- (e) the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 ([S.I. 2007/1842](https://www.legislation.gov.uk/uksi/2007/1842));
- (e) the Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 (S.I. 2007/1842);
- (f) any byelaws made under section 129 or 132 of this Act;
@@ -7102,11 +7120,11 @@
- (13) In this section—
- “British vessel” means any vessel which— is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21), is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, falls within section 1(1)(d) of that Act (small ships), is exempt from registration under section 294 of that Act (general power to dispense), is a British warship, or is registered under the law of Gibraltar;
- “Government ship” has the same meaning as in the [Merchant Shipping Act 1995](https://www.legislation.gov.uk/ukpga/1995/21);
- “the relevant enforcement area” means the area that consists of— England and Wales, and the UK marine area, excluding— the Scottish inshore region, the Scottish offshore region, and the Northern Ireland inshore region.
- “*British vessel*” means any vessel which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act,falls within section 1(1)(d) of that Act (small ships),is exempt from registration under section 294 of that Act (general power to dispense),is a British warship, oris registered under the law of Gibraltar;
- “*Government ship*” has the same meaning as in the Merchant Shipping Act 1995;
- “*the relevant enforcement area*” means the area that consists of—England and Wales, andthe UK marine area, excluding—the Scottish inshore region,the Scottish offshore region, andthe Northern Ireland inshore region.
#### Enforcement of fisheries legislation
@@ -7118,21 +7136,21 @@
- (b) the powers conferred by sections 264, 268, 269, 279 and 284.
- (2) In this section “the fisheries legislation” means—
- (2) In this section “*the fisheries legislation*” means—
- (a) any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));
- (b) any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.
- (3) “The fisheries legislation” does not include—
- (a) the [Salmon and Freshwater Fisheries Act 1975 (c. 51)](https://www.legislation.gov.uk/ukpga/1975/51);
- (b) the [Salmon Act 1986 (c. 62)](https://www.legislation.gov.uk/ukpga/1986/62);
- (c) byelaws made by the Environment Agency under Schedule 25 to the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57);
- (d) the Scotland Act 1998 (Border Rivers) Order 1999 ([S.I. 1999/1746](https://www.legislation.gov.uk/uksi/1999/1746));
- (3) “*The fisheries legislation*” does not include—
- (a) the Salmon and Freshwater Fisheries Act 1975 (c. 51);
- (b) the Salmon Act 1986 (c. 62);
- (c) byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);
- (d) the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);
- (e) byelaws made by an inshore fisheries and conservation authority under section 155.
@@ -7174,23 +7192,23 @@
- (10) In this section—
- “British vessel” means any vessel which— is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21), is wholly owned by persons qualified to own British ships for the purposes of that Part, is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, or is a British warship;
- “enforceable EU obligation” means an obligation to which section 2(1) of the [European Communities Act 1972 (c. 68)](https://www.legislation.gov.uk/ukpga/1972/68) applies;
- “enforceable EU restriction” means a restriction to which section 2(1) of that Act applies;
- “Government ship” has the same meaning as in the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21);
- “relevant British fishing boat” means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which— is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995](https://www.legislation.gov.uk/ukpga/1995/21), or is wholly owned by persons qualified to own British ships for the purposes of that Part;
- “the relevant enforcement area” means the area that consists of— England and Wales, and the sea within British fishery limits, excluding the Scottish zone and the Northern Ireland zone.
- “*British vessel*” means any vessel which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21),is wholly owned by persons qualified to own British ships for the purposes of that Part,is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, oris a British warship;
- “*enforceable EU obligation*” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;
- “*enforceable EU restriction*” means a restriction to which section 2(1) of that Act applies;
- “*Government ship*” has the same meaning as in the Merchant Shipping Act 1995 (c. 21);
- “*relevant British fishing boat*” means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which—is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, oris wholly owned by persons qualified to own British ships for the purposes of that Part;
- “*the relevant enforcement area*” means the area that consists of—England and Wales, andthe sea within British fishery limits, excluding the Scottish zone and the Northern Ireland zone.
#### Marine enforcement officers as British sea-fishery officers
##### 239
- (1) Section 7 of the [Sea Fisheries Act 1968 (c. 77)](https://www.legislation.gov.uk/ukpga/1968/77) (sea-fishery officers) is amended as follows.
- (1) Section 7 of the Sea Fisheries Act 1968 (c. 77) (sea-fishery officers) is amended as follows.
- (2) In subsection (1)—
@@ -7204,7 +7222,7 @@
- (3) After subsection (1) insert—
> (1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person’s capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).
> (1A) A person falling within paragraph (b), (c) or (ca) of subsection (1) above may not exercise the powers or perform the duties of a British sea-fishery officer in any case where the person may, in the person's capacity as a marine enforcement officer, exercise the common enforcement powers conferred by the Marine and Coastal Access Act 2009 (see Chapter 1 of Part 8 of that Act).
- (4) In subsection (5) (definition of “the appropriate Minister”), omit paragraph (a).
@@ -7228,7 +7246,7 @@
- (b) the power conferred by section 263.
- (3) Subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/240/4/enacted), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—
- (3) Subject to subsection (4), the powers which a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—
- (a) in the relevant enforcement area (and in relation to any vessel, aircraft or marine structure in that area);
@@ -7248,11 +7266,11 @@
- (6) In this section—
- “installation abandonment measures” means any measures taken in connection with the abandonment of— an offshore installation or submarine pipeline, within the meaning of Part 4 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17), or a carbon storage installation, within the meaning of section 30 of the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32), whether or not the measures are taken in pursuance of an abandonment programme;
- “abandonment programme” means— an abandonment programme under Part 4 of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17); an abandonment programme under that Part, as it applies by virtue of section 30 of the [Energy Act 2008](https://www.legislation.gov.uk/ukpga/2008/32);
- “the relevant enforcement area” means the area that consists of— England and Wales, and the UK marine licensing area, excluding the Northern Ireland inshore region.
- “*installation abandonment measures*” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;
- “*abandonment programme*” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
- “*the relevant enforcement area*” means the area that consists of—England and Wales, andthe UK marine licensing area, excluding the Northern Ireland inshore region.
- (7) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.
@@ -7308,11 +7326,11 @@
- (10) In this section—
- “installation abandonment measures” means any measures taken in connection with the abandonment of— an offshore installation or submarine pipeline, within the meaning of Part 4 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17), or a carbon storage installation, within the meaning of section 30 of the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32), whether or not the measures are taken in pursuance of an abandonment programme;
- “abandonment programme” means— an abandonment programme under Part 4 of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17); an abandonment programme under that Part, as it applies by virtue of section 30 of the [Energy Act 2008](https://www.legislation.gov.uk/ukpga/2008/32);
- “the relevant enforcement area” means the area that consists of— England and Wales and Northern Ireland, and the UK marine licensing area, excluding the Scottish offshore region.
- “*installation abandonment measures*” means any measures taken in connection with the abandonment of—an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), ora carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32),whether or not the measures are taken in pursuance of an abandonment programme;
- “*abandonment programme*” means—an abandonment programme under Part 4 of the Petroleum Act 1998;an abandonment programme under that Part, as it applies by virtue of section 30 of the Energy Act 2008;
- “*the relevant enforcement area*” means the area that consists of—England and Wales and Northern Ireland, andthe UK marine licensing area, excluding the Scottish offshore region.
- (11) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.
@@ -7358,7 +7376,7 @@
- (8) The powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.
- (9) In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.
- (9) In this section “*UK inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.
- (10) Any term used in this section and in Part 4 of this Act has the same meaning in this section as it has in that Part.
@@ -7418,7 +7436,7 @@
- (12) In giving such authority, the Commissioners must impose such conditions or limitations on the exercise of the powers as are necessary to give effect to any conditions or limitations imposed by the flag state.
- (13) In this section “UK inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.
- (13) In this section “*UK inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom.
### Interpretation
@@ -7428,27 +7446,27 @@
- (1) In this Chapter—
- “British marine installation” means a marine installation owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- “British warship” means a ship belonging to Her Majesty and forming part of Her Majesty’s armed forces;
- “civilian marine enforcement officer” means a person appointed as a marine enforcement officer by the MMO or the Welsh Ministers;
- “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
- “fishing boat” means any vessel that is being used for fishing or for any activity relating to fishing;
- “flag state”, in relation to a vessel, means the State whose flag the vessel is flying or is entitled to fly;
- “marine installation” means any artificial island, installation or structure (other than a vessel);
- “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- “petroleum” has the same meaning as in Part 3 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17) (see section 28(1) of that Act);
- “Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- “third country vessel” means a vessel which— is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State, and is not registered in a member State.
- “*British marine installation*” means a marine installation owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- “*British warship*” means a ship belonging to Her Majesty and forming part of Her Majesty's armed forces;
- “*civilian marine enforcement officer*” means a person appointed as a marine enforcement officer by the MMO or the Welsh Ministers;
- “*the Commissioners*” means the Commissioners for Her Majesty's Revenue and Customs;
- “*fishing boat*” means any vessel that is being used for fishing or for any activity relating to fishing;
- “*flag state*”, in relation to a vessel, means the State whose flag the vessel is flying or is entitled to fly;
- “*marine installation*” means any artificial island, installation or structure (other than a vessel);
- “*Northern Ireland fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- “*petroleum*” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act);
- “*Scottish fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- “*third country vessel*” means a vessel which—is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State, andis not registered in a member State.
- (2) In this Chapter, except where otherwise provided, any reference to a vessel includes a reference to—
@@ -7470,13 +7488,13 @@
- (2) In this Chapter—
- “enforcement officer” means any person who has the common enforcement powers conferred by this Act;
- “relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “relevant function”, in relation to an enforcement officer, means any function of that officer;
- “relevant offence”, in relation to an enforcement officer, means any offence in respect of which the officer has functions.
- “*enforcement officer*” means any person who has the common enforcement powers conferred by this Act;
- “*relevant activity*”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “*relevant function*”, in relation to an enforcement officer, means any function of that officer;
- “*relevant offence*”, in relation to an enforcement officer, means any offence in respect of which the officer has functions.
- (3) The powers conferred on an enforcement officer by any section in this Chapter are without prejudice to any powers exercisable by the officer apart from that section.
@@ -7502,7 +7520,7 @@
- (b) to do anything else that will enable the officer, and any person accompanying the officer, to disembark from the vessel or installation.
- (4) An enforcement officer may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by this section.
- (4) An enforcement officer may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.
#### Power to enter and inspect premises
@@ -7514,9 +7532,9 @@
- (2) The officer may only exercise the power conferred by this section at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.
- (3) An enforcement officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of the power conferred by this section.
- (4) In this section “premises” includes land, but does not include any vehicle, vessel or marine installation.
- (3) An enforcement officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of the power conferred by this section.
- (4) In this section “*premises*” includes land, but does not include any vehicle, vessel or marine installation.
#### Power to enter and inspect vehicles
@@ -7544,11 +7562,11 @@
- (b) the registered keeper of a vehicle,
to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by this section.
to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.
- (4) The powers conferred by this section may be exercised in any place (whether or not it is a place to which the public has access).
- (5) In this section “vehicle” does not include any vessel.
- (5) In this section “*vehicle*” does not include any vessel.
#### Dwellings
@@ -7574,7 +7592,7 @@
- (4) Schedule 17 contains further provision about warrants issued under this section.
- (5) In this Chapter “justice” means—
- (5) In this Chapter “*justice*” means—
- (a) in relation to England and Wales, a justice of the peace;
@@ -7594,7 +7612,7 @@
- (2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may—
- (a) search or examine anything which appears to be in the person’s possession or control;
- (a) search or examine anything which appears to be in the person's possession or control;
- (b) stop and detain the person for the purposes of such a search or examination.
@@ -7604,9 +7622,9 @@
- (5) For the purpose of exercising any power conferred by this section, an enforcement officer may, so far as is reasonably necessary for that purpose, break open any container or other locked thing.
- (6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by this section.
- (7) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.
- (7) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (8) Nothing in this section confers any power to search a person.
@@ -7618,11 +7636,11 @@
- (10) In this section—
- “animal” includes any egg, larva, pupa, or other immature stage of an animal;
- “item” includes— any document or record (in whatever form it is held); any animal or plant;
- “sample” means a sample of blood, tissue or other biological material.
- “*animal*” includes any egg, larva, pupa, or other immature stage of an animal;
- “*item*” includes—any document or record (in whatever form it is held);any animal or plant;
- “*sample*” means a sample of blood, tissue or other biological material.
#### Power to require production of documents, etc
@@ -7630,7 +7648,7 @@
- (1) This section applies where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248.
- (2) The officer may require any person in or on the relevant premises to produce any document or record that is in the person’s possession or control.
- (2) The officer may require any person in or on the relevant premises to produce any document or record that is in the person's possession or control.
- (3) A reference in this section to the production of a document includes a reference to the production of—
@@ -7658,7 +7676,7 @@
- (b) take copies of or extracts from any document or record found on the relevant premises.
- (2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may seize and detain or remove any item which appears to be in the person’s possession or control.
- (2) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may seize and detain or remove any item which appears to be in the person's possession or control.
- (3) An enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 251 may—
@@ -7666,7 +7684,7 @@
- (b) take copies of or extracts from that document or record.
In this subsection “document” includes anything falling within paragraph (a) or (b) of section 251(3).
In this subsection “*document*” includes anything falling within paragraph (a) or (b) of section 251(3).
- (4) The powers conferred by this section may only be exercised—
@@ -7680,7 +7698,7 @@
- (7) Nothing in this section confers power on an enforcement officer to seize an item which the officer has reasonable grounds for believing to be—
- (a) an item subject to legal privilege (within the meaning of the [Police and Criminal Evidence Act 1984 (c. 60)](https://www.legislation.gov.uk/ukpga/1984/60)), or
- (a) an item subject to legal privilege (within the meaning of the Police and Criminal Evidence Act 1984 (c. 60)), or
- (b) an item in respect of which a claim to confidentiality of communications could be maintained in legal proceedings in Scotland.
@@ -7712,19 +7730,19 @@
to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.
- (4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by section 252 or this section.
- (5) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise in relation to that person of any power conferred by section 252 or this section.
- (6) In section 66 of the [Criminal Justice and Police Act 2001 (c. 16)](https://www.legislation.gov.uk/ukpga/2001/16) (general interpretation of Part 2) in subsection (1)—
- (4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by section 252 or this section.
- (5) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by section 252 or this section.
- (6) In section 66 of the Criminal Justice and Police Act 2001 (c. 16) (general interpretation of Part 2) in subsection (1)—
- (a) before the definition of “premises” insert—
> - “marine installation” has the meaning given by section 262 of the Marine and Coastal Access Act 2009;
> “*marine installation*” has the meaning given by section 262 of the Marine and Coastal Access Act 2009;
;
- (b) in the definition of “premises”, after “offshore installation” insert “or other marine installation”.
- (b) in the definition of “premises”, after “offshore installation” insert “ or other marine installation ”.
- (7) In Part 1 of Schedule 1 to that Act (powers of seizure to which section 50 applies), after paragraph 73K insert—
@@ -7762,13 +7780,13 @@
any vessel, marine installation, premises or vehicle.
- (3) The officer may require any person in or on the vessel, marine installation, premises or vehicle to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of the power conferred by this section.
- (3) The officer may require any person in or on the vessel, marine installation, premises or vehicle to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of the power conferred by this section.
#### Power to require name and address
##### 256
Where an enforcement officer reasonably believes that a person has committed a relevant offence, the officer may require the person to provide the person’s name and address.
Where an enforcement officer reasonably believes that a person has committed a relevant offence, the officer may require the person to provide the person's name and address.
#### Power to require production of licence, etc
@@ -7838,7 +7856,7 @@
- (7) In subsection (6) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who served the notice under subsection (4), and includes a reference to that officer.
“Relevant authority” means the person or body on whose behalf the officer who detained the vessel or marine installation was acting.
“*Relevant authority*” means the person or body on whose behalf the officer who detained the vessel or marine installation was acting.
#### Assistance etc
@@ -7868,21 +7886,21 @@
- (1) In this Chapter—
- “common enforcement power” means any power conferred by sections 246 to 261;
- “enforcement officer” has the meaning given by section 245;
- “item” has the meaning given by section 250(10);
- “justice” has the meaning given by section 249(5);
- “marine installation” means any artificial island, installation or structure (other than a vessel);
- “premises” has the meaning given by section 247(4);
- “*common enforcement power*” means any power conferred by sections 246 to 261;
- “*enforcement officer*” has the meaning given by section 245;
- “*item*” has the meaning given by section 250(10);
- “*justice*” has the meaning given by section 249(5);
- “*marine installation*” means any artificial island, installation or structure (other than a vessel);
- “*premises*” has the meaning given by section 247(4);
- “relevant activity”, “relevant function” and “relevant offence” have the meaning given by section 245;
- “the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
- “*the relevant premises*”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
- (2) In this Chapter any reference to a vessel includes a reference to—
@@ -7910,11 +7928,11 @@
- (3) Subsection (2) applies to any offence other than an offence under one of the following provisions (which concern false statements made otherwise than on oath)—
- (a) section 5 of the [Perjury Act 1911 (c. 6)](https://www.legislation.gov.uk/ukpga/1911/6);
- (b) section 44(2) of the [Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)](https://www.legislation.gov.uk/ukpga/1995/39);
- (c) Article 10 of the Perjury (Northern Ireland) Order 1979 ([S.I. 1979/1714 (N.I. 19)](https://www.legislation.gov.uk/nisi/1979/1714)).
- (a) section 5 of the Perjury Act 1911 (c. 6);
- (b) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39);
- (c) Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).
- (4) In this section “marine structure” and “vessel” have the meaning given by section 115.
@@ -8086,17 +8104,17 @@
to secure that the fish are not removed or otherwise interfered with until such time as the officer may seize and remove them.
- (6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by this section.
- (7) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (6) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.
- (7) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (8) In this section—
- “relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “relevant power of forfeiture” means any power of a court to order the forfeiture of any fish in respect of which an offence has been committed;
- “the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
- “*relevant activity*”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “*relevant power of forfeiture*” means any power of a court to order the forfeiture of any fish in respect of which an offence has been committed;
- “*the relevant premises*”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
#### Power to seize fishing gear for purposes of forfeiture
@@ -8114,17 +8132,17 @@
to secure that the fishing gear is not removed or otherwise interfered with until such time as the officer may seize and remove it.
- (4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of any power conferred by this section.
- (5) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (4) Where an enforcement officer is exercising a power of inspection conferred by section 246, 247 or 248, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.
- (5) Where an enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.
- (6) In this section—
- “relevant activity”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “relevant power of forfeiture” means any power of a court to order the forfeiture of any fishing gear used in the commission of an offence;
- “the relevant premises”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
- “*relevant activity*”, in relation to an enforcement officer, means any activity in respect of which the officer has functions;
- “*relevant power of forfeiture*” means any power of a court to order the forfeiture of any fishing gear used in the commission of an offence;
- “*the relevant premises*”, in relation to an enforcement officer exercising a power of inspection conferred by section 246, 247 or 248, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.
#### Procedure in relation to seizure under section 268 or 269
@@ -8160,7 +8178,7 @@
- (a) any reference in this section to a requirement to serve a notice on that person is to be read as a reference to a requirement to take such steps as the officer thinks fit to bring the contents of the notice to the attention of persons likely to be interested in it, and
- (b) the reference in subsection (4) to serving a copy of the report referred to in section 265 is to be read as a reference to taking the steps referred to in subsection [(10)(a)](https://www.legislation.gov.uk/ukpga/2009/23/section/265/10/a/enacted) of that section.
- (b) the reference in subsection (4) to serving a copy of the report referred to in section 265 is to be read as a reference to taking the steps referred to in subsection (10)(a) of that section.
#### Retention of property seized under section 268 or 269
@@ -8198,7 +8216,7 @@
- (b) in the event of a failure to agree an amount, for such amount as may be determined by the court.
“The court” means a magistrates’ court in England and Wales.
“*The court*” means a magistrates' court in England and Wales.
- (5) A person who gives a bond under this section must comply with such conditions as to the giving of the bond as the relevant authority may determine.
@@ -8234,7 +8252,7 @@
- (5) If either of the grounds for release mentioned in subsection (4) applies, the relevant authority must, as soon as is reasonably practicable, release the proceeds of sale to any person who appears to the authority to have been the owner, or one of the owners, of the fish at the time of the seizure of the fish.
- (6) If the proceeds of sale are still in the relevant authority’s possession after the end of the period of six months beginning with the date on which the fish were sold, the relevant authority may retain the proceeds and apply them in any manner it thinks fit.
- (6) If the proceeds of sale are still in the relevant authority's possession after the end of the period of six months beginning with the date on which the fish were sold, the relevant authority may retain the proceeds and apply them in any manner it thinks fit.
The relevant authority may exercise its power under this subsection to retain and apply the proceeds of sale only if it is not practicable at the time when the power is exercised to dispose of the proceeds by releasing them immediately to the person to whom they are required to be released.
@@ -8340,11 +8358,11 @@
- (6) In this section—
- “the fisheries legislation” means— any enactments relating to sea fishing (including any enactment relating to fishing for shellfish, salmon or migratory trout); any enforceable EU restrictions and enforceable EU obligations relating to sea fishing;
- “enforceable EU obligation” means an obligation to which section 2(1) of the [European Communities Act 1972 (c. 68)](https://www.legislation.gov.uk/ukpga/1972/68) applies;
- “enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.
- “*the fisheries legislation*” means—any enactments relating to sea fishing (including any enactment relating to fishing for shellfish, salmon or migratory trout);any enforceable EU restrictions and enforceable EU obligations relating to sea fishing;
- “*enforceable EU obligation*” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;
- “*enforceable EU restriction*” means a restriction to which section 2(1) of that Act applies.
### Detention of vessels in connection with court proceedings
@@ -8418,7 +8436,7 @@
- (c) that there are no grounds for believing that the court referred to in section 279(1)(b)(ii) will order the vessel to be detained.
- (7) In this section “notice of detention” means a notice served under section 279(4).
- (7) In this section “*notice of detention*” means a notice served under section 279(4).
#### Power of court to order release of vessels
@@ -8426,7 +8444,7 @@
- (1) This section applies where a vessel is being detained under section 279.
- (2) If, on an application made to a magistrates’ court in England and Wales by the owner or charterer, or any of the owners or charterers, of the vessel, the court is satisfied that—
- (2) If, on an application made to a magistrates' court in England and Wales by the owner or charterer, or any of the owners or charterers, of the vessel, the court is satisfied that—
- (a) the continued detention of the vessel under section 279 is not necessary to secure that the master, owner or charterer of the vessel will attend court, or
@@ -8446,7 +8464,7 @@
- (b) in the event of a failure to agree an amount, for such amount as may be determined by the court.
“The court” means a magistrates’ court in England and Wales.
“*The court*” means a magistrates' court in England and Wales.
- (3) A person who gives a bond under this section must comply with such conditions as to the giving of the bond as the relevant authority may determine.
@@ -8466,7 +8484,7 @@
If the fine is less than the amount of the bond, any sum not required to be used in payment of the fine must be returned to the person who gave the bond as soon as possible.
- (7) In this section “notice of detention” means a notice served under section 279(4).
- (7) In this section “*notice of detention*” means a notice served under section 279(4).
#### Power of court to order repayment of bonds
@@ -8474,7 +8492,7 @@
- (1) This section applies where a notice of detention served under section 279(4) in respect of a vessel has been withdrawn in return for a bond given as security for the vessel under section 282.
- (2) If, on an application to a magistrates’ court in England and Wales by the person who gave the bond, the court is satisfied that—
- (2) If, on an application to a magistrates' court in England and Wales by the person who gave the bond, the court is satisfied that—
- (a) the continued detention of the bond under section 282 is not necessary to secure that the master, owner or charterer of the vessel will attend court, or
@@ -8492,7 +8510,7 @@
- (2) The equipment referred to in subsection (1) is—
- (a) any automatic recording equipment or transmitting equipment used in accordance with a condition included in a licence by virtue of section 4(6) or 4A(6) of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84);
- (a) any automatic recording equipment or transmitting equipment used in accordance with a condition included in a licence by virtue of section 4(6) or 4A(6) of the Sea Fish (Conservation) Act 1967 (c. 84);
- (b) any equipment which is required to be carried on board a vessel by virtue of a byelaw made by an inshore fisheries and conservation authority under section 155;
@@ -8512,9 +8530,9 @@
- (c) addressing it to the person and sending it to that address by post.
- (2) “The appropriate address”, in relation to the owner of a vessel that is registered in any country or territory, means the address given by that register as the address of the owner of the vessel.
- (3) In relation to any other person “the appropriate address” means—
- (2) “*The appropriate address*”, in relation to the owner of a vessel that is registered in any country or territory, means the address given by that register as the address of the owner of the vessel.
- (3) In relation to any other person “*the appropriate address*” means—
- (a) in the case of a body corporate, its registered or principal office in the United Kingdom;
@@ -8522,7 +8540,7 @@
- (c) in the case of an unincorporated body or association, the principal office of the body or association;
- (d) in any other case, the person’s usual or last known place of residence in the United Kingdom or last known place of business in the United Kingdom.
- (d) in any other case, the person's usual or last known place of residence in the United Kingdom or last known place of business in the United Kingdom.
- (4) In the case of—
@@ -8560,17 +8578,17 @@
In this Chapter—
- “fish” includes shellfish;
- “relevant authority” means— in relation to the seizure of any object or property by an enforcement officer, the person or body on whose behalf the officer who seized it was acting; in relation to the detention of a vessel by an enforcement officer, the person or body on whose behalf the officer who detained the vessel was acting;
- “relevant function”, in relation to an enforcement officer, means any function of that officer;
- “relevant offence”, in relation to an enforcement officer, means any offence in respect of which the officer has functions;
- “shellfish” includes crustaceans and molluscs of any kind;
- “vessel” includes any ship or boat or any description of vessel used in navigation.
- “*fish*” includes shellfish;
- “*relevant authority*” means—in relation to the seizure of any object or property by an enforcement officer, the person or body on whose behalf the officer who seized it was acting;in relation to the detention of a vessel by an enforcement officer, the person or body on whose behalf the officer who detained the vessel was acting;
- “*relevant function*”, in relation to an enforcement officer, means any function of that officer;
- “*relevant offence*”, in relation to an enforcement officer, means any offence in respect of which the officer has functions;
- “*shellfish*” includes crustaceans and molluscs of any kind;
- “*vessel*” includes any ship or boat or any description of vessel used in navigation.
### Chapter 5 — Common enforcement provisions
@@ -8580,7 +8598,7 @@
##### 288
In this Chapter “enforcement officer” means a person who has any powers conferred by this Part, other than a person who has such powers only by virtue of section 260(2) (persons assisting enforcement officers).
In this Chapter “*enforcement officer*” means a person who has any powers conferred by this Part, other than a person who has such powers only by virtue of section 260(2) (persons assisting enforcement officers).
### Duties of enforcement officers
@@ -8606,7 +8624,7 @@
- (3) The information is—
- (a) the person’s name;
- (a) the person's name;
- (b) the power the person is proposing to exercise;
@@ -8622,7 +8640,7 @@
##### 291
- (1) A person within subsection (2) is not to be liable in any civil or criminal proceedings for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the person’s functions under this Act.
- (1) A person within subsection (2) is not to be liable in any civil or criminal proceedings for anything done (or omitted to be done) in, or in connection with, the discharge or purported discharge of the person's functions under this Act.
- (2) The persons are—
@@ -8636,7 +8654,7 @@
- (b) if there were no reasonable grounds for the act or omission, or
- (c) so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the [Human Rights Act 1998 (c. 42)](https://www.legislation.gov.uk/ukpga/1998/42) (acts of public authorities incompatible with Convention rights).
- (c) so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (acts of public authorities incompatible with Convention rights).
### Offences in relation to enforcement officers
@@ -8658,9 +8676,9 @@
- (b) the person intentionally fails to disclose any material particular.
- (4) A person who intentionally obstructs an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.
- (5) A person who assaults an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.
- (4) A person who intentionally obstructs an enforcement officer in the performance of any of the officer's functions under this Act is guilty of an offence.
- (5) A person who assaults an enforcement officer in the performance of any of the officer's functions under this Act is guilty of an offence.
- (6) A person who, with intent to deceive, falsely pretends to be an enforcement officer is guilty of an offence.
@@ -8686,11 +8704,11 @@
##### 293
- (1) Section 30 of the [Fisheries Act 1981 (c. 29)](https://www.legislation.gov.uk/ukpga/1981/29) (enforcement of Community rules) is amended as follows.
- (1) Section 30 of the Fisheries Act 1981 (c. 29) (enforcement of Community rules) is amended as follows.
- (2) In subsection (1)—
- (a) after “enforceable Community restrictions” insert “, and enforceable Community obligations,”;
- (a) after “enforceable Community restrictions” insert “ , and enforceable Community obligations, ”;
- (b) for paragraph (a) substitute—
@@ -8714,16 +8732,16 @@
;
- (d) in paragraph (b), for “such offences” substitute “offences under paragraph (a), (aa) or (ab) of this subsection”;
- (e) in paragraph (c), after “restrictions” insert “and obligations”.
- (d) in paragraph (b), for “such offences” substitute “ offences under paragraph (a), (aa) or (ab) of this subsection ”;
- (e) in paragraph (c), after “restrictions” insert “ and obligations ”.
- (3) After subsection (2) insert—
> (2ZA) The provision that may be made by an order made under subsection (2) by the Secretary of State includes—
> (a) provision applying to English or Welsh fishing boats outside British fishery limits;
> (b) provision applying to persons of a specified description on board any fishing boat, other than a Scottish or Northern Ireland fishing boat, outside British fishery limits.
> In this subsection “specified” means specified in the order.
> In this subsection “*specified*” means specified in the order.
- (4) After subsection (2A) insert—
@@ -8734,19 +8752,15 @@
- (5) In subsection (3), insert at the appropriate places the following definitions—
> - “English fishing boat” means— a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging; or a fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than— a Welsh, Scottish or Northern Ireland fishing boat, a fishing boat within subsection (2C) above, or a fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;
;
> - “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
;
> - “Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
;
> - “Welsh fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
> - “*English fishing boat*” means—
> 1. a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging; or
> 2. a fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than—
> 1. a Welsh, Scottish or Northern Ireland fishing boat,
> 2. a fishing boat within subsection (2C) above, or
> 3. a fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;”;
> - “ “*Northern Ireland fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;”;
> - “ “*Scottish fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;”;
> - “ “*Welsh fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of that Act and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
### Administrative penalty schemes
@@ -8758,9 +8772,9 @@
- (2) The offences referred to in subsection (1) are offences relating to sea fishing, other than—
- (a) an offence under section 30 of the [Fisheries Act 1981 (c. 29)](https://www.legislation.gov.uk/ukpga/1981/29) or any order made under that section;
- (b) an offence under regulations made under section 2(2) of the [European Communities Act 1972 (c. 68)](https://www.legislation.gov.uk/ukpga/1972/68).
- (a) an offence under section 30 of the Fisheries Act 1981 (c. 29) or any order made under that section;
- (b) an offence under regulations made under section 2(2) of the European Communities Act 1972 (c. 68).
- (3) A penalty notice is a notice offering the opportunity, by payment of a specified sum of money, to discharge any liability to be convicted of the offence to which the notice relates.
@@ -8810,29 +8824,29 @@
- (8) In this section—
- “appropriate national authority” means— in relation to Wales or vessels within the Welsh zone, the Welsh Ministers; in relation to England or vessels outside the Welsh zone, the Secretary of State;
- “enforcement authority” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence within subsection (2) is committed in that area;
- “England” includes the English inshore region;
- “English fishing boat” means— a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging, or a fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than— a Welsh, Scottish or Northern Ireland fishing boat, a fishing boat within subsection (7) above, or a fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;
- “fishing boat” means any vessel that is being used for fishing or for any activity relating to fishing;
- “Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995 (c. 21)](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- “Scottish fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- “sea fishing” includes fishing for or taking shellfish;
- “shellfish” includes crustaceans and molluscs of any kind;
- “vessel” includes any ship or boat or any description of vessel used in navigation;
- “Wales” includes the Welsh inshore region;
- “Welsh fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 of the [Merchant Shipping Act 1995](https://www.legislation.gov.uk/ukpga/1995/21) and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
- “*appropriate national authority*” means—in relation to Wales or vessels within the Welsh zone, the Welsh Ministers;in relation to England or vessels outside the Welsh zone, the Secretary of State;
- “*enforcement authority*” means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence within subsection (2) is committed in that area;
- “*England*” includes the English inshore region;
- “*English fishing boat*” means—a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging, ora fishing boat which is wholly owned by persons qualified to own British ships for the purposes of that Part, other than—a Welsh, Scottish or Northern Ireland fishing boat,a fishing boat within subsection (7) above, ora fishing boat registered in any country or territory other than the United Kingdom, the Isle of Man or any of the Channel Islands;
- “*fishing boat*” means any vessel that is being used for fishing or for any activity relating to fishing;
- “*Northern Ireland fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- “*Scottish fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- “*sea fishing*” includes fishing for or taking shellfish;
- “*shellfish*” includes crustaceans and molluscs of any kind;
- “*vessel*” includes any ship or boat or any description of vessel used in navigation;
- “*Wales*” includes the Welsh inshore region;
- “*Welsh fishing boat*” means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
### Crown application
@@ -8886,17 +8900,17 @@
- (8) In this section—
- “the 1949 Act” means the [National Parks and Access to the Countryside Act 1949 (c. 97)](https://www.legislation.gov.uk/ukpga/1949/97);
- “the CROW Act” means the [Countryside and Rights of Way Act 2000 (c. 37)](https://www.legislation.gov.uk/ukpga/2000/37);
- “excepted land” has the same meaning as in Part 1 of the CROW Act;
- “military lands byelaw” means a byelaw under section 14 of the [Military Lands Act 1892 (c. 43)](https://www.legislation.gov.uk/ukpga/1892/43) or section 2 of the [Military Lands Act 1900 (c. 56)](https://www.legislation.gov.uk/ukpga/1900/56);
- “relevant excepted land” means excepted land other than land within subsection (5)(c);
- “the relevant functions” means— in relation to Natural England— its functions under this Part, Part 4 of the 1949 Act (long-distance routes) and Part 1 of the CROW Act (access to the countryside), and such of its other functions as it considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3), and in relation to the Secretary of State— the Secretary of State’s functions under this Part, Part 4 of the 1949 Act and Part 1 of the CROW Act, and such of the Secretary of State’s other functions as the Secretary of State considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3).
- “*the 1949 Act*” means the National Parks and Access to the Countryside Act 1949 (c. 97);
- “*the CROW Act*” means the Countryside and Rights of Way Act 2000 (c. 37);
- “*excepted land*” has the same meaning as in Part 1 of the CROW Act;
- “*military lands byelaw*” means a byelaw under section 14 of the Military Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56);
- “*relevant excepted land*” means excepted land other than land within subsection (5)(c);
- “*the relevant functions*” means—in relation to Natural England—its functions under this Part, Part 4 of the 1949 Act (long-distance routes) and Part 1 of the CROW Act (access to the countryside), andsuch of its other functions as it considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3), andin relation to the Secretary of State—the Secretary of State's functions under this Part, Part 4 of the 1949 Act and Part 1 of the CROW Act, andsuch of the Secretary of State's other functions as the Secretary of State considers it appropriate to exercise for the purpose of securing the objectives in subsections (2) and (3).
#### General provision about the coastal access duty
@@ -8942,7 +8956,7 @@
- (4) Natural England may, with the approval of the Secretary of State, revise a scheme approved under this section.
- (5) A scheme approved under this section (and any revised scheme) must set out the approach Natural England will take when deciding, for the purposes of section 55A[(4)](#p01042) of the 1949 Act, whether it would be appropriate for an access authority to carry out any preliminary activity (within the meaning of section 55A[(3)](#p01041) of that Act).
- (5) A scheme approved under this section (and any revised scheme) must set out the approach Natural England will take when deciding, for the purposes of section 55A(4) of the 1949 Act, whether it would be appropriate for an access authority to carry out any preliminary activity (within the meaning of section 55A(3) of that Act).
- (6) The Secretary of State must lay before Parliament a copy of the scheme approved under this section and, where that scheme is revised, a copy of the revised scheme.
@@ -8974,7 +8988,7 @@
##### 300
- (1) In this Part “the English coast” means the coast of England adjacent to the sea, including the coast of any island (in the sea) comprised in England (other than an excluded island).
- (1) In this Part “*the English coast*” means the coast of England adjacent to the sea, including the coast of any island (in the sea) comprised in England (other than an excluded island).
- (2) An island is “excluded” if it is neither—
@@ -9000,15 +9014,15 @@
- (2) Natural England may exercise its functions as if the references in the coastal access provisions to the sea included the relevant upstream waters of the river.
- (3) For this purpose “the relevant upstream waters”, in relation to a river, means—
- (3) For this purpose “*the relevant upstream waters*”, in relation to a river, means—
- (a) the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing, or
- (b) if Natural England so decides, the waters from the seaward limit of the estuarial waters of the river upstream to such limit, downstream of the first public foot crossing, as may be specified by it.
- (4) When exercising any power conferred by subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/3/enacted), Natural England must have regard to the following matters (in addition to the matters mentioned in section 297(2))—
- (a) the nature of the land which would, for the purposes of this Part, become part of the coast of England if Natural England exercised the power in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/2/enacted) in respect of the relevant upstream waters for the limit under consideration;
- (4) When exercising any power conferred by subsection (2) or (3), Natural England must have regard to the following matters (in addition to the matters mentioned in section 297(2))—
- (a) the nature of the land which would, for the purposes of this Part, become part of the coast of England if Natural England exercised the power in subsection (2) in respect of the relevant upstream waters for the limit under consideration;
- (b) the topography of the shoreline adjacent to those waters;
@@ -9022,23 +9036,23 @@
- (g) the existence of a ferry by which the public may cross the river.
- (5) Anything done pursuant to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/2/enacted) (including any decision under subsection [(3)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/3/b/enacted)) is to be regarded as done pursuant to, and for the purpose of discharging, the coastal access duty.
- (6) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/1/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/5/enacted) apply in relation to the Secretary of State as they apply in relation to Natural England.
- (5) Anything done pursuant to subsection (2) (including any decision under subsection (3)(b)) is to be regarded as done pursuant to, and for the purpose of discharging, the coastal access duty.
- (6) Subsections (1) to (5) apply in relation to the Secretary of State as they apply in relation to Natural England.
- (7) A decision by Natural England to exercise a power conferred by subsection (2) or (3) in relation to a river—
- (a) is without prejudice to any decision by the Secretary of State (by virtue of subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/6/enacted)) as to whether or not to exercise such a power in relation to the river, and
- (b) does not affect the requirements of subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/4/enacted) (as they apply by virtue of subsection [(6)](https://www.legislation.gov.uk/ukpga/2009/23/section/301/6/enacted)) or of section 297[(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/297/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/297/3/enacted), in relation to such a decision by the Secretary of State.
- (a) is without prejudice to any decision by the Secretary of State (by virtue of subsection (6)) as to whether or not to exercise such a power in relation to the river, and
- (b) does not affect the requirements of subsection (4) (as they apply by virtue of subsection (6)) or of section 297(2) and (3), in relation to such a decision by the Secretary of State.
- (8) In this section—
- “coastal access provisions” means— this Part (other than this section), and sections 55A to 55J of the 1949 Act;
- “excepted land” has the same meaning as in Part 1 of the CROW Act;
- “public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot.
“*coastal access provisions*” means—
- “*excepted land*” has the same meaning as in Part 1 of the CROW Act;
- “*public foot crossing*”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot.
### Implementation of the coastal access duty
@@ -9051,12 +9065,12 @@
> (55A)
> (1) Pursuant to the coastal access duty, Natural England may prepare and submit a report under section 51 containing proposals for a route (whether or not the requirements of section 51(1) are satisfied).
> (2) For the purposes of subsection (1) it is immaterial whether the route or any part of it is already a route in approved proposals relating to a long-distance route.
> (3) In subsections [(4)](#p01042) and [(5)](#p01043) “preliminary activity” means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty.
> (3) In subsections (4) and (5) “*preliminary activity*” means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty.
> (4) Where Natural England considers it necessary or expedient for preliminary activity to be carried out as respects any land, it must—
> (a) consider whether it would be appropriate for the access authority in relation to that land to carry out any of the preliminary activity, and
> (b) if it concludes that it would be so appropriate, take all reasonable steps to enter into an agreement with the access authority for that purpose.
> (5) An access authority may, as respects any land in its area, enter into an agreement with Natural England under which the access authority undertakes to carry out preliminary activity.
> (6) In this section “the coastal access duty” means the duty imposed on Natural England and the Secretary of State by section 296[(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/296/1/enacted) of the Marine and Coastal Access Act 2009.
> (6) In this section “*the coastal access duty*” means the duty imposed on Natural England and the Secretary of State by section 296(1) of the Marine and Coastal Access Act 2009.
> (55B)
> (1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.
> (2) Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the report may set out proposals for the route, or any part of it, to be determined at any time in accordance with provision made in the proposals (rather than as shown on a map).
@@ -9079,7 +9093,7 @@
> (b) the action of the tide,
> (c) coastal erosion or encroachment by the sea, or
> (d) the effect of any other geomorphological process.
> (5) In subsection (3)(a) “specified” means—
> (5) In subsection (3)(a) “*specified*” means—
> (a) specified in, or determined in accordance with, the proposal, or
> (b) determined in accordance with the proposal by—
> (i) a person specified in the proposal, or
@@ -9094,7 +9108,7 @@
> (3) The report must contain—
> (a) a map showing the landward boundary of the relevant coastal margin, or
> (b) a description of that boundary which is sufficient to identify the relevant coastal margin.
> (4) Where a map is contained in a report pursuant to subsection [(3)(a)](#p01044), Natural England must provide a person with a relevant interest in affected land, on request, with a copy of that map.
> (4) Where a map is contained in a report pursuant to subsection (3)(a), Natural England must provide a person with a relevant interest in affected land, on request, with a copy of that map.
> (5) The report must set out such proposals (if any) as Natural England considers appropriate as to the directions to be made by it under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access that would arise under section 2(1) of that Act in relation to any land if the proposals in the report were to be approved.
> (6) Before preparing the report, Natural England must (in addition to complying with section 51(4))—
> (a) take reasonable steps to consult persons with a relevant interest in affected land,
@@ -9122,7 +9136,7 @@
> (a) pursuant to the coastal access duty, approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, and
> (b) an approach route to the ferry is not a highway.
> (2) The reference in section 53(1) to the highway authority for either or both of the highways to be connected by the ferry is to be read as including the highway authority in whose area the approach route is situated.
> (3) In this section “approach route”, in relation to a ferry, means a part of the English coastal route to be connected to another part of that route by the ferry.
> (3) In this section “*approach route*”, in relation to a ferry, means a part of the English coastal route to be connected to another part of that route by the ferry.
> (55H)
> (1) In the case of a report made by Natural England under section 55(1) pursuant to the coastal access duty—
> (a) the procedural requirements apply with the necessary modifications, and
@@ -9132,8 +9146,8 @@
> (b) that section 55(3) does not apply in relation to such a direction.
> (3) The Secretary of State may not make a direction under section 55(2) pursuant to the coastal access duty at a time when there are no regulations under subsection (2) in force.
> (4) For the purposes of this section—
> - “modify” includes amend, add to or repeal, and “modification” is to be construed accordingly;
> - “the procedural requirements” means sections 51(4) and (5), 52(1) and (2), 55D[(6)](#p01046) to [(10)](#p01047) and 55E, Schedule 1A and regulations under that Schedule.
> - “*modify*” includes amend, add to or repeal, and “*modification*” is to be construed accordingly;
> - “*the procedural requirements*” means sections 51(4) and (5), 52(1) and (2), 55D(6) to (10) and 55E, Schedule 1A and regulations under that Schedule.
> (55I)
> (1) This section applies where Natural England or the Secretary of State gives a direction by virtue of Chapter 2 of Part 1 of the CROW Act which excludes the right of access under section 2(1) of that Act, for any period (“the exclusion period”), in relation to any land over which (or any part of which) the English coastal route or any official alternative route passes.
> (2) This section does not apply if the direction by virtue of that Chapter is expressed to have effect indefinitely.
@@ -9149,19 +9163,27 @@
> (b) may be revoked or varied by a subsequent direction under this section.
> (55J)
> (1) In sections 55A to 55I, Schedule 1A and this section—
> - “access authority” has the same meaning as in Part 1 of the CROW Act;
> - “affected land” means— land over which the route, or any alternative route, to which the proposals relate passes, and any other land which— is relevant coastal margin, or an alternative route strip in relation to such an alternative route, and is not excepted land;
> - “alternative route” is to be construed in accordance with section 55C;
> - “alternative route strip”, in relation to an alternative route, means— in a case where the proposal for the alternative route has not yet been approved under section 52, the land which would become coastal margin during the operation of that route if the proposals in the report were to be so approved (without modifications), and in the case of an official alternative route, the land which would become coastal margin during the operation of that route;
> - “the coastal access duty” has the meaning given by section 55A;
> - “coastal margin” has the same meaning as in Part 1 of the CROW Act;
> - “the CROW Act” means the [Countryside and Rights of Way Act 2000 (c. 37)](https://www.legislation.gov.uk/ukpga/2000/37);
> - “the English coastal route” means the route secured pursuant to the coastal access duty;
> - “excepted land” has the same meaning as in Part 1 of the CROW Act;
> - “local access forum” means a local access forum established under section 94 of the CROW Act;
> - “official alternative route” means an alternative route which is contained in approved proposals relating to a long-distance route;
> - “owner”, in relation to land, means the person who holds an estate in fee simple absolute in possession in the land;
> - “relevant coastal margin”, in relation to proposals, means— in a case where the proposals have not yet been approved under section 52, land which would become coastal margin if the proposals were to be approved (without modifications) under that section (disregarding the alternative route strip in relation to any alternative route), and in a case where the proposals have been so approved (with or without modifications), land which becomes coastal margin as a result of the proposals having been so approved (disregarding the alternative route strip in relation to any official alternative route).
> - “*access authority*” has the same meaning as in Part 1 of the CROW Act;
> - “*affected land*” means—
> 1. land over which the route, or any alternative route, to which the proposals relate passes, and
> 2. any other land which—
> 1. is relevant coastal margin, or an alternative route strip in relation to such an alternative route, and
> 2. is not excepted land;
> - “*alternative route*” is to be construed in accordance with section 55C;
> - “*alternative route strip*”, in relation to an alternative route, means—
> 1. in a case where the proposal for the alternative route has not yet been approved under section 52, the land which would become coastal margin during the operation of that route if the proposals in the report were to be so approved (without modifications), and
> 2. in the case of an official alternative route, the land which would become coastal margin during the operation of that route;
> - “*the coastal access duty*” has the meaning given by section 55A;
> - “*coastal margin*” has the same meaning as in Part 1 of the CROW Act;
> - “*the CROW Act*” means the Countryside and Rights of Way Act 2000 (c. 37);
> - “*the English coastal route*” means the route secured pursuant to the coastal access duty;
> - “*excepted land*” has the same meaning as in Part 1 of the CROW Act;
> - “*local access forum*” means a local access forum established under section 94 of the CROW Act;
> - “*official alternative route*” means an alternative route which is contained in approved proposals relating to a long-distance route;
> - “*owner*”, in relation to land, means the person who holds an estate in fee simple absolute in possession in the land;
> - “*relevant coastal margin*”, in relation to proposals, means—
> 1. in a case where the proposals have not yet been approved under section 52, land which would become coastal margin if the proposals were to be approved (without modifications) under that section (disregarding the alternative route strip in relation to any alternative route), and
> 2. in a case where the proposals have been so approved (with or without modifications), land which becomes coastal margin as a result of the proposals having been so approved (disregarding the alternative route strip in relation to any official alternative route).
> (2) For the purposes of sections 55A to 55I and Schedule 1A, a person has a relevant interest in land if the person—
> (a) is the owner of the land,
> (b) holds a term of years absolute in the land, or
@@ -9188,31 +9210,31 @@
- (b) in subsection (2), after the definition of “the appropriate countryside body” insert—
> - “coastal margin” means land which is of a description specified by an order under section 3A;
> “*coastal margin*” means land which is of a description specified by an order under section 3A;
,
- (c) in that subsection, in the definition of “open country”, in paragraph (b) after “land” insert “or coastal margin”, and
- (d) in subsection (3), after “2006” insert “(but is not coastal margin)”.
- (c) in that subsection, in the definition of “open country”, in paragraph (b) after “land” insert “ or coastal margin ”, and
- (d) in subsection (3), after “2006” insert “ (but is not coastal margin) ”.
- (3) In section 2 (rights of public in relation to access land)—
- (a) in subsection (3), for “prohibition” to the end substitute “relevant statutory prohibition”, and
- (a) in subsection (3), for “prohibition” to the end substitute “ relevant statutory prohibition ”, and
- (b) after that subsection insert—
> (3A) In subsection (3) “relevant statutory prohibition” means—
> (3A) In subsection (3) “*relevant statutory prohibition*” means—
> (a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and
> (b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.
- (4) In section 3 (power to extend to coastal land)—
- (a) at the end of the heading insert “: Wales”,
- (b) in subsection (1) for “Secretary” to “Wales)” substitute “Welsh Ministers”, and
- (c) in that subsection after “include” insert “as respects Wales”.
- (a) at the end of the heading insert “ : Wales ”,
- (b) in subsection (1) for “Secretary” to “Wales)” substitute “ Welsh Ministers ”, and
- (c) in that subsection after “include” insert “ as respects Wales ”.
- (5) After that section insert—
@@ -9246,20 +9268,22 @@
> (b) any direction given under Chapter 2 in relation to the land may be expressed to take effect immediately after the end of that period, and
> (c) until the end of that period, the land is not to be regarded as coastal margin—
> (i) for the purpose of determining whether it is open country or registered common land, or
> (ii) for the purposes of section 1(6AA) of the Occupiers’ Liability Act 1984 (duty of occupier of coastal margin to persons other than the occupier’s visitors).
> (ii) for the purposes of section 1(6AA) of the Occupiers' Liability Act 1984 (duty of occupier of coastal margin to persons other than the occupier's visitors).
> (7) Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1), any exclusion or restriction under Chapter 2 of access to the land by virtue of section 2(1) ceases to have effect at the end of the access preparation period.
> (8) Subsection (7) does not apply to any exclusion or restriction resulting from a direction under Chapter 2 which takes effect after the end of the access preparation period.
> (9) Subsections (6) and (7) do not apply to land if, at the time it becomes coastal margin by virtue of an order under subsection (1), it is already dedicated as coastal margin under section 16.
> (10) In this section—
> - “the 1949 Act” means the National Parks and Access to the Countryside Act 1949;
> - “access preparation period”, in relation to any land, means the period which— begins when the land becomes coastal margin, and ends with the day appointed by the Secretary of State by order under this subsection in relation to that land;
> - “approved proposals relating to a long-distance route” is to be construed in accordance with sections 52(3) and 55(4) of the 1949 Act;
> - “coastal land” has the same meaning as in section 3;
> - “the English coastal route” means the route secured (or to be secured) pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009);
> - “modify” includes amend, add to or repeal;
> - “official alternative route” has the meaning given by section 55J of the 1949 Act;
> - “relevant approved proposals” means approved proposals relating to a long-distance route which is or forms part of the English coastal route;
> - “specified” means specified in an order under subsection (1);
> - “*the 1949 Act*” means the National Parks and Access to the Countryside Act 1949;
> - “*access preparation period*”, in relation to any land, means the period which—
> 1. begins when the land becomes coastal margin, and
> 2. ends with the day appointed by the Secretary of State by order under this subsection in relation to that land;
> - “*approved proposals relating to a long-distance route*” is to be construed in accordance with sections 52(3) and 55(4) of the 1949 Act;
> - “*coastal land*” has the same meaning as in section 3;
> - “*the English coastal route*” means the route secured (or to be secured) pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009);
> - “*modify*” includes amend, add to or repeal;
> - “*official alternative route*” has the meaning given by section 55J of the 1949 Act;
> - “*relevant approved proposals*” means approved proposals relating to a long-distance route which is or forms part of the English coastal route;
> - “*specified*” means specified in an order under subsection (1);
> and references to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) are to be interpreted in accordance with section 21(2) and (3).
- (6) In section 16 (dedication of land as access land)—
@@ -9303,11 +9327,11 @@
> (1A) The duty imposed by subsection (1) to issue and revise a code of conduct may be discharged, in relation to access land which is coastal margin, by (or in part by) issuing and revising a separate code relating to such access land only.
- (8) In section 44 (orders and regulations under Part 1), in subsection (3) after “section 3” insert “or 3A(1)”.
- (8) In section 44 (orders and regulations under Part 1), in subsection (3) after “section 3” insert “ or 3A(1) ”.
- (9) In section 45 (interpretation of Part 1), after the definition of “the appropriate countryside body” insert—
> - “coastal margin” has the meaning given by section 1(2);
> “*coastal margin*” has the meaning given by section 1(2);
.
@@ -9349,9 +9373,9 @@
##### 306
In section 1 of the [Occupiers’ Liability Act 1984 (c. 3)](https://www.legislation.gov.uk/ukpga/1984/3) (duty of occupier to persons other than the occupier’s visitors), after subsection (6A) insert—
> (6AA) Where the land is coastal margin for the purposes of Part 1 of that Act (including any land treated as coastal margin by virtue of section 16 of that Act), subsection (6A) has effect as if for paragraphs (a) and (b) of that subsection there were substituted “a risk resulting from the existence of any physical feature (whether of the landscape or otherwise).”
In section 1 of the Occupiers' Liability Act 1984 (c. 3) (duty of occupier to persons other than the occupier's visitors), after subsection (6A) insert—
> (6AA) Where the land is coastal margin for the purposes of Part 1 of that Act (including any land treated as coastal margin by virtue of section 16 of that Act), subsection (6A) has effect as if for paragraphs (a) and (b) of that subsection there were substituted “ a risk resulting from the existence of any physical feature (whether of the landscape or otherwise). ”
### General
@@ -9375,7 +9399,7 @@
- (1) This Part is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.
- (2) For this purpose “Crown land” means land an interest in which—
- (2) For this purpose “*Crown land*” means land an interest in which—
- (a) belongs to Her Majesty in right of the Crown or in right of Her private estates,
@@ -9395,7 +9419,7 @@
- (4) An agreement described in subsection (3)(a) or (b) as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.
- (5) The “appropriate authority” means—
- (5) The “*appropriate authority*” means—
- (a) in the case of land which belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having management of the land in question;
@@ -9409,7 +9433,7 @@
- (6) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.
- (7) In this section references to Her Majesty’s private estates are to be construed in accordance with section 1 of the Crown Private Estates Act [1862 (c. 37)](https://www.legislation.gov.uk/ukpga/1862/37).
- (7) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
#### Interpretation of this Part
@@ -9417,27 +9441,27 @@
In this Part—
- “the 1949 Act” has the meaning given by section 296(8);
- “access authority”, in relation to any land, has the same meaning as in Part 1 of the CROW Act;
- “the coastal access duty” has the meaning given by section 296(4);
- “coastal margin” means land which is coastal margin for the purposes of Part 1 of the CROW Act (including any land treated as coastal margin by virtue of section 16 of that Act);
- “the CROW Act” has the meaning given by section 296(8);
- “the English coast” has the meaning given by section 300;
- “the English coastal route” has the meaning given by section 296(3);
- “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive [2000/60/EC](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
- “functions” includes powers and duties;
- “long-distance route” means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);
- “the sea”, subject to section 301, does not include any part of a river which is upstream of the seaward limit of the river’s estuarial waters.
- “*the 1949 Act*” has the meaning given by section 296(8);
- “*access authority*”, in relation to any land, has the same meaning as in Part 1 of the CROW Act;
- “*the coastal access duty*” has the meaning given by section 296(4);
- “*coastal margin*” means land which is coastal margin for the purposes of Part 1 of the CROW Act (including any land treated as coastal margin by virtue of section 16 of that Act);
- “*the CROW Act*” has the meaning given by section 296(8);
- “*the English coast*” has the meaning given by section 300;
- “*the English coastal route*” has the meaning given by section 296(3);
- “*estuarial waters*” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive [2000/60/EC](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
- “*functions*” includes powers and duties;
- “*long-distance route*” means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);
- “the sea”, subject to section 301, does not include any part of a river which is upstream of the seaward limit of the river's estuarial waters.
### Wales
@@ -9445,15 +9469,27 @@
##### 310
In Part 1 of Schedule 5 to the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) (Assembly measures), in field 16 (sport and recreation), after matter 16.1 insert—
> - The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.
> - This matter does not include— enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages); the creation of new highways (whether under the Highways Act 1980 or otherwise).
> - Securing public access to relevant land for the purposes of open-air recreation.
> - Land is relevant land if it— is at the coast, can be used for the purposes of open-air recreation in association with land within paragraph (a), or can be used for the purposes of open-air recreation in association with a route within matter 16.2.
> - In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.
> - In this field— “coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales; “estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive [2000/60/EC](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy); “highway” has the same meaning as in the Highways Act 1980; “public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot; “qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section; “relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing; “sea” includes the relevant upstream waters of a river;
> - and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly measures), in field 16 (sport and recreation), after matter 16.1 insert—
> The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.
> This matter does not include—
> (a) enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);
> (b) the creation of new highways (whether under the Highways Act 1980 or otherwise).
> Securing public access to relevant land for the purposes of open-air recreation.
> Land is relevant land if it—
> (a) is at the coast,
> (b) can be used for the purposes of open-air recreation in association with land within paragraph (a), or
> (c) can be used for the purposes of open-air recreation in association with a route within matter 16.2.
> In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.
> In this field—
> - “*coast*” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
> - “*estuarial waters*” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive [2000/60/EC](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
> - “*highway*” has the same meaning as in the Highways Act 1980;
> - “*public foot crossing*”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;
> - “*qualifying invalid carriage*” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;
> - “*relevant upstream waters*”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;
> - “*sea*” includes the relevant upstream waters of a river;
> and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.
## Part 10 — Miscellaneous
@@ -9463,9 +9499,9 @@
##### 311
- (1) Section 1 of the [Natural Environment and Rural Communities Act 2006 (c. 16)](https://www.legislation.gov.uk/ukpga/2006/16) (constitution of Natural England) is amended as follows.
- (2) In subsection (3) (area in which functions exercisable) after “in relation to England” insert “(including, where the context requires, the territorial sea adjacent to England)”.
- (1) Section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16) (constitution of Natural England) is amended as follows.
- (2) In subsection (3) (area in which functions exercisable) after “in relation to England” insert “ (including, where the context requires, the territorial sea adjacent to England) ”.
- (3) After subsection (3) insert—
@@ -9480,7 +9516,7 @@
##### 312
In Schedule 1 to the [Civil Contingencies Act 2004 (c. 36)](https://www.legislation.gov.uk/ukpga/2004/36) (category 1 and 2 responders) omit paragraph 11A (Natural England).
In Schedule 1 to the Civil Contingencies Act 2004 (c. 36) (category 1 and 2 responders) omit paragraph 11A (Natural England).
### Countryside Council for Wales
@@ -9488,24 +9524,24 @@
##### 313
- (1) The [Environmental Protection Act 1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43) is amended as follows.
- (1) The Environmental Protection Act 1990 (c. 43) is amended as follows.
- (2) In section 128 (Countryside Council for Wales) after subsection (1) insert—
> (1A) Except where otherwise expressly provided, the functions of the Countryside Council for Wales are exercisable in relation to Wales only.
> In this Part “Wales” has the same meaning as in the Government of Wales Act 2006.
> In this Part “*Wales*” has the same meaning as in the Government of Wales Act 2006.
- (3) In section 132 (general functions of the Council) after subsection (2) insert—
> (2A) The following functions are exercisable in relation to Wales and the Welsh zone—
> (a) the functions conferred by paragraphs (c) to (e) of subsection (1);
> (b) the functions conferred by subsection (2).
> In this subsection “Welsh zone” has the same meaning as in the Government of Wales Act 2006.
> In this subsection “*Welsh zone*” has the same meaning as in the Government of Wales Act 2006.
- (4) In section 134 (grants and loans by the Council) after subsection (4) insert—
> (5) The functions conferred by this section are exercisable in relation to Wales and the Welsh zone.
> In this subsection “Welsh zone” has the same meaning as in the Government of Wales Act 2006.
> In this subsection “*Welsh zone*” has the same meaning as in the Government of Wales Act 2006.
### Works detrimental to navigation
@@ -9513,15 +9549,15 @@
##### 314
- (1) In the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32), after Part 4 (decommissioning of energy installations) insert—
- (1) In the Energy Act 2008 (c. 32), after Part 4 (decommissioning of energy installations) insert—
> (82A)
> (1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section [82Q](#p01118)) any operation to which this subsection applies (see subsections [(2)](#p01062) and [(3)](#p01063)).
> (2) Subsection [(1)](#p01061) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.
> (3) Subject to that, subsection [(1)](#p01061) applies to an operation if—
> (1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).
> (2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.
> (3) Subject to that, subsection (1) applies to an operation if—
> (a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently),
> (b) it is of a description falling within subsection [(4)](#p01065), and
> (c) it may be carried out only with a permission falling within subsection [(5)](#p01067).
> (b) it is of a description falling within subsection (4), and
> (c) it may be carried out only with a permission falling within subsection (5).
> (4) The descriptions of operations are—
> (a) the construction, alteration, improvement, dismantlement or abandonment of any works;
> (b) the deposit of any object or materials;
@@ -9530,128 +9566,128 @@
> (a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934,
> (b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences),
> (c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines),
> and see also subsection [(6)](#p01071).
> (6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection [(5)](#p01067) include operations which, by virtue of a permission falling within paragraph [(a)](#p01068) or [(b)](#p01069) of that subsection, may be carried out only with the consent of the Secretary of State or another person.
> (7) In the case of an authorised exploration or exploitation operation (see subsection [(8)](#p01072))—
> (a) the reference in subsection [(3)](#p01063) to an operation being likely to result in obstruction or danger to navigation,includes
> and see also subsection (6).
> (6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.
> (7) In the case of an authorised exploration or exploitation operation (see subsection (8))—
> (a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes
> (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
> (8) In this Part “authorised exploration or exploitation operation” means any operation—
> (a) which is of a description falling within subsection [(4)(a)](#p01066), and
> (b) which may be carried out only with a permission falling within subsection [(5)](#p01067).
> (8) In this Part “*authorised exploration or exploitation operation*” means any operation—
> (a) which is of a description falling within subsection (4)(a), and
> (b) which may be carried out only with a permission falling within subsection (5).
> (82B)
> (1) The Secretary of State may, as a condition of considering an application for consent under section [82A](#p01060), require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.
> (1) The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.
> (2) On receipt of any such application, the Secretary of State may cause to be published notice of—
> (a) the application, and
> (b) the time within which, and the manner in which, objections to the application may be made.
> (3) Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application.
> (4) The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent.
> (82C)
> (1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section [82A](#p01060) will cause, or is likely to result in, obstruction or danger to navigation, subsection [(2)](#p01074) applies.
> (1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies.
> (2) In any such case, the Secretary of State must either—
> (a) refuse to give consent, or
> (b) give consent subject to such conditions as the Secretary of State considers appropriate.
> (3) In exercising functions under subsection [(2)](#p01074), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.
> (3) In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.
> (4) In the case of an authorised exploration or exploitation operation—
> (a) any reference in subsection [(1)](#p01073) or [(3)](#p01075) to an operation being likely to result in obstruction or danger to navigation,includes
> (a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes
> (b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
> (5) A consent of the Secretary of State under section [82A](#p01060) may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.
> (6) Subsection [(5)](#p01076) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.
> (5) A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.
> (6) Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.
> (82D)
> (1) This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”).
> (2) A consent condition shall either—
> (a) remain in force for a specified period, or
> (b) remain in force without limit of time,
> but this is subject to subsection [(5)](#p01081).
> but this is subject to subsection (5).
> (3) A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question.
> (4) Where—
> (a) a consent condition relates to the taking of navigational precautions, and
> (b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed),
> the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken.
> (5) The Secretary of State may revoke any consent condition.
> (6) In this section “taking of navigational precautions” means any of the following—
> (6) In this section “*taking of navigational precautions*” means any of the following—
> (a) the provision of any lights, signals or other aids to navigation;
> (b) the stationing of guard ships in the vicinity of the works in question;
> (c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works.
> (82E)
> (1) This section applies if—
> (a) the person to whom a consent under section [82A](#p01060) is given fails to comply with any provision of the consent, or
> (b) a person who, by virtue of section [82D](#p01077)[(3)](#p01079), is bound by a consent condition fails to comply with the condition.
> (a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or
> (b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition.
> (2) The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction.
> (3) The Secretary of State must consult the defaulter before giving a direction under subsection [(2)](#p01084).
> (4) If the defaulter fails to comply with a direction under subsection [(2)](#p01084), the Secretary of State may—
> (3) The Secretary of State must consult the defaulter before giving a direction under subsection (2).
> (4) If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may—
> (a) comply with the direction on behalf of the defaulter, or
> (b) make arrangements for another person to do so.
> (5) A person taking action by virtue of subsection [(4)](#p01085) may—
> (5) A person taking action by virtue of subsection (4) may—
> (a) do anything which the defaulter could have done, and
> (b) recover from the defaulter any reasonable costs incurred in taking the action.
> (6) A person (“P”) liable to pay any sum by virtue of subsection [(5)(b)](#p01086) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection [(4)](#p01085) notified P of the sum payable and ending with the date of payment.
> (7) The rate of interest payable in accordance with subsection [(6)](#p01087) is a rate determined by the Secretary of State as comparable with commercial rates.
> (8) The defaulter must provide a person taking action by virtue of subsection [(4)](#p01085) with such assistance as the Secretary of State may direct.
> (6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.
> (7) The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates.
> (8) The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct.
> (9) The power to give a direction under this section is without prejudice to any provision made—
> (a) in the consent, with regard to the enforcement of any of its provisions, or
> (b) in the condition, with regard to the enforcement of the condition.
> (82F)
> (1) This section applies in any case where—
> (a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and
> (b) at any time after the giving of that consent, the condition in subsection [(2)](#p01089) is met.
> (b) at any time after the giving of that consent, the condition in subsection (2) is met.
> (2) The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—
> (a) any substantial damage to any works to which the relevant consent relates, or
> (b) any other substantial and unforeseen change in the state or position of any such works.
> (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.
> (4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection [(5)](#p01091).
> (4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).
> (5) Those matters are—
> (a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
> (b) the stationing of guard ships in the vicinity of those works.
> (6) An emergency safety notice may be served by the Secretary of State whether or not—
> (a) the operation in question has been completed, or
> (b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection [(5)](#p01091).
> (b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).
> (82G)
> (1) If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may—
> (a) comply with the notice on behalf of the consent holder, or
> (b) make arrangements for another person to do so.
> (2) For the purposes of subsection [(1)](#p01093) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.
> (3) A person taking action by virtue of subsection [(1)](#p01093) may—
> (2) For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.
> (3) A person taking action by virtue of subsection (1) may—
> (a) do anything which the consent holder could have done, and
> (b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection [(4)](#p01096) as the Secretary of State considers appropriate.
> (b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate.
> (4) The persons are—
> (a) the consent holder;
> (b) any other person or persons bound by a consent condition by virtue of section [82D](#p01077)[(3)](#p01079).
> (5) A person (“P”) liable to pay any sum by virtue of subsection [(3)(b)](#p01095) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection [(1)](#p01093) notified P of the sum payable and ending with the date of payment.
> (6) The rate of interest payable in accordance with subsection [(5)](#p01097) is a rate determined by the Secretary of State as comparable with commercial rates.
> (b) any other person or persons bound by a consent condition by virtue of section 82D(3).
> (5) A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment.
> (6) The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates.
> (7) Once an emergency safety notice has been complied with (whether by the consent holder or otherwise)—
> (a) the requirements of the notice are, subject to subsection [(8)](#p01100), to be treated for the purposes of this Part as conditions subject to which the consent was given, but
> (b) section [82D](#p01077)[(2)](#p01078) and [(5)](#p01081) are not to apply in the case of those requirements.
> (a) the requirements of the notice are, subject to subsection (8), to be treated for the purposes of this Part as conditions subject to which the consent was given, but
> (b) section 82D(2) and (5) are not to apply in the case of those requirements.
> (8) If it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, the Secretary of State must revoke the requirements by notice served on the consent holder.
> (9) Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection [(7)](#p01099) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances.
> (9) Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection (7) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances.
> (82H)
> (1) This section applies where—
> (a) a consent under section [82A](#p01060)[(1)](#p01061) has been given subject to conditions,
> (b) a person falling within subsection [(2)](#p01102) fails to comply with a condition, and
> (a) a consent under section 82A(1) has been given subject to conditions,
> (b) a person falling within subsection (2) fails to comply with a condition, and
> (c) it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition.
> (2) The persons are—
> (a) the consent holder;
> (b) any person bound by the condition by virtue of section [82D](#p01077)[(3)](#p01079).
> (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection [(4)](#p01104).
> (b) any person bound by the condition by virtue of section 82D(3).
> (3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4).
> (4) The requirements are—
> (a) a requirement to comply with the condition;
> (b) a requirement to take any specified action or actions to remedy the failure to comply with the condition.
> (5) Subsections [(1)](#p01093) to [(6)](#p01098) of section [82G](#p01092) apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.
> (6) In this section “specified” means specified in the immediate action notice.
> (5) Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.
> (6) In this section “*specified*” means specified in the immediate action notice.
> (82I)
> (1) It is an offence for a person—
> (a) to carry out an operation to which subsection [(1)](#p01061) of section [82A](#p01060) applies without the written consent of the Secretary of State under that subsection, or
> (a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or
> (b) to fail to comply with a condition of such a consent.
> (2) A person guilty of an offence under this section is liable—
> (a) on summary conviction, to a fine not exceeding £50,000, or
> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
> (82J)
> (1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section [82A](#p01060)[(1)](#p01061).
> (2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section [82A](#p01060)[(1)](#p01061).
> (1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1).
> (2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1).
> (3) A person guilty of an offence under this section is liable—
> (a) on summary conviction, to a fine not exceeding the statutory maximum, or
> (b) on conviction on indictment, to a fine.
> (82K)
> (1) It is an offence for a person to fail to comply with a direction under section [82E](#p01082), unless the person proves that due diligence was exercised in order to avoid the failure.
> (1) It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure.
> (2) A person guilty of an offence under this section is liable—
> (a) on summary conviction, to a fine not exceeding £50,000, or
> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
@@ -9659,16 +9695,16 @@
> (1) It is an offence for a person to fail to comply with—
> (a) an emergency safety notice, or
> (b) an immediate action notice,
> within the time allowed (within the meaning of section [82G](#p01092)[(1)](#p01093)).
> within the time allowed (within the meaning of section 82G(1)).
> (2) A person guilty of an offence under this section is liable—
> (a) on summary conviction, to a fine not exceeding £50,000, or
> (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
> (82M)
> (1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section [82A](#p01060)[(1)](#p01061), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.
> (1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.
> (2) An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.
> (3) On an application under subsection [(1)](#p01108), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.
> (3) On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.
> (4) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.
> (5) In this section “the court” means—
> (5) In this section “*the court*” means—
> (a) the High Court, or
> (b) in Scotland, the Court of Session.
> (82N)
@@ -9677,50 +9713,54 @@
> (3) The Secretary of State may make regulations about—
> (a) the powers and duties of inspectors appointed under this section;
> (b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part;
> (c) the facilities and assistance to be accorded to persons mentioned in paragraph [(a)](#p01111) or [(b)](#p01112).
> (4) The powers conferred by virtue of subsection [(3)](#p01110) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc).
> (c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).
> (4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc).
> (5) Any regulations under this section may provide for the creation of offences which are punishable—
> (a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and
> (b) on conviction on indictment, by a fine.
> (82O)
> (1) Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
> (2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence.
> (3) In this section “relevant offence” means—
> (3) In this section “*relevant offence*” means—
> (a) an offence under this Part, or
> (b) an offence created by regulations under section [82N](#p01109).
> (b) an offence created by regulations under section 82N.
> (82P)
> (1) The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region.
> (2) The operations must be operations—
> (a) which either fall within section [82A](#p01060)[(4)](#p01065) or are carried on in the course of taking installation abandonment measures (or both),
> (a) which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both),
> (b) which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and
> (c) which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger.
> (3) The reference in subsection [(1)](#p01114) to “the Scottish inshore region” includes a reference to—
> (3) The reference in subsection (1) to “*the Scottish inshore region*” includes a reference to—
> (a) the shore adjoining that region, and
> (b) any land in Scotland adjoining or adjacent to that shore.
> (4) If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures—
> (a) section [82A](#p01060)[(3)](#p01063)[(c)](#p01064) does not apply in relation to the operation, but
> (b) paragraph [(a)](#p01116) is subject to any different modification or other provision to the contrary made by an order under this section.
> (a) section 82A(3)(c) does not apply in relation to the operation, but
> (b) paragraph (a) is subject to any different modification or other provision to the contrary made by an order under this section.
> (5) For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of—
> (a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998, or
> (b) a carbon storage installation, within the meaning of section 30 of this Act,
> whether or not the measures are taken in pursuance of an abandonment programme.
> (6) In subsection [(5)](#p01117) “abandonment programme” means—
> (6) In subsection (5) “*abandonment programme*” means—
> (a) an abandonment programme under Part 4 of the Petroleum Act 1998;
> (b) an abandonment programme under that Part, as it applies by virtue of section 30 of this Act.
> (7) In this section “specified” means specified in the order.
> (7) In this section “*specified*” means specified in the order.
> (82Q) In this Part—
> - “authorised exploration or exploitation operation” has the meaning given by section [82A](#p01060)[(8)](#p01072);
> - “consent holder” means the person to whom a consent under section [82A](#p01060) is given;
> - “emergency safety notice” is to be read in accordance with section [82F](#p01088)[(3)](#p01090);
> - “immediate action notice” is to be read in accordance with section [82H](#p01101)[(3)](#p01103);
> - “regulated zone” means the area that consists of— the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and the area of sea within the limits of the UK sector of the continental shelf, and includes the bed and subsoil of the sea within those areas, the shore adjoining, and any land adjoining or adjacent to that shore, but does not include any land in Scotland;
> - “Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);
> - “sea” includes— any tidal waters; and any land covered with water at mean high water spring tide;
> - “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964.
> - “*authorised exploration or exploitation operation*” has the meaning given by section 82A(8);
> - “*consent holder*” means the person to whom a consent under section 82A is given;
> - “*emergency safety notice*” is to be read in accordance with section 82F(3);
> - “*immediate action notice*” is to be read in accordance with section 82H(3);
> - “*regulated zone*” means the area that consists of—
> 1. the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and
> 2. the area of sea within the limits of the UK sector of the continental shelf,
> - “*Scottish inshore region*” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);
> - “*sea*” includes—
> 1. any tidal waters; and
> 2. any land covered with water at mean high water spring tide;
> - “*UK sector of the continental shelf*” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964.
.
- (2) In section 105(2)(a) of the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32) (instruments requiring draft affirmative procedure) after sub-paragraph (v) insert—
- (2) In section 105(2)(a) of the Energy Act 2008 (c. 32) (instruments requiring draft affirmative procedure) after sub-paragraph (v) insert—
> (va) section 82N (power to make regulations in relation to persons appointed as inspectors etc),
> (vb) section 82P (power to extend application of Part 4A),
@@ -9733,7 +9773,7 @@
##### 315
Schedule 21 (which contains amendments of the [Harbours Act 1964 (c. 40)](https://www.legislation.gov.uk/ukpga/1964/40)) has effect.
Schedule 21 (which contains amendments of the Harbours Act 1964 (c. 40)) has effect.
## Part 11 — Supplementary provisions
@@ -9747,23 +9787,23 @@
- (b) power to make incidental, consequential, supplemental or transitional provision or savings.
- (2) The power conferred by subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/1/b/enacted) includes power, for the purpose of making any such provision or savings, to amend any primary or secondary legislation passed or made before, or in the same Session as, this Act.
- (2) The power conferred by subsection (1)(b) includes power, for the purpose of making any such provision or savings, to amend any primary or secondary legislation passed or made before, or in the same Session as, this Act.
- (3) Any power conferred by this Act on the Secretary of State, the Scottish Ministers or the Welsh Ministers to make regulations or an order is exercisable by statutory instrument.
- (4) Subsections [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/2/enacted) and [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/3/enacted) do not apply to—
- (4) Subsections (2) and (3) do not apply to—
- (a) an order made under any of sections 116 to 137 (orders made for the purpose of designating, or furthering the objectives of, MCZs);
- (b) an order made under section 159 (orders amending or revoking byelaws made by IFC authorities).
- (5) Any regulations or order made under this Act by a Northern Ireland department are to be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ([S.I. 1979/1513 (N.I. 12)](https://www.legislation.gov.uk/nisi/1979/1513)).
- (5) Any regulations or order made under this Act by a Northern Ireland department are to be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1513 (N.I. 12)).
- (6) A statutory instrument or statutory rule which contains (whether alone or with other provisions)—
- (a) any regulation or order which by virtue of subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/2/enacted) or section 188(2)(d) makes provision amending primary legislation, or
- (b) any regulation or order under any of the provisions specified in subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/7/enacted),
- (a) any regulation or order which by virtue of subsection (2) or section 188(2)(d) makes provision amending primary legislation, or
- (b) any regulation or order under any of the provisions specified in subsection (7),
is subject to draft affirmative procedure.
@@ -9797,21 +9837,21 @@
is subject to negative resolution procedure.
- (9) Subsection [(8)](https://www.legislation.gov.uk/ukpga/2009/23/section/316/8/enacted) does not apply to a statutory instrument containing only orders under section 324 (commencement orders).
- (9) Subsection (8) does not apply to a statutory instrument containing only orders under section 324 (commencement orders).
- (10) In this Act—
- “draft affirmative procedure” means— in relation to any Order in Council, or any statutory instrument made by the Secretary of State, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament; in relation to any statutory instrument made by the Scottish Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament; in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales; in relation to any statutory rule made by a Northern Ireland department, a requirement that a draft of the rule be laid before, and approved by a resolution of, the Northern Ireland Assembly;
- “negative resolution procedure” means— in relation to any Order in Council, or any statutory instrument made by the Secretary of State, annulment in pursuance of a resolution of either House of Parliament; in relation to any statutory instrument made by the Scottish Ministers, annulment in pursuance of a resolution of the Scottish Parliament; in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales; in relation to any statutory rule made by a Northern Ireland department, negative resolution within the meaning of section 41(6) of the [Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.)](https://www.legislation.gov.uk/apni/1954/33).
- “*draft affirmative procedure*” means—in relation to any Order in Council, or any statutory instrument made by the Secretary of State, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;in relation to any statutory instrument made by the Scottish Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament;in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;in relation to any statutory rule made by a Northern Ireland department, a requirement that a draft of the rule be laid before, and approved by a resolution of, the Northern Ireland Assembly;
- “*negative resolution procedure*” means—in relation to any Order in Council, or any statutory instrument made by the Secretary of State, annulment in pursuance of a resolution of either House of Parliament;in relation to any statutory instrument made by the Scottish Ministers, annulment in pursuance of a resolution of the Scottish Parliament;in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales;in relation to any statutory rule made by a Northern Ireland department, negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).
- (11) In this section—
- “Commons draft affirmative procedure” means, in relation to any statutory instrument, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons;
- “primary legislation” means— an Act of Parliament; an Act of the Scottish Parliament; a Measure of the National Assembly for Wales; Northern Ireland legislation;
- “secondary legislation” means subordinate legislation or any other instrument made under primary legislation.
- “*Commons draft affirmative procedure*” means, in relation to any statutory instrument, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons;
- “*primary legislation*” means—an Act of Parliament;an Act of the Scottish Parliament;a Measure of the National Assembly for Wales;Northern Ireland legislation;
- “*secondary legislation*” means subordinate legislation or any other instrument made under primary legislation.
#### Directions
@@ -9853,7 +9893,7 @@
##### 319
Section 3 of the [Territorial Waters Jurisdiction Act 1878 (c. 73)](https://www.legislation.gov.uk/ukpga/1878/73) (consents to prosecutions of offences committed on the open sea by persons who are not British citizens) does not apply to any proceedings for an offence under this Act.
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecutions of offences committed on the open sea by persons who are not British citizens) does not apply to any proceedings for an offence under this Act.
#### Power to make transitional provisions and savings
@@ -9861,7 +9901,7 @@
- (1) The Secretary of State may by order make such transitional provision or savings as the Secretary of State considers necessary or expedient in consequence of any provisions of this Act.
- (2) The power conferred by subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/320/1/enacted) includes power to make provision in addition to, or different from, that made by this Act.
- (2) The power conferred by subsection (1) includes power to make provision in addition to, or different from, that made by this Act.
#### Repeals
@@ -9875,119 +9915,119 @@
- (1) In this Act—
- “baseline” means the baseline from which the breadth of the territorial sea is measured;
- “British fishery limits” has the meaning given by section 1 of the [Fishery Limits Act 1976 (c. 86)](https://www.legislation.gov.uk/ukpga/1976/86);
- “draft affirmative procedure” has the meaning given in section 316;
- “English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;
- “English offshore region” means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following— the Scottish offshore region; the Welsh offshore region; the Northern Ireland offshore region;
- “exclusive economic zone” means any area for the time being designated by an Order in Council under section 41(3);
- “financial year” means any period of twelve months ending with 31st March (except where the context otherwise requires);
- “general objective”, in relation to the MMO, is to be read in accordance with section 2(1);
- “marine policy statement” is to be construed in accordance with sections 44 and 47;
- “Minister of the Crown” has the same meaning as in the [Ministers of the Crown Act 1975 (c. 26)](https://www.legislation.gov.uk/ukpga/1975/26);
- “the MMO” means the Marine Management Organisation;
- “MPS” means a marine policy statement;
- “nautical mile” means an international nautical mile of 1,852 metres;
- “negative resolution procedure” has the meaning given in section 316;
- “Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
- “Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
- “Northern Ireland zone” has the same meaning as in the [Northern Ireland Act 1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47) (see section 98(1) and (8) of that Act);
- “notice” means notice in writing;
- “public authority” means any of the following— a Minister of the Crown; a public body; a public office holder;
- “public body” includes— a government department; a Northern Ireland department; a local authority (see subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/2/enacted)); a local planning authority; a statutory undertaker (see subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/2/enacted));
- “public office holder” means a person holding any of the following offices— an office under the Crown; an office created or continued in existence by a public general Act or by devolved legislation (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/3/enacted)); an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/3/enacted));
- “renewable energy zone” means any area for the time being designated by an Order in Council under section 84(4) of the [Energy Act 2004 (c. 20)](https://www.legislation.gov.uk/ukpga/2004/20);
- “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
- “Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of— areas of sea which lie within the Scottish zone, and areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;
- “Scottish zone” has the same meaning as in the [Scotland Act 1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46) (see section 126(1) and (2) of that Act);
- “*baseline*” means the baseline from which the breadth of the territorial sea is measured;
- “*British fishery limits*” has the meaning given by section 1 of the Fishery Limits Act 1976 (c. 86);
- “*draft affirmative procedure*” has the meaning given in section 316;
- “*English inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to England;
- “*English offshore region*” means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following—the Scottish offshore region;the Welsh offshore region;the Northern Ireland offshore region;
- “*exclusive economic zone*” means any area for the time being designated by an Order in Council under section 41(3);
- “*financial year*” means any period of twelve months ending with 31st March (except where the context otherwise requires);
- “*general objective*”, in relation to the MMO, is to be read in accordance with section 2(1);
- “*marine policy statement*” is to be construed in accordance with sections 44 and 47;
- “*Minister of the Crown*” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
- “*the MMO*” means the Marine Management Organisation;
- “*MPS*” means a marine policy statement;
- “*nautical mile*” means an international nautical mile of 1,852 metres;
- “*negative resolution procedure*” has the meaning given in section 316;
- “*Northern Ireland inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
- “*Northern Ireland offshore region*” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
- “*Northern Ireland zone*” has the same meaning as in the Northern Ireland Act 1998 (c. 47) (see section 98(1) and (8) of that Act);
- “*notice*” means notice in writing;
- “*public authority*” means any of the following—a Minister of the Crown;a public body;a public office holder;
- “*public body*” includes—a government department;a Northern Ireland department;a local authority (see subsection (2));a local planning authority;a statutory undertaker (see subsection (2));
- “*public office holder*” means a person holding any of the following offices—an office under the Crown;an office created or continued in existence by a public general Act or by devolved legislation (see subsection (3));an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature (see subsection (3));
- “*renewable energy zone*” means any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);
- “*Scottish inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
- “*Scottish offshore region*” means so much of the UK marine area as lies outside the Scottish inshore region and consists of—areas of sea which lie within the Scottish zone, andareas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;
- “*Scottish zone*” has the same meaning as in the Scotland Act 1998 (c. 46) (see section 126(1) and (2) of that Act);
- “sea”, except in Part 9 (coastal access), is to be read in accordance with section 42(3) and (4);
- “subordinate legislation” has the same meaning as in the [Interpretation Act 1978 (c. 30)](https://www.legislation.gov.uk/ukpga/1978/30) (see section 21 of that Act);
- “territorial sea” means the territorial sea of the United Kingdom;
- “UK marine area” has the meaning given by section 42;
- “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the [Continental Shelf Act 1964 (c. 29)](https://www.legislation.gov.uk/ukpga/1964/29);
- “Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;
- “Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;
- “Welsh zone” has the same meaning as in the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) (see section 158(1) and (3) of that Act).
- (2) In the definition of “public body” in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/1/enacted)—
- “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)](https://www.legislation.gov.uk/ukpga/1994/39); 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)](https://www.legislation.gov.uk/ukpga/1990/8); Part 10 of the [Town and Country Planning (Scotland) Act 1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8); the Planning (Northern Ireland) Order 1991 ([S.I. 1991/1220 (N.I. 11)](https://www.legislation.gov.uk/nisi/1991/1220)).
- (3) For the purposes of the definition of “public office holder” in subsection [(1)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/1/enacted)—
- “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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/5/enacted) applies to the question of which waters, or parts of the sea, of any particular description—
- “*subordinate legislation*” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21 of that Act);
- “*territorial sea*” means the territorial sea of the United Kingdom;
- “*UK marine area*” has the meaning given by section 42;
- “*UK sector of the continental shelf*” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c. 29);
- “*Welsh inshore region*” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;
- “*Welsh offshore region*” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;
- “*Welsh zone*” has the same meaning as in the Government of Wales Act 2006 (c. 32) (see section 158(1) and (3) of that Act).
- (2) In the definition of “public body” in subsection (1)—
- “*local authority*” means—in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Scotland, a council for any local government area constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994 (c. 39);in relation to Wales, a county council, a county borough council or a community council;in relation to Northern Ireland, a district council;
- “*statutory undertaker*” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of any of the following—Part 11 of the Town and Country Planning Act 1990 (c. 8);Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8);the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)).
- (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)](https://www.legislation.gov.uk/ukpga/1998/47) if, or to the extent that, the Order in Council is expressed to apply—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/5/a/enacted), for the general or residual purposes of that Act.
- (6) Subsection [(7)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/7/enacted) applies to the question of which waters, or parts of the sea, of any particular description—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/5/enacted)) 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)](https://www.legislation.gov.uk/ukpga/2006/32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/7/a/enacted), for the general or residual purposes of that Act.
- (8) Subsection [(9)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/9/enacted) applies to the question of which waters, or parts of the sea, of any particular description—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/4/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/5/enacted)) 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)](https://www.legislation.gov.uk/ukpga/1998/46) if, or to the extent that, the Order in Council is expressed to apply—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/322/9/a/enacted), for the general or residual purposes of that Act.
- (b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
#### Extent
@@ -9999,7 +10039,7 @@
- (a) Part 1 (the MMO);
- (b) Part 2 (exclusive economic zone, UK marine area and Welsh zone), other than paragraph [2](https://www.legislation.gov.uk/ukpga/2009/23/schedule/4/paragraph/2/enacted) of Schedule 4;
- (b) Part 2 (exclusive economic zone, UK marine area and Welsh zone), other than paragraph 2 of Schedule 4;
- (c) Chapter 3 of Part 7 (migratory and freshwater fish);
@@ -10013,17 +10053,17 @@
- (ii) section 313 (Countryside Council for Wales);
- (iii) section 314 (which inserts Part 4A into the [Energy Act 2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32));
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/2/enacted)—
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/3/a/enacted) is subject to any provision in the notes in that Schedule.
- (4) Subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/2/enacted), the following provisions also extend to Scotland—
- (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);
@@ -10045,9 +10085,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/3/enacted)).
- (5) Subject to subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/2/enacted), the following provisions also extend to Northern Ireland—
- (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);
@@ -10061,15 +10101,15 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2009/23/section/323/3/enacted)).
- (6) The amendments and repeals made by this Act to provisions of the [Food and Environment Protection Act 1985 (c. 48)](https://www.legislation.gov.uk/ukpga/1985/48) do not extend to any of the Channel Islands or any British overseas territory.
- (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](https://www.legislation.gov.uk/ukpga/1985/48) (deposits in the sea etc) as they have effect as part of the law of that territory.
- (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—
@@ -10081,11 +10121,11 @@
- (d) St Helena and Dependencies.
- (9) In section 24 of the [Sea Fish (Conservation) Act 1967 (c. 84)](https://www.legislation.gov.uk/ukpga/1967/84) (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.
- (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)](https://www.legislation.gov.uk/ukpga/1976/86)),
- (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
@@ -10109,7 +10149,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2006/32) by virtue of the amendments made by section 43 and paragraph [6](https://www.legislation.gov.uk/ukpga/2009/23/schedule/4/paragraph/6/enacted) of Schedule 4 (Welsh zone).
- (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—
@@ -10125,13 +10165,13 @@
- (d) Part 9 (coastal access).
- (3) Subject to subsection [(4)](https://www.legislation.gov.uk/ukpga/2009/23/section/324/4/enacted), the other provisions of this Act come into force on an appointed day.
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/324/5/enacted) is exercisable by the Welsh Ministers (and not the Secretary of State) in relation to the following provisions—
- (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—
@@ -10145,15 +10185,15 @@
- (c) so far as relating to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales—
- (i) in Part 6, section 187 (repeal of the [Sea Fisheries Regulation Act 1966 (c. 38)](https://www.legislation.gov.uk/ukpga/1966/38));
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/324/5/enacted) may appoint different days for different purposes.
- (8) In this section “Wales” includes the Welsh inshore region.
- (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
@@ -10217,7 +10257,7 @@
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
- (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.
@@ -10225,9 +10265,9 @@
##### 6
- (1) The Secretary of State may by order amend paragraph [3(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/3/1/enacted) 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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/6/1/enacted) must not amend paragraph [3(1)(b)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/3/1/b/enacted) so that it provides that there may be fewer than 5 ordinary members.
- (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
@@ -10241,9 +10281,9 @@
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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/7/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/7/2/enacted) are subject to paragraphs [3(3)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/3/3/enacted) and [8](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/8/enacted) to [10](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/10/enacted).
- (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.
@@ -10271,19 +10311,19 @@
- (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)](https://www.legislation.gov.uk/asp/2002/17) as the debtor or has, under Scots law, granted a trust deed for 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)](https://www.legislation.gov.uk/ukpga/1974/53),
- (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.
- (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
@@ -10297,7 +10337,7 @@
- (c) ordinary member,
is not by reason of that cessation prevented from subsequently being re-appointed to that office (or, in the case of paragraph [(a)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/10/a/enacted) or [(c)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/10/c/enacted), from subsequently becoming a member again).
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
@@ -10347,7 +10387,7 @@
- (2) The chief scientific adviser is an employee of the MMO.
- (3) The MMO may only make an appointment under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/15/1/enacted) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph [17](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/17/enacted) or [18](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/18/enacted).
- (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
@@ -10355,7 +10395,7 @@
- (1) The MMO may appoint other employees.
- (2) The MMO may only make an appointment under sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/16/1/enacted) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph [17](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/17/enacted) or [18](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/18/enacted).
- (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
@@ -10363,7 +10403,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/17/1/enacted) with the approval of the Secretary of State.
- (2) The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.
#### Staff pensions etc
@@ -10375,17 +10415,17 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/18/1/enacted) with the approval of the Secretary of State.
- (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)](https://www.legislation.gov.uk/ukpga/1972/11) can apply.
- (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.
> 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.
@@ -10403,11 +10443,11 @@
##### 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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/21/1/enacted).
- (3) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/21/1/enacted) does not—
- (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
@@ -10425,7 +10465,7 @@
- (b) is not a member of the MMO.
- (3) The MMO may only make a determination under sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/22/2/enacted) with the approval of the Secretary of State.
- (3) The MMO may only make a determination under sub-paragraph (2) with the approval of the Secretary of State.
#### Validity of proceedings
@@ -10437,13 +10477,13 @@
- (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.
- (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—
- (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
@@ -10475,7 +10515,7 @@
- (3) The Secretary of State must lay a copy of the report before each House of Parliament.
- (4) In this paragraph “financial year” means—
- (4) In this paragraph “*financial year*” means—
- (a) the period that—
@@ -10501,13 +10541,13 @@
- (b) the Comptroller and Auditor General.
- (5) In this paragraph “financial year” has the same meaning as in paragraph [26](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/26/enacted).
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/27/enacted), the MMO has sent a copy of a statement of accounts to the Comptroller and Auditor General.
- (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—
@@ -10529,11 +10569,11 @@
as the Secretary of State may require.
- (2) Sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/1/paragraph/29/1/enacted) 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.
- (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—
@@ -10549,7 +10589,7 @@
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.
> The Marine Management Organisation.
#### Parliamentary Commissioner Act 1967 (c. 13)
@@ -10557,7 +10597,7 @@
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place—
> - The Marine Management Organisation.
> The Marine Management Organisation.
#### House of Commons Disqualification Act 1975 (c. 24)
@@ -10565,15 +10605,15 @@
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.
> 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.
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)
@@ -10581,7 +10621,7 @@
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.
> The Marine Management Organisation.
#### Freedom of Information Act 2000 (c. 36)
@@ -10589,7 +10629,7 @@
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.
> The Marine Management Organisation.
## Schedule 3
@@ -10599,9 +10639,9 @@
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.
- “*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
@@ -10619,7 +10659,7 @@
as there would be (apart from this sub-paragraph) by reason of an inhibiting provision.
- (3) For the purposes of sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/3/paragraph/2/2/enacted) 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.
- (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
@@ -10665,7 +10705,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/3/paragraph/6/enacted).
- (5) This paragraph is subject to paragraph 6.
#### Employee expressing objection to transfer of contract of employment
@@ -10675,7 +10715,7 @@
- (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
- (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.
@@ -10683,7 +10723,7 @@
##### 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.
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
@@ -10697,9 +10737,9 @@
- (b) the terms of that employment are to be regarded as constituting the terms of that contract, and
- (c) the reference in paragraph [6](https://www.legislation.gov.uk/ukpga/2009/23/schedule/3/paragraph/6/enacted) 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.
- (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
@@ -10797,15 +10837,15 @@
##### 1
- (1) Section 8 of the [Continental Shelf Act 1964 (c. 29)](https://www.legislation.gov.uk/ukpga/1964/29) (application of the [Submarine Telegraph Act 1885 (c. 49)](https://www.legislation.gov.uk/ukpga/1885/49) 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).”.
- (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)](https://www.legislation.gov.uk/ukpga/1976/86) (British fishery limits) is amended as follows.
- (1) Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is amended as follows.
- (2) For subsection (1) substitute—
@@ -10815,7 +10855,7 @@
- (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](https://www.legislation.gov.uk/ukpga/1976/86) (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.
- (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—
@@ -10827,9 +10867,9 @@
##### 3
- (1) Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 ([S.I. 1996/282](https://www.legislation.gov.uk/uksi/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)”.
- (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—
@@ -10843,7 +10883,7 @@
##### 4
- (1) Section 84 of the [Energy Act 2004 (c. 20)](https://www.legislation.gov.uk/ukpga/2004/20) (exploitation of areas outside the territorial sea for energy production) is amended as follows.
- (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—
@@ -10857,7 +10897,7 @@
##### 5
- (1) The Energy Act [2008 (c. 32)](https://www.legislation.gov.uk/ukpga/2008/32) is amended as follows.
- (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—
@@ -10869,9 +10909,7 @@
- (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);
.
“ “*Gas Importation and Storage Zone*” is to be read in accordance with section 1(5);”.
## Part 2 — Welsh zone
@@ -10879,32 +10917,32 @@
##### 6
- (1) The [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) 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”.
- (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
- (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
- (c) after subsection (1) insert—
> (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)](#p01204) 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).
> (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 Community 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) (Community 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”.
- (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) (Community 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—
@@ -10927,15 +10965,15 @@
- (1) In this Schedule—
- “consultation draft” is to be read in accordance with paragraph [8](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/8/enacted);
- “the final text” means that draft of the relevant document which is adopted by the relevant authorities and published by them under paragraph [12](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/12/enacted) as the relevant document;
- “the relevant authorities” means the policy authorities that publish the relevant document;
- “relevant document” means— an MPS, or amendments of an MPS;
- “SPP” means a statement of public participation under paragraph [4](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/4/enacted).
- “*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—
@@ -10965,7 +11003,7 @@
- (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—
- (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
@@ -10981,23 +11019,23 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/8/enacted) (including the carrying out of the sustainability appraisal under paragraph [7](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/7/enacted));
- (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;
- (c) the consideration of representations under paragraph [9](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/9/enacted) and the settling of the final text;
- (c) the consideration of representations under paragraph 9 and the settling of the final text;
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/9/enacted) about the consultation draft, including provision about—
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/10/enacted) (resolution or recommendations by appropriate legislative body or committee).
- (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
@@ -11021,7 +11059,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/8/enacted).
- (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
@@ -11033,7 +11071,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/8/3/enacted) “interested persons” means—
- (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
@@ -11073,19 +11111,19 @@
- (b) an appropriate legislative committee makes recommendations with regard to the consultation draft,
sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/10/5/enacted) 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.
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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/10/2/enacted).
- (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.
- “*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
@@ -11127,7 +11165,7 @@
- (b) does not adopt the final text,
sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/5/paragraph/13/2/enacted) applies.
sub-paragraph (2) applies.
- (2) The participation of the policy authority in the preparation of the relevant document does not affect the validity of—
@@ -11157,21 +11195,21 @@
- (3) In this paragraph—
- “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)](https://www.legislation.gov.uk/ukpga/2004/5) (see section 37 of that Act), or a planning authority for the purposes of the [Town and Country Planning (Scotland) Act 1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8) (see section 1 of that Act);
- “responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).
- “*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 37 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);
- “*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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/1/2/a/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/2/2/enacted) or [(3)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/2/3/enacted).
- (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
@@ -11205,9 +11243,9 @@
- (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(2) to (4) of the [Planning and Compulsory Purchase Act 2004 (c. 5)](https://www.legislation.gov.uk/ukpga/2004/5); 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)](https://www.legislation.gov.uk/ukpga/1997/8);
- “the Wales Spatial Plan” means the Wales Spatial Plan under section 60 of the [Planning and Compulsory Purchase Act 2004](https://www.legislation.gov.uk/ukpga/2004/5).
- “development plan”—in the case of an area in England or Wales, is to be read in accordance with section 38(2) 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);
- “*the Wales Spatial Plan*” means the Wales Spatial Plan under section 60 of the Planning and Compulsory Purchase Act 2004.
#### Consultation in Northern Ireland
@@ -11215,9 +11253,9 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/11/enacted), and
- (b) during the settling of the text of the plan for adoption and publication under paragraph [15](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted).
- (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.
@@ -11243,7 +11281,7 @@
- (7) The marine plan authority must take all reasonable steps to comply with the SPP.
- (8) In this paragraph “interested persons” means—
- (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
@@ -11257,11 +11295,11 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/11/enacted) (including the carrying out of the sustainability appraisal under paragraph [10](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/10/enacted));
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted);
- (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.
@@ -11269,11 +11307,11 @@
- (4) An SPP must include provision about the making of—
- (a) representations, in response to the invitation issued under paragraph [5](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/enacted)[(5)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/5/enacted), about the matters to be included in the proposed marine plan, and
- (b) representations under paragraph [12](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/12/enacted) about the consultation draft.
- (5) The provision to be made under sub-paragraph [(4)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/6/4/enacted) includes provision about—
- (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
@@ -11295,7 +11333,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/7/3/enacted), the revised SPP may be published only with the agreement of the Secretary of State.
- (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.
@@ -11313,19 +11351,19 @@
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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/9/2/enacted).
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/section/51/6/enacted) 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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/1/enacted) and [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/2/enacted) with respect to securing compatibility with marine plans or Planning Act plans for areas which are related to the marine plan area,
- (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 Planning Act 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;
@@ -11333,13 +11371,13 @@
- (e) the SPP,
- (f) any representations made in response to the invitation issued pursuant to sub-paragraph [(5)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/5/enacted) of paragraph [5](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/enacted),
- (g) any advice received under paragraph [8](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/8/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/8/1/enacted),
- (h) any plan (not falling within paragraph [3](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/enacted)[(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/3/2/enacted)) 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)](https://www.legislation.gov.uk/ukpga/1961/55),
- (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.
@@ -11361,7 +11399,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/11/enacted).
- (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
@@ -11375,7 +11413,7 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/enacted).
- (5) In this paragraph “*interested persons*” has the same meaning as in paragraph 5.
#### Representations about the consultation draft
@@ -11385,21 +11423,21 @@
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted).
- (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](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/11/enacted) must consider appointing an independent person to investigate the proposals contained in that draft and to report on them.
- (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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/5/5/enacted),
- (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,
- (c) the extent to which matters raised by representations falling within paragraph [(b)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/13/2/b/enacted) have not been resolved,
- (c) the extent to which matters raised by representations falling within paragraph (b) have not been resolved,
and such other matters as the marine plan authority considers relevant.
@@ -11415,9 +11453,9 @@
##### 14
A marine plan authority settling the text of a marine plan for adoption and publication under paragraph [15](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/enacted) must have regard to—
- (a) any recommendations made by any person appointed under paragraph [13](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/13/enacted),
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,
@@ -11431,11 +11469,11 @@
- (2) A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.
- (3) Sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/2/enacted) 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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/2/enacted) 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)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/15/4/enacted) “devolved authority” means—
- (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;
@@ -11455,7 +11493,7 @@
- (b) the reasons for those modifications,
- (c) if any recommendations made by any independent person appointed under paragraph [13](https://www.legislation.gov.uk/ukpga/2009/23/schedule/6/paragraph/13/enacted) have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.
- (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
@@ -11463,7 +11501,7 @@
##### 1
In this Schedule “civil sanction” means a fixed monetary penalty or a variable monetary penalty.
In this Schedule “*civil sanction*” means a fixed monetary penalty or a variable monetary penalty.
#### Fixed monetary penalties: other sanctions
@@ -11579,9 +11617,9 @@
- (2) In sub-paragraph (1)(b)—
- “enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- “tribunal” does not include an ordinary court of law.
- “*enactment*” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- “*tribunal*” does not include an ordinary court of law.
- (3) An order under section 93 or 95 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—
@@ -11707,7 +11745,7 @@
the authority must pay it into the relevant Fund.
- (2) In sub-paragraph (1) “the relevant Fund” means—
- (2) In sub-paragraph (1) “*the relevant Fund*” means—
- (a) in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;
@@ -11747,9 +11785,9 @@
- (5) Nothing in this paragraph authorises the making of a disclosure in contravention of—
- (a) the [Data Protection Act 1998 (c. 29)](https://www.legislation.gov.uk/ukpga/1998/29), or
- (b) Part 1 of the [Regulation of Investigatory Powers Act 2000 (c. 23)](https://www.legislation.gov.uk/ukpga/2000/23).
- (a) the Data Protection Act 1998 (c. 29), or
- (b) Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
- (5) This paragraph does not affect a power to disclose which exists apart from this paragraph.
@@ -11761,57 +11799,57 @@
##### 1
- (1) The [Coast Protection Act 1949 (c. 74)](https://www.legislation.gov.uk/ukpga/1949/74) is amended as follows.
- (1) The Coast Protection Act 1949 (c. 74) is amended as follows.
- (2) Omit Part 2 (provisions for safety of navigation).
- (3) In section 49(1) (interpretation), in the definitions of “sea” and “seashore”, for “subsections (2) and (2A)” substitute “subsection (2)”.
- (3) In section 49(1) (interpretation), in the definitions of “sea” and “seashore”, for “subsections (2) and (2A)” substitute “ subsection (2) ”.
#### The Food and Environment Protection Act 1985
##### 2
- (1) The [Food and Environment Protection Act 1985 (c. 48)](https://www.legislation.gov.uk/ukpga/1985/48) is amended as follows.
- (1) The Food and Environment Protection Act 1985 (c. 48) is amended as follows.
- (2) In section 5 (requirement for licences)—
- (a) in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “the Scottish inshore region”;
- (a) in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
- (b) omit paragraph (b);
- (c) in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “the Scottish inshore region”;
- (c) in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
- (d) omit paragraph (e)(ii) and the preceding “or”;
- (e) in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “Scotland or the Scottish inshore region”;
- (f) in paragraph (g), for “the United Kingdom” substitute “Scotland”;
- (g) in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “Scotland or the Scottish inshore region”.
- (e) in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”;
- (f) in paragraph (g), for “the United Kingdom” substitute “ Scotland ”;
- (g) in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.
- (3) In section 6(1) (requirements for licences for incineration at sea etc)—
- (a) in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “the Scottish inshore region”;
- (a) in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
- (b) omit paragraph (a)(ii) and the preceding “or”;
- (c) in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “Scotland or the Scottish inshore region”.
- (c) in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.
- (4) In section 7A (exclusion of Part 2 for certain purposes)—
- (a) in subsection (4), for paragraphs (a) and (b) substitute “the Scottish inshore region.”;
- (a) in subsection (4), for paragraphs (a) and (b) substitute “ the Scottish inshore region. ”;
- (b) omit subsection (5).
- (5) In section 8 (licences)—
- (a) in subsection (4)(b), for “United Kingdom waters” substitute “the Scottish inshore region”;
- (a) in subsection (4)(b), for “United Kingdom waters” substitute “ the Scottish inshore region ”;
- (b) in subsection (6), omit “evidence, and in Scotland”.
- (6) In section 9 (licensing offences)—
- (a) in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “, (4)”;
- (a) in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “ , (4) ”;
- (b) omit subsections (5) to (7).
@@ -11819,7 +11857,7 @@
- (a) in subsection (2)—
- (i) in paragraph (a), for “the United Kingdom” substitute “Scotland”;
- (i) in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;
- (ii) for paragraphs (b) and (c) substitute—
@@ -11827,7 +11865,7 @@
;
- (b) in subsection (3), for paragraphs (a) and (b) substitute “any vessel within the Scottish inshore region”.
- (b) in subsection (3), for paragraphs (a) and (b) substitute “ any vessel within the Scottish inshore region ”.
- (8) In section 21 (offences) omit subsection (8).
@@ -11841,15 +11879,15 @@
- (i) omit paragraph (a);
- (ii) in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “waters within the Scottish inshore region”;
- (iii) in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “the Scottish inshore region”;
- (ii) in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “ waters within the Scottish inshore region ”;
- (iii) in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “ the Scottish inshore region ”;
- (iv) in paragraph (b)(iii), omit “and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately”;
- (d) after the definition of “plants” insert—
> - “Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);
> “*Scottish inshore region*” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);
;
@@ -11859,11 +11897,11 @@
##### 3
- (1) In Schedule 3 to the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32) (transfer etc of functions: further provisions) paragraph 4 (power to direct that certain functions exercisable by a Minister of the Crown are exercisable in relation to Welsh controlled waters only after consultation with the Welsh Ministers) is amended as follows.
- (1) In Schedule 3 to the Government of Wales Act 2006 (c. 32) (transfer etc of functions: further provisions) paragraph 4 (power to direct that certain functions exercisable by a Minister of the Crown are exercisable in relation to Welsh controlled waters only after consultation with the Welsh Ministers) is amended as follows.
- (2) In sub-paragraph (1) (which extends the power conferred by section 58(1)(c) of that Act and specifies the enactments to which it applies)—
- (a) omit paragraph (a) (Part 2 of the [Food and Environment Protection Act 1985 (c. 48)](https://www.legislation.gov.uk/ukpga/1985/48)), and
- (a) omit paragraph (a) (Part 2 of the Food and Environment Protection Act 1985 (c. 48)), and
- (b) after paragraph (b) insert—
@@ -11887,12 +11925,12 @@
##### 4
- (1) The [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29) is amended as follows.
- (1) The Planning Act 2008 (c. 29) is amended as follows.
- (2) After section 149 insert—
> (149A)
> (1) An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/8/paragraph/4/2/enacted).
> (1) An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).
> (2) The areas are—
> (a) England,
> (b) waters adjacent to England up to the seaward limits of the territorial sea,
@@ -11907,9 +11945,9 @@
.
- (3) In section 161 (breach of terms of order granting development consent), in subsection (2), for “sections 148(4) and 149(4)” substitute “section 149A(4)”.
- (4) In Schedule 4, in paragraph 1(11) (power to correct certain errors or omissions in development consent decisions) for the words from “any of paragraphs” to the end of the sub-paragraph substitute “paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).”.
- (3) In section 161 (breach of terms of order granting development consent), in subsection (2), for “sections 148(4) and 149(4)” substitute “ section 149A(4) ”.
- (4) In Schedule 4, in paragraph 1(11) (power to correct certain errors or omissions in development consent decisions) for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.
- (5) In Schedule 5 (provision relating to, or to matters ancillary to, development) after paragraph 30 insert—
@@ -11924,13 +11962,13 @@
- (b) paragraph 5(6) (power to change or revoke development consent order not to apply in relation to deemed consents and licences),
for the words from “any of paragraphs” to the end of the sub-paragraph substitute “paragraph [30A](#p01257) or [30B](#p01258) of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009).”.
for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.
- (7) The following provisions cease to have effect—
- (a) section 148 (deemed consent under section 34 of the [Coast Protection Act 1949 (c. 74)](https://www.legislation.gov.uk/ukpga/1949/74)),
- (b) section 149 (deemed consent under Part 2 of the [Food and Environment Protection Act 1985 (c. 48)](https://www.legislation.gov.uk/ukpga/1985/48)),
- (a) section 148 (deemed consent under section 34 of the Coast Protection Act 1949 (c. 74)),
- (b) section 149 (deemed consent under Part 2 of the Food and Environment Protection Act 1985 (c. 48)),
- (c) in Schedule 5, paragraphs 27 to 30 (which relate to deemed consents).
@@ -11942,11 +11980,11 @@
##### 5
In the [Food and Environment Protection Act 1985](https://www.legislation.gov.uk/ukpga/1985/48) after section 8 (licences) insert—
In the Food and Environment Protection Act 1985 after section 8 (licences) insert—
> (8A)
> (1) The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.
> (2) For the purposes of subsection [(1)](#p01259) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
> (2) For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—
> (a) who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,
> (b) for any loss or damage sustained by those persons in consequence of the operation being carried out.
@@ -11956,16 +11994,16 @@
##### 6
- (1) Section 9 of the [Food and Environment Protection Act 1985](https://www.legislation.gov.uk/ukpga/1985/48) (offences relating to the licensing system) is amended as follows.
- (2) In subsection (1) (which is expressed to be subject to certain later subsections) in the words preceding paragraph (a), before “below” insert “and [(8)](#p01260)”.
- (1) Section 9 of the Food and Environment Protection Act 1985 (offences relating to the licensing system) is amended as follows.
- (2) In subsection (1) (which is expressed to be subject to certain later subsections) in the words preceding paragraph (a), before “below” insert “ and (8) ”.
- (3) After subsection (7) insert—
> (8) It shall be a defence for a person charged with an offence under subsection (1) in relation to any operation to prove that—
> (a) for the purposes of paragraph 23 of the electronic communications code (undertaker’s works), the person is the operator or a relevant undertaker, and
> (a) for the purposes of paragraph 23 of the electronic communications code (undertaker's works), the person is the operator or a relevant undertaker, and
> (b) the activity was carried out for the purpose of executing emergency works, within the meaning of that code.
> In this subsection “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984.
> In this subsection “*the electronic communications code*” means the code set out in Schedule 2 to the Telecommunications Act 1984.
.
@@ -11975,7 +12013,7 @@
##### 7
- (1) Section 24 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17) (application of Part 3) is amended as follows.
- (1) Section 24 of the Petroleum Act 1998 (c. 17) (application of Part 3) is amended as follows.
- (2) After subsection (2) insert—
@@ -11990,30 +12028,30 @@
> (3A) The Secretary of State may by order provide that specified provisions of this Part of this Act shall apply, subject to such modifications (if any) as are specified, in relation to a controlled pipeline—
> (a) which is specified or of a specified description, and
> (b) which meets the conditions in subsection [(3B)](#p01264).
> (b) which meets the conditions in subsection (3B).
> (3B) The conditions are—
> (a) that the pipeline is used in connection with exploration for, or exploitation of, petroleum, or the importation of petroleum into the United Kingdom;
> (b) that, by virtue of the date when construction of the pipeline was begun, section 14(1)(b) would not apply in relation to use of the pipeline but for an order under this subsection.
.
- (4) In subsection (5) (negative resolution procedure) after “an order under subsection (2)” insert “, [(2A)](#p01262) or [(3A)](#p01263)”.
- (5) Any authorisation issued under section 14(1)(b) of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17) (use of certain pipelines) continues to have effect notwithstanding the provisions of any order under section 24[(2A)](#p01262) of that Act.
- (6) Where an order under subsection [(3A)](#p01263) of section 24 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17) comes into force in relation to a pipeline, the Secretary of State must grant an authorisation under section 14(1)(b) of that Act in respect of the conveyance, on and after the day on which the order comes into force, of any substances for which the pipeline was normally used before the coming into force of the order.
- (7) Sub-paragraph [(6)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/8/paragraph/7/6/enacted) is without prejudice to the provision that may be included in the authorisation with respect to information to be provided by the owner of the pipeline.
- (4) In subsection (5) (negative resolution procedure) after “an order under subsection (2)” insert “ , (2A) or (3A) ”.
- (5) Any authorisation issued under section 14(1)(b) of the Petroleum Act 1998 (use of certain pipelines) continues to have effect notwithstanding the provisions of any order under section 24(2A) of that Act.
- (6) Where an order under subsection (3A) of section 24 of the Petroleum Act 1998 (c. 17) comes into force in relation to a pipeline, the Secretary of State must grant an authorisation under section 14(1)(b) of that Act in respect of the conveyance, on and after the day on which the order comes into force, of any substances for which the pipeline was normally used before the coming into force of the order.
- (7) Sub-paragraph (6) is without prejudice to the provision that may be included in the authorisation with respect to information to be provided by the owner of the pipeline.
#### Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4
##### 8
- (1) Section 45 of the [Petroleum Act 1998](https://www.legislation.gov.uk/ukpga/1998/17) (interpretation of Part 4) is amended as follows.
- (1) Section 45 of the Petroleum Act 1998 (interpretation of Part 4) is amended as follows.
- (2) In the definition of “submarine pipeline”, after the paragraphs, insert—
> but does not include any such pipeline which, by virtue of an order under subsection [(2A)](#p01262) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than that subsection).
> but does not include any such pipeline which, by virtue of an order under subsection (2A) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than that subsection).
.
@@ -12025,11 +12063,11 @@
In this Schedule—
- “the commencement date” means the date on which section 65 comes into force;
- “the CPA” means the [Coast Protection Act 1949 (c. 74)](https://www.legislation.gov.uk/ukpga/1949/74);
- “FEPA” means the [Food and Environment Protection Act 1985 (c. 48)](https://www.legislation.gov.uk/ukpga/1985/48).
- “*the commencement date*” means the date on which section 65 comes into force;
- “*the CPA*” means the Coast Protection Act 1949 (c. 74);
- “*FEPA*” means the Food and Environment Protection Act 1985 (c. 48).
## Part 2 — Coast Protection Act 1949
@@ -12059,7 +12097,7 @@
- (d) any condition having effect under section 34(4A)(b) of the CPA has effect as if it were such a condition as is mentioned in section 71(5) of this Act.
- (3) Any reference in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/2/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/2/2/enacted) to a consent given under section 34(1) of the CPA, or to a condition subject to which such a consent is given, includes a reference to a consent deemed to have been given, or a condition deemed to have been imposed, by virtue of provision included in an order granting development consent (see paragraphs 27 and 28 of Schedule 5 to the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29)).
- (3) Any reference in sub-paragraph (1) or (2) to a consent given under section 34(1) of the CPA, or to a condition subject to which such a consent is given, includes a reference to a consent deemed to have been given, or a condition deemed to have been imposed, by virtue of provision included in an order granting development consent (see paragraphs 27 and 28 of Schedule 5 to the Planning Act 2008 (c. 29)).
- (4) Any application for consent under subsection (1) of section 34 of the CPA which—
@@ -12103,7 +12141,7 @@
- (b) any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.
- (3) Any reference in sub-paragraph [(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/4/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/4/2/enacted) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the [Planning Act 2008 (c. 29)](https://www.legislation.gov.uk/ukpga/2008/29)).
- (3) Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).
- (4) Any application for a FEPA licence which—
@@ -12147,7 +12185,7 @@
- (c) as from that date the authority is required to maintain a register under section 101 of this Act (the “new register”) containing information in respect of that area.
- (2) In any such case, the authority must include in the new register any information falling within sub-paragraph [(1)(a)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/7/1/a/enacted) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.
- (2) In any such case, the authority must include in the new register any information falling within sub-paragraph (1)(a) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.
- (3) For the purpose of giving effect to this paragraph—
@@ -12159,7 +12197,7 @@
##### 8
- (1) In this paragraph “relevant territory” means any of the following—
- (1) In this paragraph “*relevant territory*” means any of the following—
- (a) any of the Channel Islands;
@@ -12185,7 +12223,7 @@
- (a) which falls within item 9 in section 66(1) of this Act, but
- (b) which meets the conditions in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/9/2/enacted).
- (b) which meets the conditions in sub-paragraph (2).
- (2) The conditions are that the dredging operation—
@@ -12195,7 +12233,7 @@
- (c) is not excluded from this paragraph by virtue of an order under section 320.
- (3) The references in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/9/2/enacted) to section 34 of the CPA and Part 2 of FEPA are references to those provisions as they would apply but for this Act.
- (3) The references in sub-paragraph (2) to section 34 of the CPA and Part 2 of FEPA are references to those provisions as they would apply but for this Act.
- (4) The “relevant transitional period”, in the case of any person and any dredging operation,—
@@ -12207,7 +12245,7 @@
##### 10
The amendment made by section 82 of this Act applies to any application for consent under section 109 of the [Water Resources Act 1991 (c. 57)](https://www.legislation.gov.uk/ukpga/1991/57) which is submitted, but not determined or withdrawn, before the date on which that section comes into force (as well as to any application submitted after that date).
The amendment made by section 82 of this Act applies to any application for consent under section 109 of the Water Resources Act 1991 (c. 57) which is submitted, but not determined or withdrawn, before the date on which that section comes into force (as well as to any application submitted after that date).
#### Electronic Communications Code: England and Wales
@@ -12215,13 +12253,13 @@
- (1) In this paragraph—
- (a) “the Code” means the Electronic Communications Code set out in Schedule 2 to the [Telecommunications Act 1984 (c. 12)](https://www.legislation.gov.uk/ukpga/1984/12);
- (b) “communications approval” means an approval under paragraph 11 of the Code;
- (c) “transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to England and Wales.
- (2) Subsections [(3)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/11/3/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/11/5/enacted) apply to any communications approval (a “qualifying approval”)—
- (a) “*the Code*” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);
- (b) “*communications approval*” means an approval under paragraph 11 of the Code;
- (c) “*transitional date*” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to England and Wales.
- (2) Subsections (3) to (5) apply to any communications approval (a “qualifying approval”)—
- (a) which is in effect immediately before the transitional date, and
@@ -12247,13 +12285,13 @@
- (1) In this paragraph—
- (a) “the Code” means the Electronic Communications Code set out in Schedule 2 to the [Telecommunications Act 1984 (c. 12)](https://www.legislation.gov.uk/ukpga/1984/12);
- (b) “communications approval” means an approval under paragraph 11 of the Code;
- (c) “Scottish transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.
- (2) Sub-paragraphs [(3)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/11/3/enacted) to [(5)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/11/5/enacted) apply to any communications approval (a “qualifying Scottish approval”)—
- (a) “*the Code*” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);
- (b) “*communications approval*” means an approval under paragraph 11 of the Code;
- (c) “*Scottish transitional date*” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.
- (2) Sub-paragraphs (3) to (5) apply to any communications approval (a “qualifying Scottish approval”)—
- (a) which is in effect immediately before the Scottish transitional date, and
@@ -12277,7 +12315,7 @@
##### 13
- (1) To the extent that they relate to the abandonment of an offshore installation, any functions exercisable under the provisions of this Part of this Act specified in sub-paragraph [(2)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/13/2/enacted) are exercisable in relation to Welsh controlled waters by a Minister of the Crown only after consultation with the Welsh Ministers.
- (1) To the extent that they relate to the abandonment of an offshore installation, any functions exercisable under the provisions of this Part of this Act specified in sub-paragraph (2) are exercisable in relation to Welsh controlled waters by a Minister of the Crown only after consultation with the Welsh Ministers.
- (2) The provisions are—
@@ -12287,11 +12325,11 @@
- (3) In this paragraph—
- “offshore installation” has the meaning given by section 44 of the [Petroleum Act 1998 (c. 17)](https://www.legislation.gov.uk/ukpga/1998/17);
- “Welsh controlled waters” has the same meaning as in paragraph 4 of Schedule 3 to the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32).
- (4) The provision made by the preceding provisions of this paragraph has effect as if it were a direction made by Order in Council under section 58(1)(c) of the [Government of Wales Act 2006](https://www.legislation.gov.uk/ukpga/2006/32) made by virtue of paragraph 4(1)(c) of Schedule 3 to that Act and may accordingly be amended, modified or repealed by any such Order in Council.
- “*offshore installation*” has the meaning given by section 44 of the Petroleum Act 1998 (c. 17);
- “*Welsh controlled waters*” has the same meaning as in paragraph 4 of Schedule 3 to the Government of Wales Act 2006 (c. 32).
- (4) The provision made by the preceding provisions of this paragraph has effect as if it were a direction made by Order in Council under section 58(1)(c) of the Government of Wales Act 2006 made by virtue of paragraph 4(1)(c) of Schedule 3 to that Act and may accordingly be amended, modified or repealed by any such Order in Council.
## Schedule 10
@@ -12335,7 +12373,7 @@
- (b) another tribunal created under an enactment.
- (2) In sub-paragraph (1)(b) “tribunal” does not include an ordinary court of law.
- (2) In sub-paragraph (1)(b) “*tribunal*” does not include an ordinary court of law.
- (3) An order under section 142 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—
@@ -12449,7 +12487,7 @@
the authority must pay it into the relevant Fund.
- (2) In sub-paragraph (1) “the relevant Fund” means—
- (2) In sub-paragraph (1) “*the relevant Fund*” means—
- (a) in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;
@@ -12485,9 +12523,9 @@
- (5) Nothing in this paragraph authorises the making of a disclosure in contravention of—
- (a) the [Data Protection Act 1998 (c. 29)](https://www.legislation.gov.uk/ukpga/1998/29), or
- (b) Part 1 of the [Regulation of Investigatory Powers Act 2000 (c. 23)](https://www.legislation.gov.uk/ukpga/2000/23).
- (a) the Data Protection Act 1998 (c. 29), or
- (b) Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
- (5) This paragraph does not affect a power to disclose which exists apart from this paragraph.
@@ -12497,13 +12535,13 @@
##### 1
In section 10 of the [Conservation of Seals Act 1970](https://www.legislation.gov.uk/ukpga/1970/30) (power to grant licences) in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” substitute “a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009”.
In section 10 of the Conservation of Seals Act 1970 (power to grant licences) in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” substitute “ a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009 ”.
#### Wildlife and Countryside Act 1981 (c. 69)
##### 2
- (1) The [Wildlife and Countryside Act 1981](https://www.legislation.gov.uk/ukpga/1981/69) is amended as follows.
- (1) The Wildlife and Countryside Act 1981 is amended as follows.
- (2) The following provisions are omitted—
@@ -12517,7 +12555,7 @@
##### 3
In paragraph 5 of Schedule 25 to the [Water Resources Act 1991](https://www.legislation.gov.uk/ukpga/1991/57) (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
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;
@@ -12528,7 +12566,7 @@
##### 4
- (1) For regulation 36 of the Conservation (Natural Habitats, &c) Regulations 1994 ([S.I. 1994/2716](https://www.legislation.gov.uk/uksi/1994/2716)) (byelaws for protection of European marine sites) substitute—
- (1) For regulation 36 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) (byelaws for protection of European marine sites) substitute—
> (36)
> (1) The MMO may make byelaws for the protection of a European marine site in England under section 129 of the Marine and Coastal Access Act 2009 (byelaws for protection of marine conservation zones).
@@ -12548,9 +12586,9 @@
In this Schedule—
- “the 1981 Act” means the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69);
- “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.
- “*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
@@ -12582,7 +12620,7 @@
##### 1
In this Schedule “the 1981 Act” means the [Wildlife and Countryside Act 1981 (c. 69)](https://www.legislation.gov.uk/ukpga/1981/69).
In this Schedule “*the 1981 Act*” means the Wildlife and Countryside Act 1981 (c. 69).
## Part 2 — Sites of special scientific interest
@@ -12592,7 +12630,7 @@
- (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)”.
- (2) In subsection (1)(a) after “the local planning authority” insert “ (if any) ”.
- (3) After subsection (1) insert—
@@ -12607,7 +12645,7 @@
> (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)”.
- (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—
@@ -12619,19 +12657,19 @@
- (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](https://www.legislation.gov.uk/european/directive/2000/0060) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).
> (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](https://www.legislation.gov.uk/european/directive/2000/0060) 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)”.
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);
> “*estuarial waters*” has the meaning given by section 28(9A);
.
@@ -12641,7 +12679,7 @@
- (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)”.
- (2) In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.
- (3) After subsection (2) insert—
@@ -12654,13 +12692,13 @@
> (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)”.
- (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”.
- (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.
@@ -12670,7 +12708,7 @@
- (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)”.
- (2) In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.
- (3) After subsection (2) insert—
@@ -12685,9 +12723,9 @@
- (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)”.
- (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.
@@ -12699,7 +12737,7 @@
> (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—
> (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.
@@ -12721,14 +12759,14 @@
> (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)](#p01291), give to any person the opportunity of—
> (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)](#p01292) 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)](#p01292).
> (10) The power to make regulations under subsection [(9)](#p01293) is exercisable by statutory instrument.
> (11) A statutory instrument containing regulations made under subsection [(9)](#p01293) 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)](#p01293) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
> (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
@@ -12736,7 +12774,7 @@
- (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
- (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,
@@ -12744,11 +12782,11 @@
- (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)”.
- (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
@@ -12769,7 +12807,7 @@
> (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).
> “*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.
@@ -12791,15 +12829,15 @@
> (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)](#p01291), give to any person the opportunity of—
> (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)](#p01298) 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)](#p01298).
> (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—
> (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.
@@ -12815,31 +12853,31 @@
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”.
- (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,”.
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;
> “*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,”.
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
In section 3 of the [Nuclear Installations Act 1965](https://www.legislation.gov.uk/ukpga/1965/57) (grant and variation of nuclear site licences), in subsection (3), after paragraph (b) insert—
In section 3 of the Nuclear Installations Act 1965 (grant and variation of nuclear site licences), in subsection (3), after paragraph (b) insert—
> (ba) any inshore fisheries and conservation authority;
@@ -12849,13 +12887,13 @@
##### 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,”.
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](https://www.legislation.gov.uk/ukpga/1971/60) (prosecutions) after subsection (5) insert—
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.
@@ -12863,7 +12901,7 @@
##### 9
In section 31A of the [Local Government Act 1974](https://www.legislation.gov.uk/ukpga/1974/7) (consideration of adverse reports), in subsection (3)—
In section 31A of the Local Government Act 1974 (consideration of adverse reports), in subsection (3)—
- (a) after paragraph (a) insert—
@@ -12871,13 +12909,13 @@
;
- (b) after “that committee” insert “, authority”.
- (b) after “that committee” insert “ , authority ”.
#### Fisheries Act 1981 (c. 29)
##### 10
In Part 1 of Schedule 4 to the [Fisheries Act 1981](https://www.legislation.gov.uk/ukpga/1981/29) (exemptions for fish farming: offences to which section 33(1) applies), after paragraph 17A (inserted by the [Inshore Fishing (Scotland) Act 1984 (c. 26)](https://www.legislation.gov.uk/ukpga/1984/26)) insert—
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).
@@ -12885,13 +12923,13 @@
##### 11
In section 27(1) of the [Wildlife and Countryside Act 1981](https://www.legislation.gov.uk/ukpga/1981/69) (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”;
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;
> “*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;
.
@@ -12899,7 +12937,7 @@
##### 12
The [Local Government and Housing Act 1989](https://www.legislation.gov.uk/ukpga/1989/42) is amended as follows.
The Local Government and Housing Act 1989 is amended as follows.
##### 13
@@ -12912,11 +12950,11 @@
> (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”.
- (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;
> “*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;
.
@@ -12940,11 +12978,11 @@
##### 16
The [Radioactive Substances Act 1993](https://www.legislation.gov.uk/ukpga/1993/12) is amended as follows.
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”.
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
@@ -12956,7 +12994,7 @@
##### 19
In Part 2 of Schedule 1 to the [Freedom of Information Act 2000](https://www.legislation.gov.uk/ukpga/2000/36) (local government bodies which are public authorities), after paragraph 35A insert—
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.
@@ -12964,7 +13002,7 @@
##### 20
In Schedule 7 to the [Natural Environment and Rural Communities Act 2006](https://www.legislation.gov.uk/ukpga/2006/16) (designated bodies), after paragraph 1 insert—
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.
@@ -12978,45 +13016,45 @@
- (2) In subsection (4)—
- (a) for “Different sizes” substitute “Different requirements as to size”;
- (b) for “different sizes” substitute “different requirements as to size”.
- (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.”
- (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”.
- (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”.
- (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”.
- (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”.
- (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—
@@ -13024,7 +13062,7 @@
##### 4
In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “subsection (4)”.
In section 11 (penalties for offences), in subsection (3), for “subsection (5)” substitute “ subsection (4) ”.
#### Fisheries Act 1981 (c. 29)
@@ -13034,17 +13072,17 @@
- (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)”;
- (c) in paragraph 16, after “prohibiting” insert “or restricting”.
- (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) ”;
- (c) in paragraph 16, after “prohibiting” insert “ or restricting ”.
- (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”.
- (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
@@ -13062,9 +13100,9 @@
- (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”.
- (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—
@@ -13084,7 +13122,7 @@
##### 7
In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17” substitute “or 15”.
In section 18 (supplementary provisions), in subsection (4), for “, 15 or 17” substitute “ or 15 ”.
##### 8
@@ -13094,51 +13132,51 @@
- (1) Section 25 (licences to fish) is amended as follows.
- (2) In subsection (2), for “an instrument” substitute “the means of fishing”.
- (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”.
- (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”.
- (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”;
- (c) for “his” substitute “that authority’s”;
- (d) for “him” substitute “that authority”.
- (a) for “the Minister” substitute “ the appropriate national authority ”;
- (b) for “he” (in both places) substitute “ that authority ”;
- (c) for “his” substitute “that authority's”;
- (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”;
- (c) for “he” substitute “that authority”.
- (a) for “The Minister” substitute “ The appropriate national authority ”;
- (b) for “him” substitute “ that authority ”;
- (c) for “he” substitute “ that authority ”.
- (5) In subsection (6)—
- (a) for “The Minister” substitute “The appropriate national authority”;
- (b) for “him” substitute “that authority”;
- (c) for “he” substitute “that authority”.
- (a) for “The Minister” substitute “ The appropriate national authority ”;
- (b) for “him” substitute “ that authority ”;
- (c) for “he” 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”.
- (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
@@ -13146,7 +13184,7 @@
- (2) The existing provision is renumbered as subsection (1).
- (3) In that subsection, after “of any description” insert “by any licensable means of fishing”.
- (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—
@@ -13163,27 +13201,27 @@
##### 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”.
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”.
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”.
- (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;
> “*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;
> “*licensable means of fishing*” has the meaning given by section 25 above;
.
@@ -13195,65 +13233,65 @@
- (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”.
- (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”.
- (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”;
- (c) for “the Minister” substitute “that authority”.
- (a) for “The Minister” substitute “ The appropriate national authority ”;
- (b) for “his” substitute “that authority's”;
- (c) for “the Minister” substitute “ that authority ”.
- (7) In paragraph 7—
- (a) for “an instrument” substitute “any licensable means of fishing”;
- (b) for “that instrument” substitute “that means”.
- (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”;
- (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”.
- (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
@@ -13265,11 +13303,11 @@
- (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)”.
- (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—
@@ -13278,27 +13316,27 @@
> (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”.
- (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”.
- (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”.
- (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”;
- (c) after “the licence” insert “or authorisation”.
- (a) after “a fishing or general licence” insert “ or authorisation under section 27A above ”;
- (b) after “a licence” insert “ or authorisation ”;
- (c) after “the licence” insert “ or authorisation ”.
#### Fisheries Act 1981 (c. 29)
@@ -13306,7 +13344,7 @@
- (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”.
- (2) In paragraph (a), after “any fish” insert “ to which paragraph 6 of that Schedule applies ”.
- (3) After paragraph (a) insert—
@@ -13314,11 +13352,11 @@
.
- (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”.
- (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”;
- (a) for “salmon, trout, or freshwater fish” substitute “ fish to which that paragraph applies ”;
- (b) the words “(not being a fixed engine)” are omitted.
@@ -13326,15 +13364,15 @@
- (a) the words “(not being fixed engines)” are omitted;
- (b) for “salmon, trout, freshwater fish and eels” substitute “fish to which that paragraph applies”.
- (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”.
- (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)
@@ -13352,9 +13390,9 @@
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)”.
- (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
@@ -13374,7 +13412,7 @@
- (a) in paragraph (a)—
- (i) for “salmon, trout, or freshwater fish” substitute “any fish to which paragraph 6 of that Schedule applies”;
- (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;
@@ -13382,7 +13420,7 @@
- (i) the words “(not being fixed engines)” are omitted;
- (ii) for “salmon, trout, freshwater fish and eels” substitute “any such fish”.
- (ii) for “salmon, trout, freshwater fish and eels” substitute “ any such fish ”.
##### 24
@@ -13392,17 +13430,17 @@
- (a) the words “Subject to paragraph 7(1) below” are omitted;
- (b) in paragraph (a), after “any fish” insert “to which this paragraph applies”;
- (b) in paragraph (a), after “any fish” insert “ to which this paragraph applies ”;
- (c) in paragraph (b)—
- (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”;
- (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”;
- (i) for “salmon, trout, or freshwater fish” substitute “ fish to which this paragraph applies ”;
- (ii) the words “(not being a fixed engine)” are omitted;
@@ -13410,19 +13448,19 @@
- (i) the words “(not being fixed engines)” are omitted;
- (ii) for “salmon, trout, freshwater fish and eels” substitute “fish to which this paragraph applies”;
- (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”.
- (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
@@ -13432,7 +13470,7 @@
##### 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”.
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
@@ -13496,7 +13534,7 @@
- (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.
- (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
@@ -13514,7 +13552,7 @@
- (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;
- (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;
@@ -13690,11 +13728,11 @@
- (a) in the High Court, or
- (b) in any magistrates’ court in England or Wales.
- (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.
- (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—
@@ -13706,7 +13744,7 @@
##### 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.
- (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.
@@ -13726,7 +13764,7 @@
- (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.
- (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.
@@ -13784,7 +13822,7 @@
- (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.
- (6) The referee's decision is final and conclusive.
#### Saving for owner’s rights
@@ -13802,9 +13840,9 @@
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).
- “*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
@@ -13822,9 +13860,9 @@
- (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, and which, 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.
- “*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
@@ -13854,17 +13892,17 @@
- (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.
- (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, and in 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, or if there is no such period, a reasonable period.
- “*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
@@ -13878,13 +13916,13 @@
- (2) In this paragraph—
- “the relevant authority” means— in a case within sub-paragraph (1)(a), Natural England, and in 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).
- “*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.
- (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.
@@ -13968,9 +14006,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/1988/52);
- “footway” has the same meaning as in section 329 of the [Highways Act 1980 (c. 66)](https://www.legislation.gov.uk/ukpga/1980/66).
- “*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
@@ -14010,7 +14048,7 @@
- (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).
- (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—
@@ -14046,17 +14084,17 @@
- (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.
- (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, and which, 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.
- “*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
@@ -14064,9 +14102,9 @@
- (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.
- “*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—
@@ -14076,13 +14114,13 @@
- (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.
- (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)](https://www.legislation.gov.uk/ukpga/1964/40) is amended as follows.
The Harbours Act 1964 (c. 40) is amended as follows.
#### Provision that may be made by harbour empowerment order
@@ -14090,7 +14128,7 @@
- (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”.
- (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
@@ -14100,24 +14138,24 @@
> (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)](#p01313) only with the consent of the person designated in it (“the delegate”).
> (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)](#p01313) remains in force, the functions designated in the order—
> (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)](#p01316) and [(6)](#p01317).
> 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)](#p01314)[(b)](#p01315) does not apply to any function under—
> (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)](#p01313), 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)](#p01313) may make different provision for different cases, different areas or different persons.
> (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);
@@ -14125,7 +14163,7 @@
> (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)](#p01313)) the function is exercisable.
> (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.
@@ -14136,7 +14174,7 @@
- (2) In section 54 (orders and regulations) after subsection (2) insert—
> (3) Subsection [(4)](#p01318) applies to any statutory instrument containing—
> (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—
@@ -14149,7 +14187,7 @@
##### 4
After section 42B (inserted by paragraph [3(1)](https://www.legislation.gov.uk/ukpga/2009/23/schedule/21/paragraph/3/1/enacted)) insert—
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—
@@ -14158,8 +14196,8 @@
> (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)](#p01319), 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.
> (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;
@@ -14167,8 +14205,8 @@
> (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)](#p01319), 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.
> (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.
.
@@ -14207,26 +14245,32 @@
- (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
- (c) for “he” substitute “the authority”.
- (a) for “sub-paragraph (1)(a)” substitute “ sub-paragraph (1B)(b) ”,
- (b) for “Secretary of State” substitute “ appropriate authority ”, and
- (c) for “he” substitute “ the authority ”.
- (4) In sub-paragraph (3)—
- (a) for “Secretary of State” substitute “appropriate authority”,
- (a) for “Secretary of State” substitute “ appropriate authority ”,
- (b) omit paragraph (a), and
- (c) in paragraph (b), for “he” substitute “the appropriate authority”.
- (c) in paragraph (b), for “he” substitute “ the appropriate authority ”.
- (5) After sub-paragraph (3) insert—
> (4) In this paragraph—
> - “the appropriate authority” means— in a case where the application was made to the Secretary of State, the Secretary of State; in a case where the application was made to the Welsh Ministers, the Welsh Ministers;
> - “local authority” means— 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 in Wales, a county council, a county borough council and a community council;
> - “the relevant conservation body” means— if the harbour (or any part of it) is situated in England, Natural England, and if the harbour (or any part of it) is situated in Wales, the Countryside Council for Wales.
> - “*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.
.
@@ -14256,19 +14300,21 @@
> (b) the relevant conservation body.
> (7) Where an objector is heard in accordance with sub-paragraph (3)(b), the proposing authority must allow such other persons as the proposing authority thinks appropriate to be heard on the same occasion.
> (8) In this paragraph—
> - “local authority” has the same meaning as in paragraph 18;
> - “the proposing authority” means— the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order; the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;
> - “the relevant conservation body” has the same meaning as in paragraph 18.
> - “*local authority*” has the same meaning as in paragraph 18;
> - “*the proposing authority*” means—
> 1. the Secretary of State, in a case where it is the Secretary of State who proposes to make a harbour revision order;
> 2. the Welsh Ministers, in a case where it is the Welsh Ministers who propose to make a harbour revision order;
> - “*the relevant conservation body*” has the same meaning as in paragraph 18.
.
- (2) In paragraph 29 of that Schedule (decision on harbour revision order proposed by Secretary of State), in sub-paragraph (1)(b), after “inquiry” insert “and of any person appointed for the purpose of hearing an objector”.
- (2) In paragraph 29 of that Schedule (decision on harbour revision order proposed by Secretary of State), in sub-paragraph (1)(b), after “inquiry” insert “ and of any person appointed for the purpose of hearing an objector ”.
#### Application of paragraphs 5 and 6
##### 7
The amendments made by paragraphs [5](https://www.legislation.gov.uk/ukpga/2009/23/schedule/21/paragraph/5/enacted) and [6](https://www.legislation.gov.uk/ukpga/2009/23/schedule/21/paragraph/6/enacted) apply to objections made on or after the date on which those amendments come into force.
The amendments made by paragraphs 5 and 6 apply to objections made on or after the date on which those amendments come into force.
## Schedule 22
@@ -15625,1201 +15671,3 @@
[^key-b8edb0507b833f17adc39da03d3f6379]: Pt. 4 applied (E.W.S.) (5.3.2022) by [The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138)](https://www.legislation.gov.uk/uksi/2022/138), [arts. 1](https://www.legislation.gov.uk/uksi/2022/138/article/1), [32](https://www.legislation.gov.uk/uksi/2022/138/article/32) (with [arts. 41](https://www.legislation.gov.uk/uksi/2022/138/article/41), [42](https://www.legislation.gov.uk/uksi/2022/138/article/42), [Sch. 16](https://www.legislation.gov.uk/uksi/2022/138/schedule/16))
[^key-f533d5161be086e86a507d6131944081]: S. 263 in force at 6.4.2011 by [S.I. 2011/556](https://www.legislation.gov.uk/uksi/2011/556), [art. 3(2)(b)](https://www.legislation.gov.uk/uksi/2011/556/article/3/2/b)
#### Report
#### Duties of public authorities in relation to certain decisions
#### Marine boundaries of SSSIs and national nature reserves
#### Establishment of inshore fisheries and conservation districts
#### Evidence of byelaws
#### IFC authority as party to proceedings
#### Size limits for sea fish
#### Regulation of nets and other fishing gear
#### Charging for commercial fishing licences
#### Grant of licences subject to conditions imposed for environmental purposes
#### Penalties for offences
#### Variation etc of orders as a result of development
#### Increase in penalties for certain offences relating to fisheries for shellfish
#### Liability of master, etc where vessel used in commission of offence
#### Cancellation of licence after single relevant conviction
#### Use of implements of fishing
#### Orders prohibiting the taking and sale of certain lobsters
#### Power to appoint inspector before making orders as to fisheries for shellfish
#### Prohibited implements
#### Licences to fish
#### Limitation of licences
#### Authorisation to fish
#### Enforcement
#### Power to specify fish
#### Byelaws: emergency procedures
#### Byelaws: enforcement
#### Theft of fish from private fisheries etc
#### Keeping, introduction and removal of fish
#### Retention of seized items
#### Administrative penalty schemes
#### The coastal access duty
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Area in which functions of Natural England exercisable
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
#### Regulations and orders
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
#### Meaning of “enforcement authority”
#### Marine boundaries of SSSIs and national nature reserves
#### Establishment of inshore fisheries and conservation districts
#### Evidence of byelaws
#### Power of Welsh Ministers in relation to fisheries in Wales
#### Offences
#### Charging for commercial fishing licences
#### Grant of licences subject to conditions imposed for environmental purposes
#### Penalties for offences
#### Offences by directors, partners, etc
#### Liability of master, etc where vessel used in commission of offence
#### Cancellation of licence after single relevant conviction
#### Use of implements of fishing
#### Taking of crabs and lobsters for scientific purposes
#### Power to appoint inspector before making orders as to fisheries for shellfish
#### Prohibited implements
#### Roe etc
#### Authorisation to fish
#### Enforcement
#### Byelaws: emergency procedures
#### Theft of fish from private fisheries etc
#### Handling fish
#### Duties of the Environment Agency
#### Keeping, introduction and removal of fish
#### Marine enforcement officers
#### Administrative penalty schemes
#### The coastal access duty
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
#### Regulations and orders
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
##### 79A
- (1) This section has effect in cases where a person who proposes to carry on an activity must first make both—
- (a) an application to the Department of the Environment in Northern Ireland (“ *the Department* ”) for a marine licence to carry on that activity (the “marine licence application”), and
- (b) a related application for a generating station consent (the “generating station application”).
- (2) A “related application for a generating station consent” is an application to DETI for a consent under Article 39 of the Electricity Order (consent for construction, etc. of generating stations) in relation to—
- (a) the activity for which the marine licence is required, or
- (b) other works to be undertaken in connection with that activity.
- (3) In any case where—
- (a) both the marine licence application and the generating station application have been made,
- (b) DETI decides (with the agreement of the Department) that the two applications are to be considered together, and
- (c) DETI has given notice of that decision to the applicant,
the two applications are to be considered together.
- (4) Subsection (5) applies in any case where—
- (a) one of the applications has been received but not the other,
- (b) DETI decides (with the agreement of the Department) that the two applications are to be considered together, and
- (c) DETI has given notice of that decision to the applicant.
- (5) In any such case—
- (a) the application that has been received is not to be considered until the other application has also been received,
- (b) the two applications are to be considered together, and
- (c) the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),
but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d).
- (6) The Department may by order do any of the following—
- (a) make provision falling within subsection (7) for cases where subsection (3) applies;
- (b) make provision falling within subsection (7) for cases where subsection (5) applies;
- (c) make provision falling within subsection (7) or (8) for cases where DETI (with the agreement of the Department) comes to the conclusion that the marine licence application is not going to be made;
- (d) make provision falling within subsection (7) or (8) for cases where DETI comes to the conclusion that the generating station application is not going to be made.
- (7) The provision that may be made by virtue of this subsection is—
- (a) provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;
- (b) provision that such procedural provisions of the Electricity Order as are so specified are to apply to that application instead;
- (c) provision modifying the provisions of the Electricity Order in their application by virtue of paragraph (b).
- (8) The provision that may be made by virtue of this subsection is provision modifying—
- (a) such procedural provisions of this Part as are specified in the order, or
- (b) such procedural provisions of the Electricity Order as are specified in the order.
- (9) In this section—
- “ *DETI* ” means the Department of Enterprise, Trade and Investment in Northern Ireland;
- “ *the Electricity Order* ” means the Electricity (Northern Ireland) Order 1992;
- “ *procedural provisions* ” means any provisions for or in connection with the procedure for determining an application.
#### Electronic communications apparatus
#### Meaning of “enforcement authority”
#### Report
#### Marine boundaries of SSSIs and national nature reserves
#### Establishment of inshore fisheries and conservation districts
#### Power of Welsh Ministers in relation to fisheries in Wales
#### Regulation of nets and other fishing gear
#### Charging for commercial fishing licences
#### Penalties for offences
#### Offences by directors, partners, etc
#### Liability of master, etc where vessel used in commission of offence
#### Use of implements of fishing
#### Orders prohibiting the taking and sale of certain lobsters
#### Power to appoint inspector before making orders as to fisheries for shellfish
#### Prohibited implements
#### Limitation of licences
#### Authorisation to fish
#### Enforcement
#### Byelaws: emergency procedures
#### Duties of the Environment Agency
#### Retention of seized items
#### Administrative penalty schemes
#### The coastal access duty
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Area in which functions of Natural England exercisable
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
#### Regulations and orders
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
##### 73A
- (1) If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section.
- (2) The grounds are that—
- (a) the decision is not within the powers of the Scottish Ministers under this Part,
- (b) one or more of the relevant requirements have not been complied with in relation to the decision.
- (3) This section applies to—
- (a) a decision to cause, or not to cause, an inquiry to be held under section 70(1) in connection with the Scottish Ministers’ determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and
- (b) a decision under section 71 in relation to an application for a marine licence to carry on such an activity.
- (4) An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
- (5) On an application under this section, the Inner House of the Court of Session—
- (a) may suspend the decision until the final determination of the proceedings,
- (b) may quash the decision either in whole or in part if satisfied that—
- (i) the decision in question is not within the powers of the Scottish Ministers under this Part, or
- (ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
- (6) In this section—
- “generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations) which falls (or would fall) to be granted by the Scottish Ministers;
- “the relevant requirements”, in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.
#### Applications under section 73A: requirement for permission
##### 73B
- (1) No proceedings may be taken in respect of an application under section 73A(1) unless the Inner House of the Court of Session has granted permission for the application to proceed.
- (2) The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—
- (a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and
- (b) the application has a real prospect of success.
- (3) The Court may grant permission under subsection (1) for an application to proceed—
- (a) subject to such conditions as the Court thinks fit, or
- (b) only on such of the grounds specified in the application as the Court thinks fit.
#### Dredging in the Scottish zone
#### Electronic communications apparatus
#### Meaning of “enforcement authority”
#### Establishment of inshore fisheries and conservation districts
#### Offences
#### Charging for commercial fishing licences
#### Grant of licences subject to conditions imposed for environmental purposes
#### Liability of master, etc where vessel used in commission of offence
#### Taking of crabs and lobsters for scientific purposes
#### Orders prohibiting the taking and sale of certain lobsters
#### Prohibited implements
#### Licences to fish
#### Limitation of licences
#### Authorisation to fish
#### Handling fish
#### Marine enforcement officers
#### Retention of seized items
#### Administrative penalty schemes
#### The coastal access duty
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Area in which functions of Natural England exercisable
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
#### Regulations and orders
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
#### Increase in penalties for certain offences relating to fisheries for shellfish
#### Cancellation of licence after single relevant conviction
#### Register of licences
#### Taking of crabs and lobsters for scientific purposes
#### Orders prohibiting the taking and sale of certain lobsters
#### Licences to fish
#### Limitation of licences
#### Authorisation to fish
#### Enforcement
#### Power to specify fish
#### Handling fish
#### Keeping, introduction and removal of fish
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
#### Marine conservation zones
#### Report
#### Duties of public authorities in relation to certain decisions
#### Regulation of nets and other fishing gear
#### Charging for commercial fishing licences
#### Variation etc of orders as a result of development
#### Increase in penalties for certain offences relating to fisheries for shellfish
#### Cancellation of licence after single relevant conviction
#### Use of implements of fishing
#### Prohibited implements
#### Licences to fish
#### Power to specify fish
#### Duties of the Environment Agency
#### Retention of seized items
#### Establishment and maintenance of the English coastal route etc
#### Isles of Scilly
#### Area in which functions of Natural England exercisable
#### Natural England not to be responder for Civil Contingencies Act 2004
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
### Fees
##### 110A
- (1) The Secretary of State may charge fees in connection with carrying out functions under this Part, so far as relating to oil and gas activities for which a marine licence is needed.
- (2) The fees are to be determined by or in accordance with regulations made by the Secretary of State.
- (3) The regulations may authorise the fees to be determined by or in accordance with a scheme made by the Secretary of State.
- (4) If the regulations provide for determining fees in connection with functions of the Secretary of State under section 67, the fees are to be those provided for by the regulations, and not those (if any) provided for by regulations under section 67(2) or determined under section 67(5).
- (5) “Oil and gas activities” are activities which relate to operations regulated under any of the provisions listed in subsection (6).
- (6) The provisions are—
- (a) section 2 of the Petroleum (Production) Act 1934 (searching and boring for, and getting, petroleum);
- (b) Part 1 of the Petroleum Act 1998 (searching and boring for, and getting, petroleum);
- (c) Part 3 of the Petroleum Act 1998 (submarine pipelines);
- (d) Part 4 of the Petroleum Act 1998 (abandonment of offshore installations);
- (e) Part 1 of the Energy Act 2008 (gas importation and storage);
- (f) Part 4 of the Energy Act 2008 (oil and gas).
- (7) See Chapter 1 for when a marine licence is needed for activities.
#### Marine boundaries of SSSIs and national nature reserves
#### Establishment of inshore fisheries and conservation districts
#### Charging for commercial fishing licences
#### Increase in penalties for certain offences relating to fisheries for shellfish
#### Register of licences
#### Licences to fish
#### Limitation of licences
#### Enforcement
#### Power to specify fish
#### Theft of fish from private fisheries etc
#### Duties of the Environment Agency
#### Access to the coastal margin
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
##### 67A
- (1) This section applies where the Welsh Ministers are the appropriate licensing authority.
- (2) The licensing authority may provide advice or other assistance to any person who requests it in connection with—
- (a) an application which the person proposes to make to the licensing authority for a marine licence, or
- (b) any other matter in respect of which the licensing authority exercises functions under this Part.
- (3) The licensing authority may charge fees in respect of the reasonable costs incurred by it in connection with the provision of advice or other assistance under subsection (2).
##### 72A
- (1) This section applies where the Welsh Ministers are the appropriate licensing authority in relation to a marine licence granted under this Part.
- (2) The licensing authority may require the licensee to pay a fee for—
- (a) monitoring an activity authorised by the licence,
- (b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or
- (c) dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.
- (3) In subsection (2) “*monitoring*”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—
- (a) the environmental, economic or social consequences of any activity authorised by the licence, or
- (b) whether the licensee is complying with any conditions attached to that licence.
- (4) The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority.
- (5) Regulations under subsection (4) may provide for different fees for different cases.
- (6) If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, the authority may require the licensee to pay a fee towards the reasonable expenses of that investigation, examination or test.
- (7) If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.
- (8) The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).
- (9) If a licensee who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may—
- (a) refuse to proceed with the application, or
- (b) refuse to proceed with it until the failure is remedied.
##### 107A
- (1) This section applies where the Welsh Ministers are the appropriate licensing authority.
- (2) Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee.
- (3) The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority.
- (4) If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.
- (5) The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).
- (6) If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may—
- (a) refuse to proceed with the application, or
- (b) refuse to proceed with it until the failure is remedied.
##### 107B
- (1) This section applies where the Welsh Ministers are the appropriate licensing authority.
- (2) When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity.
- (3) The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out.
- (4) The licensing authority may waive or reduce a fee.
- (5) The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid.
- (6) A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority).
#### Report
#### Duties of public authorities in relation to certain decisions
#### Establishment of inshore fisheries and conservation districts
#### IFC authority as party to proceedings
#### Offences
#### Use of implements of fishing
#### Byelaws: emergency procedures
#### Handling fish
#### Keeping, introduction and removal of fish
#### Marine enforcement officers
#### Retention of seized items
#### Administrative penalty schemes
#### Isles of Scilly
#### Area in which functions of Natural England exercisable
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
#### Regulations and orders
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
#### Licences to fish
#### Handling fish
#### Duties of the Environment Agency
#### Keeping, introduction and removal of fish
#### Marine enforcement officers
#### Administrative penalty schemes
#### Access to the coastal margin
#### Establishment and maintenance of the English coastal route etc
#### Natural England not to be responder for Civil Contingencies Act 2004
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
##### 129A
- (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving—
- (a) marine flora or fauna, or
- (b) marine habitats or types of marine habitat.
- (2) A byelaw under this section may be made so as to apply to any area in England.
- (3) A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made.
- (4) The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—
- (a) a right of several fishery;
- (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.
- (5) But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.
- (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—
- (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,
- (b) a national nature reserve declared in accordance with section 35 of that Act,
- (c) a Ramsar site, within the meaning of section 37A of that Act,
- (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or
- (e) an MCZ.
- (7) See also section 129C (supplementary).
##### 129B
- (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purposes of conserving—
- (a) marine flora or fauna,
- (b) marine habitats or types of marine habitat, or
- (c) features of geological or geomorphological interest.
- (2) A byelaw under this section may be made so as to apply to any area in the English offshore region.
- (3) A byelaw under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.
- (4) See also section 129C (supplementary).
##### 129C
- (1) The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).
- (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
- (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;
- (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;
- (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.
- (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including—
- (a) provision for the charging of fees for permits;
- (b) provision enabling conditions to be attached to a permit;
- (c) provision enabling the MMO to limit the number of permits issued by it.
- (4) Head 3 is—
- (a) provision prohibiting or restricting the use of vessels of specified descriptions;
- (b) provision prohibiting or restricting any method of exploiting sea fisheries resources;
- (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;
- (d) provision for determining whether such items are items of a specified description.
- (5) A byelaw under section 129A or 129B may be made—
- (a) subject to specified exceptions or conditions;
- (b) so as to cease to have effect after a specified period.
- (6) A byelaw under section 129A or 129B may make different provision for different cases, including in particular—
- (a) different times of the year,
- (b) different means or methods of carrying out an activity, and
- (c) different descriptions of sea fisheries resources.
- (7) In this section “*specified*” means specified in the byelaw.
##### 134A
- (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in Wales for the purposes of conserving—
- (a) marine flora or fauna, or
- (b) marine habitats or types of marine habitat.
- (2) An order under this section may be made so as to apply to any area in Wales.
- (3) An order under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the order is made.
- (4) The provision that may be made by an order under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—
- (a) a right of several fishery;
- (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.
- (5) But the Welsh Ministers may make an order that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.
- (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—
- (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,
- (b) a national nature reserve declared in accordance with section 35 of that Act,
- (c) a Ramsar site, within the meaning of section 37A of that Act,
- (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or
- (e) an MCZ.
- (7) See also section 134C (supplementary).
##### 134B
- (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purposes of conserving—
- (a) marine flora or fauna,
- (b) marine habitats or types of marine habitat, or
- (c) features of geological or geomorphological interest.
- (2) An order under this section may be made so as to apply to any area in the Welsh offshore region.
- (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.
- (4) See also section 134C (supplementary).
##### 134C
- (1) The provision that may be made by an order under section 134A or 134B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).
- (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
- (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;
- (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;
- (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.
- (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Welsh Ministers, including—
- (a) provision for the charging of fees for permits;
- (b) provision enabling conditions to be attached to a permit;
- (c) provision enabling the Welsh Ministers to limit the number of permits issued by them.
- (4) Head 3 is—
- (a) provision prohibiting or restricting the use of vessels of specified descriptions;
- (b) provision prohibiting or restricting any method of exploiting sea fisheries resources;
- (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;
- (d) provision for determining whether such items are items of a specified description.
- (5) An order under section 134A or 134B may be made—
- (a) subject to specified exceptions or conditions;
- (b) so as to cease to have effect after a specified period.
- (6) An order under section 134A or 134B may make different provision for different cases, including in particular—
- (a) different times of the year,
- (b) different means or methods of carrying out an activity, and
- (c) different descriptions of sea fisheries resources.
- (7) In this section “*specified*” means specified in the order.
### Orders for marine conservation: Scottish offshore region
##### 137A
- (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purposes of conserving—
- (a) marine flora or fauna,
- (b) marine habitats or types of marine habitat, or
- (c) features of geological or geomorphological interest.
- (2) An order under this section may be made so as to apply to any area in the Scottish offshore region.
- (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.
- (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).
- (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
- (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;
- (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;
- (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.
- (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Scottish Ministers, including—
- (a) provision for the charging of fees for permits;
- (b) provision enabling conditions to be attached to a permit;
- (c) provision enabling the Scottish Ministers to limit the number of permits issued by it.
- (7) Head 3 is—
- (a) provision prohibiting or restricting the use of vessels of specified descriptions;
- (b) provision prohibiting or restricting any method of exploiting sea fisheries resources;
- (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;
- (d) provision for determining whether such items are items of a specified description.
- (8) An order under this section may be made—
- (a) subject to specified exceptions or conditions;
- (b) so as to cease to have effect after a specified period.
- (9) An order under this section may make different provision for different cases, including in particular—
- (a) different times of the year,
- (b) different means or methods of carrying out an activity, and
- (c) different descriptions of sea fisheries resources.
- (10) In this section “*specified*” means specified in the order.
- (11) An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).
- (12) Any other order under this section is subject to the negative procedure (see that Part of that Act).
##### 137B
- (1) Before making an order under section 137A the Scottish Ministers must—
- (a) consult the Secretary of State,
- (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,
- (c) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers,
- (d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and
- (e) consult any other person whom they think fit to consult.
- (2) The Scottish Ministers must publish notice of the making of an order under section 137A.
- (3) The notice under subsection (2) must—
- (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
- (b) give an address at which a copy of the order may be inspected.
- (4) Where the Scottish Ministers think that there is an urgent need to make an order under section 137A to protect the Scottish offshore region—
- (a) subsection (1) does not apply, and
- (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Scottish Ministers.
- (5) Where in reliance on subsection (4)(a) the Scottish Ministers do not comply with subsection (1) before making an order under section 137A, that order—
- (a) comes into force on a date specified in the order, and
- (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.
- (6) The Scottish Ministers may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 12 months.
##### 137C
- (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purpose of protecting any feature in any area in that region if they think—
- (a) that there are or may be reasons to consider whether to designate the area as an MCZ, and
- (b) that there is an urgent need to protect the feature.
- (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).
- (3) Subsections (4) to (10) of section 137A apply to an interim order under this section.
- (4) An interim order under this section—
- (a) comes into force on a date specified in the order, and
- (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.
- (5) The Scottish Ministers must publish notice of the making of an interim order under this section.
- (6) The notice under subsection (5) must—
- (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
- (b) give an address at which a copy of the order may be inspected;
- (c) state that any person affected by the making of the order may make representations to the Scottish Ministers.
- (7) The Scottish Ministers must keep under review the need for an interim order under this section to remain in force.
- (8) The Scottish Ministers may by further order extend the period for which an interim order remains in force.
- (9) In this section “*feature*” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
- (10) An order under this section is subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).
##### 137D
- (1) This section applies to any order made under section 137A or 137C.
- (2) The Scottish Ministers must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137B(2).
- (3) The Scottish Ministers must—
- (a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment;
- (b) provide a copy of any such order to any person who requests one.
- (4) An order to which this section applies may be amended or revoked by a further order.
### Orders for marine conservation: Northern Ireland offshore region
##### 137E
- (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purposes of conserving—
- (a) marine flora or fauna,
- (b) marine habitats or types of marine habitat, or
- (c) features of geological or geomorphological interest.
- (2) An order under this section may be made so as to apply to any area in the Northern Ireland offshore region.
- (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.
- (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).
- (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—
- (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;
- (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;
- (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.
- (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Department, including—
- (a) provision for the charging of fees for permits;
- (b) provision enabling conditions to be attached to a permit;
- (c) provision enabling the Department to limit the number of permits issued by it.
- (7) Head 3 is—
- (a) provision prohibiting or restricting the use of vessels of specified descriptions;
- (b) provision prohibiting or restricting any method of exploiting sea fisheries resources;
- (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;
- (d) provision for determining whether such items are items of a specified description.
- (8) An order under this section may be made—
- (a) subject to specified exceptions or conditions;
- (b) so as to cease to have effect after a specified period.
- (9) An order under this section may make different provision for different cases, including in particular—
- (a) different times of the year,
- (b) different means or methods of carrying out an activity, and
- (c) different descriptions of sea fisheries resources.
- (10) In this section “*specified*” means specified in the order.
- (11) In this section, and in sections 137F to 137H, “*the Department*” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
##### 137F
- (1) Before making an order under section 137E the Department must—
- (a) consult the Secretary of State,
- (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,
- (c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,
- (d) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, and
- (e) consult any other person whom they think fit to consult.
- (2) The Department must publish notice of the making of an order under section 137E.
- (3) The notice under subsection (2) must—
- (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
- (b) give an address at which a copy of the order may be inspected.
- (4) Where the Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region—
- (a) subsection (1) does not apply,
- (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Department.
- (5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order—
- (a) comes into force on a date specified in the order, and
- (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.
- (6) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.
##### 137G
- (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purpose of protecting any feature in any area in that region if the Department thinks—
- (a) that the appropriate authority should consider whether to designate the area as an MCZ, and
- (b) that there is an urgent need to protect the feature.
- (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).
- (3) Subsections (4) to (10) of section 137E apply to an interim order under this section.
- (4) An interim order under this section—
- (a) comes into force on a date specified in the order, and
- (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.
- (5) The Department may by further order extend the period for which the interim order is in force for a period not exceeding 6 months.
- (6) The Department must publish notice of the making of an interim order under this section.
- (7) The notice under subsection (6) must—
- (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
- (b) give an address at which a copy of the order may be inspected;
- (c) state that any person affected by the making of the order may make representations to the Department.
- (8) The Department must keep under review the need for an interim order under this section to remain in force.
- (9) In this section “*feature*” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
##### 137H
- (1) This section applies to any order made under section 137E or 137G.
- (2) The Department must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137F(2).
- (3) The Department must—
- (a) make a copy of any order to which this section applies available for inspection at such place as the Department thinks fit for that purpose at all reasonable hours without payment;
- (b) provide a copy of any such order to any person who requests one.
#### Authorisation to fish
#### Byelaws: emergency procedures
#### Keeping, introduction and removal of fish
#### Isles of Scilly
#### Natural England not to be responder for Civil Contingencies Act 2004
#### Amendments of the Harbours Act 1964
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
#### Electronic communications apparatus
#### Meaning of “enforcement authority”
#### Establishment of inshore fisheries and conservation districts
#### Increase in penalties for certain offences relating to fisheries for shellfish
#### Use of implements of fishing
#### Prohibited implements
#### Licences to fish
#### Duties of the Environment Agency
#### Keeping, introduction and removal of fish
#### Administrative penalty schemes
#### Natural England not to be responder for Civil Contingencies Act 2004
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
##### 243A
- (1) The Welsh Ministers may appoint persons for the purposes of enforcing the Infrastructure (Wales) Act 2024.
- (2) For the purposes referred to in subsection (1), a person appointed under this section has—
- (a) the common enforcement powers conferred by this Act;
- (b) the power conferred by section 263.
- (3) The powers that a person appointed under this section has for the purposes referred to in subsection (1) may be exercised—
- (a) in the Welsh inshore region (and in relation to any vessel, aircraft or marine structure in that region);
- (b) in Wales.
- (4) But the powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.
The following is the Schedule to be inserted as Schedule 1A to the National Parks and Access to the Countryside Act 1949 (c. 97)—
2009-11-12
Marine and Coastal Access Act 2009
original version
Text at this date