Biodiversity Beyond National Jurisdiction Act 2026
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Change 1
14 Power to make regulations
(1) This section applies where the Conference of the Parties takes a decision under— (a) Article 22(1)(a) of the Agreement (decisions on the establishment of area-based management tools, including marine protected areas, and related measures), (b) Article 22(1)(b) of the Agreement (decisions on measures compatible with other legal instruments and frameworks, and certain other matters), or (c) Article 24(1) of the Agreement (decisions to adopt measures to be applied on an emergency basis). (2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of meeting the obligation of the United Kingdom under Article 25(1) of the Agreement (implementing duty of states with respect to activities under their jurisdiction or control) as it applies in relation to the decision. (3) Regulations under this section may, among other things, make provision— (a) that applies in areas beyond national jurisdiction or otherwise outside the United Kingdom; (b) about enforcement; (c) for the charging of fees in relation to the carrying out of functions under the regulations (including enforcement functions); (d) by reference to other documents as issued or having effect from time to time. (4) The provision that may be made in reliance on subsection (3)(b) includes provision— (a) creating a civil sanction or a criminal offence in relation to a failure to comply with requirements imposed by or under the regulations, (b) for an undertaking given by a person to be enforceable as if it were a requirement imposed by or under the regulations, (c) about monitoring compliance with requirements imposed by or under the regulations, (d) about requirements for the making and keeping of records and documents, (e) about requirements to provide information, (f) about the detention of a UK craft, and (g) corresponding or similar to, or applying (with or without modification), any provision of Part 10 of the Merchant Shipping Act 1995 (enforcement officers and powers) or Part 8 of the Marine and Coastal Access Act 2009 (enforcement). (5) Regulations creating a criminal offence may not provide— (a) for an offence under the regulations to be punishable on summary conviction with imprisonment; (b) in relation to Scotland or Northern Ireland— (i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale; (ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum; (c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding 2 years. (6) The consequential provision that may be made by regulations under this section in reliance on section 29(2)(b) includes provision amending or repealing a provision of an Act of Parliament whenever passed (as well as provision made under such an Act).
14 Power to make regulations
(1) This section applies where the Conference of the Parties takes a decision under— (a) Article 22(1)(a) of the Agreement (decisions on the establishment of area-based management tools, including marine protected areas, and related measures), (b) Article 22(1)(b) of the Agreement (decisions on measures compatible with other legal instruments and frameworks, and certain other matters), or (c) Article 24(1) of the Agreement (decisions to adopt measures to be applied on an emergency basis). (2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of meeting the obligation of the United Kingdom under Article 25(1) of the Agreement (implementing duty of states with respect to activities under their jurisdiction or control) as it applies in relation to the decision. (3) Regulations under this section may, among other things, make provision— (a) that applies in areas beyond national jurisdiction or otherwise outside the United Kingdom; (b) about enforcement; (c) for the charging of fees in relation to the carrying out of functions under the regulations (including enforcement functions); (d) by reference to other documents as issued or having effect from time to time. (4) The provision that may be made in reliance on subsection (3)(b) includes provision— (a) creating a civil sanction or a criminal offence in relation to a failure to comply with requirements imposed by or under the regulations, (b) for an undertaking given by a person to be enforceable as if it were a requirement imposed by or under the regulations, (c) about monitoring compliance with requirements imposed by or under the regulations, (d) about requirements for the making and keeping of records and documents, (e) about requirements to provide information, (f) about the detention of a UK craft, and (g) corresponding or similar to, or applying (with or without modification), any provision of Part 10 of the Merchant Shipping Act 1995 (enforcement officers and powers) or Part 8 of the Marine and Coastal Access Act 2009 (enforcement). (5) Regulations creating a criminal offence may not provide— (a) for an offence under the regulations to be punishable on summary conviction with imprisonment; (b) in relation to Scotland or Northern Ireland— (i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale; (ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum; (c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding 2 years. (6) The consequential provision that may be made by regulations under this section in reliance on section 29(2)(b) includes provision amending or repealing a provision of an Act of Parliament whenever passed (as well as provision made under such an Act).
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