297 General provision about the coastal access duty
(1) In discharging the coastal access duty, Natural England and the Secretary of State must comply with the requirements of this section.
(2) They must have regard to—
(a) the safety and convenience of those using the English coastal route,
(b) the desirability of that route adhering to the periphery of the coast and providing views of the sea, and
(c) the desirability of ensuring that so far as reasonably practicable interruptions to that route are kept to a minimum.
(3) They must aim to strike a fair balance between the interests of the public in having rights of access over land and the interests of any person with a relevant interest in the land.
(4) For this purpose a person has a relevant interest in land if the person—
(a) holds an estate in fee simple absolute in possession in the land,
(b) holds a term of years absolute in the land, or
(c) is in lawful occupation of the land.
(1) Natural England must—
(a) prepare a scheme setting out the approach it will take when discharging the coastal access duty, and
(b) submit the scheme to the Secretary of State.
(2) The Secretary of State may—
(a) approve the scheme, with or without modifications, or
(b) reject the scheme and give Natural England a notice requiring it to prepare and submit a new scheme under subsection (1).
(3) The scheme must be submitted to the Secretary of State within the period of 12 months beginning with the day on which this section comes into force or, in a case within subsection (2)(b), within the period specified in the notice.
(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) 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.
(7) Before preparing or revising a scheme under this section, Natural England must consult such persons as it considers appropriate.
(8) Natural England must, as soon as reasonably practicable, publish in such manner as it considers appropriate—
(a) the scheme approved by the Secretary of State, and
(b) where that scheme is revised, the revised scheme.
(9) In discharging the coastal access duty, Natural England must act in accordance with the scheme approved under this section (or, where that scheme has been revised, the revised scheme).
(10) Until such time as there is an approved scheme under this section, Natural England may not prepare or submit a report under section 51 or 55 of the 1949 Act (report containing proposals for long-distance routes) pursuant to the coastal access duty.
(11) Nothing in subsection (10) prevents Natural England from surveying any land in connection with the preparation of such a report.
(1) Where a scheme has been approved under section 298, Natural England may, from time to time, review the scheme (as revised from time to time under that section).
(2) At least one review must be completed within the period of 3 years beginning with the day on which a scheme is first approved under section 298(2).
(3) Natural England must publish a report of each review under this section as soon as reasonably practicable after the review is completed.
(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—
(a) an accessible island, nor
(b) an island specified by the Secretary of State by order for the purposes of this paragraph.
(3) An island is “accessible” if it is possible to walk to the island from the mainland of England, or from another island within subsection (2)(a) or (b), across the foreshore or by means of a bridge, tunnel or causeway.
(4) For the purposes of subsection (3), it is possible to walk to an island even if it is possible to do so at certain times, or during certain periods, only.
(5) An island may be specified by an order under subsection (2)(b) only if the Secretary of State is satisfied that the coast of the island is of sufficient length to enable the establishment of one or more long-distance routes along its length capable of affording the public an extensive journey on foot.
(6) For the purposes of the objective in section 296(2) (the English coastal route), the means of access to an accessible island is (to the extent that it would not otherwise be the case) to be regarded as part of the English coast.
(7) This section is subject to section 307 (Isles of Scilly).
(1) This section applies in a case where the continuity of any part of the English coast is interrupted by a river.
(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—
(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) 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;
(c) the width of the river upstream to that limit;
(d) the recreational benefit to the public of the coastal access duty being extended to apply in relation to the coast adjacent to those waters;
(e) the extent to which the land bordering those waters would, if it were coastal margin, be excepted land;
(f) whether it is desirable to continue the English coastal route to a particular physical feature (whether of the landscape or otherwise) or viewpoint;
(g) the existence of a ferry by which the public may cross the river.
(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)) 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.
(1) After section 55 of the 1949 Act insert—
Proposals relating to the English coastal route
55A (1) Pursuant to the coastal access duty, Natural England may prepare and submit a report under section 51 containing proposals for a route (whether or not the requirements of section 51(1) are satisfied).
(2) For the purposes of subsection (1) it is immaterial whether the route or any part of it is already a route in approved proposals relating to a long-distance route.
(3) In subsections (4) and (5) “preliminary activity” means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty.
(4) Where Natural England considers it necessary or expedient for preliminary activity to be carried out as respects any land, it must—
(a) consider whether it would be appropriate for the access authority in relation to that land to carry out any of the preliminary activity, and
(b) if it concludes that it would be so appropriate, take all reasonable steps to enter into an agreement with the access authority for that purpose.
(5) An access authority may, as respects any land in its area, enter into an agreement with Natural England under which the access authority undertakes to carry out preliminary activity.
(6) In this section “the coastal access duty” means the duty imposed on Natural England and the Secretary of State by section 296(1) of the Marine and Coastal Access Act 2009.
Route subject to erosion etc
55B (1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.
(2) Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the report may set out proposals for the route, or any part of it, to be determined at any time in accordance with provision made in the proposals (rather than as shown on a map).
(3) This subsection applies to an area if it is or may be—
(a) subject to significant coastal erosion or encroachment by the sea, or
(b) subject to significant physical change due to other geomorphological processes.
(4) The provision made by virtue of subsection (2) may, in particular, provide for the route to be determined by reference to the edge of a cliff or boundary of a field (as it exists from time to time).
(5) Where the report contains proposals under subsection (2), the map included in the report in accordance with section 51(2) must show the route as determined, at the time the report is prepared, in accordance with those proposals.
(6) Natural England must consult the Environment Agency before exercising its powers under subsection (2) in respect of an area which is or may be—
(a) subject to significant coastal erosion or encroachment by the sea, or
(b) subject to significant physical change due to other geomorphological processes in relation to which the Agency has functions.
Alternative routes
55C (1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.
(2) The report may include, in relation to the route (“the ordinary route”) or any part of it, a proposal under subsection (3) or (4).
(3) A proposal under this subsection is a proposal for an alternative route which is to operate as a diversion from the ordinary route, or part, during one or both of the following—
(a) any specified period (or periods), and
(b) any period during which access to the ordinary route or part is excluded by reason of a direction under Chapter 2 of Part 1 of the CROW Act (exclusion or restriction of access).
(4) A proposal under this subsection is a proposal for an alternative route which is to operate as an optional alternative to the ordinary route, or part, during any period for which the ordinary route, or part, might reasonably be regarded as unsuitable for use by reason of—
(a) flooding,
(b) the action of the tide,
(c) coastal erosion or encroachment by the sea, or
(d) the effect of any other geomorphological process.
(5) In subsection (3)(a) “specified” means—
(a) specified in, or determined in accordance with, the proposal, or
(b) determined in accordance with the proposal by—
(i) a person specified in the proposal, or
(ii) a person determined in accordance with the proposal, details of whom are notified to Natural England in accordance with the proposal.
(6) Sections 51(2) and 55B apply in relation to an alternative route as they apply in relation to the ordinary route.
Coastal margin
55D (1) This section applies in relation to a report prepared under section 51 pursuant to the coastal access duty.
(2) The proposals set out in the report may include—
(a) a proposal for any part of the landward boundary of the relevant coastal margin to coincide with a physical feature identified in the proposal,
(b) where those proposals include an alternative route, a proposal for any part of the landward or seaward boundary of the alternative route strip to coincide with a physical feature so identified, or
(c) a proposal for the landward or seaward boundary of any area excluded from any description of excepted land to coincide with a physical feature so identified.
(3) The report must contain—
(a) a map showing the landward boundary of the relevant coastal margin, or
(b) a description of that boundary which is sufficient to identify the relevant coastal margin.
(4) Where a map is contained in a report pursuant to subsection (3)(a), Natural England must provide a person with a relevant interest in affected land, on request, with a copy of that map.
(5) The report must set out such proposals (if any) as Natural England considers appropriate as to the directions to be made by it under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access that would arise under section 2(1) of that Act in relation to any land if the proposals in the report were to be approved.
(6) Before preparing the report, Natural England must (in addition to complying with section 51(4))—
(a) take reasonable steps to consult persons with a relevant interest in affected land,
(b) consult any body of a kind mentioned in section 51(4) in whose Park or area affected land is situated (but which is not required to be consulted under section 51(4)),
(c) consult each London borough council for an area in which affected land is situated,
(d) consult each local access forum for an area in which affected land is situated,
(e) consult the Secretary of State in relation to any interests of defence or national security which may be affected by the proposals which Natural England is minded to include in the report,
(f) consult the Historic Buildings and Monuments Commission for England in relation to any interests in the preservation of any monument, structure or other thing, mentioned in section 26(3)(b) of the CROW Act which may be affected by those proposals, and
(g) consult the Environment Agency in relation to any interests in flood defence, or in the management of the effects of coastal erosion or encroachment by the sea, which may be affected by those proposals.
(7) A body within subsection (6)(b), (c) or (d) must provide Natural England with such information as it may reasonably require for the purposes of the report.
(8) Where the Secretary of State is consulted under subsection (6)(e), the Secretary of State must—
(a) provide Natural England with such information as it may reasonably require as to any exclusion or restriction of the right of access to affected land under section 2(1) of the CROW Act which the Secretary of State proposes to make provision for under section 28 of that Act (defence and national security), and
(b) notify Natural England if the Secretary of State is of the opinion that this information, or any part of it, ought not to be disclosed by it on the grounds of the public interest in defence and national security.
(9) Subject to subsection (10), the report must contain such of the information provided under subsection (8)(a) as Natural England considers relevant for the purposes of the report.
(10) The report may not contain information which Natural England has been notified under subsection (8)(b) ought not to be disclosed by it.
Consideration of reports made pursuant to the coastal access duty
55E Schedule 1A contains—
(a) provision about the procedure to be followed when a report is submitted under section 51 pursuant to the coastal access duty;
(b) provision which, in relation to such reports, supplements the provision made by section 52.
Directions under Part 1 of the CROW Act
55F (1) This section applies where approved proposals relating to a long-distance route contain proposals as regards a direction to be made by Natural England under Chapter 2 of Part 1 of the CROW Act for the exclusion or restriction of the right of access that would otherwise arise under section 2(1) of that Act.
(2) Natural England must make the direction in accordance with those proposals.
(3) Subsection (2) is without prejudice to any power Natural England may have to revoke or vary the direction after it is made.
Ferries for the purposes of the English coastal route
55G (1) This section applies where—
(a) pursuant to the coastal access duty, approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, and
(b) an approach route to the ferry is not a highway.
(2) The reference in section 53(1) to the highway authority for either or both of the highways to be connected by the ferry is to be read as including the highway authority in whose area the approach route is situated.
(3) In this section “approach route”, in relation to a ferry, means a part of the English coastal route to be connected to another part of that route by the ferry.
Variation pursuant to the coastal access duty
55H (1) In the case of a report made by Natural England under section 55(1) pursuant to the coastal access duty—
(a) the procedural requirements apply with the necessary modifications, and
(b) section 55(3) does not apply.
(2) The Secretary of State may by regulations provide—
(a) that, in relation to a direction under section 55(2) pursuant to the coastal access duty, the procedural requirements apply with the modifications specified in the regulations, and
(b) that section 55(3) does not apply in relation to such a direction.
(3) The Secretary of State may not make a direction under section 55(2) pursuant to the coastal access duty at a time when there are no regulations under subsection (2) in force.
(4) For the purposes of this section—
“modify” includes amend, add to or repeal, and “modification” is to be construed accordingly;
“the procedural requirements” means sections 51(4) and (5), 52(1) and (2), 55D(6) to (10) and 55E, Schedule 1A and regulations under that Schedule.
Temporary diversions
55I (1) This section applies where Natural England or the Secretary of State gives a direction by virtue of Chapter 2 of Part 1 of the CROW Act which excludes the right of access under section 2(1) of that Act, for any period (“the exclusion period”), in relation to any land over which (or any part of which) the English coastal route or any official alternative route passes.
(2) This section does not apply if the direction by virtue of that Chapter is expressed to have effect indefinitely.
(3) Natural England may give a direction under this section specifying a route (“the temporary route”) which is to apply for the duration of the exclusion period or such part of it as is specified in the direction.
(4) The temporary route specified by Natural England may pass only—
(a) over land which is access land for the purposes of Part 1 of the CROW Act,
(b) over land which, for the purposes of section 1(1) of that Act, is treated by section 15(1) of that Act as being accessible to the public apart from that Act,
(c) along a highway, or
(d) over any other land the owner of which has agreed to the temporary route (so far as it passes over that land).
(5) Natural England must consult the Environment Agency before giving a direction where the temporary route specified passes over land of a type described in subsection (4)(d).
(6) A direction under this section—
(a) must be in writing, and
(b) may be revoked or varied by a subsequent direction under this section.
Interpretation of sections 55A to 55J
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);
“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).
(2) For the purposes of sections 55A to 55I and Schedule 1A, a person has a relevant interest in land if the person—
(a) is the owner of the land,
(b) holds a term of years absolute in the land, or
(c) is in lawful occupation of the land.
(3) Any power conferred by sections 55A to 55I or Schedule 1A to make regulations includes—
(a) power to make different provision for different cases, and
(b) power to make incidental, consequential, supplemental or transitional provision or savings.
(2) After Schedule 1 to the 1949 Act insert the Schedule set out in Schedule 19 to this Act.
(1) Part 1 of the CROW Act (access to the countryside) is amended as follows.
(2) In section 1—
(a) in subsection (1) (definition of “access land”) omit “or” at the end of paragraph (d) and after that paragraph insert—
(da) is coastal margin, or
,
(b) in subsection (2), after the definition of “the appropriate countryside body” insert—
“coastal margin” means land which is of a description specified by an order under section 3A;
,
(c) in that subsection, in the definition of “open country”, in paragraph (b) after “land” insert “ or coastal margin ”, and
(d) in subsection (3), after “2006” insert “ (but is not coastal margin) ”.
(3) In section 2 (rights of public in relation to access land)—
(a) in subsection (3), for “prohibition” to the end substitute “ relevant statutory prohibition ”, and
(b) after that subsection insert—
(3A) In subsection (3) “relevant statutory prohibition” means—
(a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and
(b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.
(4) In section 3 (power to extend to coastal land)—
(a) at the end of the heading insert “ : Wales ”,
(b) in subsection (1) for “Secretary” to “Wales)” substitute “ Welsh Ministers ”, and
(c) in that subsection after “include” insert “ as respects Wales ”.
(5) After that section insert—
Power to extend to coastal land etc: England
3A (1) The Secretary of State may by order specify the descriptions of land in England which are coastal margin for the purposes of this Part.
(2) An order under subsection (1) may, in particular—
(a) describe land by reference to it being—
(i) land over which the line taken by the English coastal route passes,
(ii) land which is adjacent to and within a specified distance of that line, or
(iii) land which is adjacent to land within sub-paragraph (ii),
if the land described under paragraphs (i) to (iii), taken as a whole, is coastal land;
(b) in relation to cases where a proposal of the kind mentioned in section 55B of the 1949 Act (power to determine the route in accordance with provision made in the report) is contained in relevant approved proposals, describe land by reference to the line taken by the English coastal route as it has effect from time to time in accordance with that proposal;
(c) in relation to cases where a proposal of the kind mentioned in section 55C of that Act (alternative routes) is contained in relevant approved proposals, describe land by reference to it being—
(i) land over which the line taken by an official alternative route which is for the time being in operation passes, or
(ii) land which is adjacent to and within a specified distance of that line,
whether or not it is coastal land;
(d) in relation to cases where a proposal of the kind mentioned in section 55D(2)(a) or (b) of that Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of an area of coastal margin is to coincide with a physical feature as provided for in that proposal (and for this purpose it is immaterial if the effect is to include other land as coastal margin or to exclude part of an area of coastal land);
(e) in relation to cases where a direction under subsection (3) of section 55I of that Act (temporary diversions) specifies a route which (or any part of which) passes over land within subsection (4)(d) of that section, describe land by reference to it being—
(i) land over which the line taken by that route (so far as it passes over land within subsection (4)(d) of that section) passes, or
(ii) land which is adjacent to and within a specified distance of that line (so far as it so passes),
whether or not it is coastal land.
(3) For the purposes of subsection (2) it is immaterial whether the English coastal route is in existence at the time the order is made.
(4) An order under subsection (1) may modify the provisions of this Part in their application to land which is coastal margin.
(5) Provision made by virtue of subsection (4) may, in particular—
(a) confer functions on the Secretary of State or Natural England;
(b) if providing for any description of land which is coastal margin to be excluded from any description of excepted land—
(i) describe that land as mentioned in subsection (2)(a)(i) to (iii), (b) or (c), or
(ii) in relation to cases where a proposal of the kind mentioned in section 55D(2)(c) of the 1949 Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of that land (or any part of it) is to coincide with a physical feature as provided for in that proposal.
(6) Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1)—
(a) section 2(1) does not apply in relation to the land by reason of it being coastal margin until the end of the access preparation period in relation to the land,
(b) any direction given under Chapter 2 in relation to the land may be expressed to take effect immediately after the end of that period, and
(c) until the end of that period, the land is not to be regarded as coastal margin—
(i) for the purpose of determining whether it is open country or registered common land, or
(ii) for the purposes of section 1(6AA) of the Occupiers' Liability Act 1984 (duty of occupier of coastal margin to persons other than the occupier's visitors).
(7) Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1), any exclusion or restriction under Chapter 2 of access to the land by virtue of section 2(1) ceases to have effect at the end of the access preparation period.
(8) Subsection (7) does not apply to any exclusion or restriction resulting from a direction under Chapter 2 which takes effect after the end of the access preparation period.
(9) Subsections (6) and (7) do not apply to land if, at the time it becomes coastal margin by virtue of an order under subsection (1), it is already dedicated as coastal margin under section 16.
(10) In this section—
“the 1949 Act” means the National Parks and Access to the Countryside Act 1949;
“access preparation period”, in relation to any land, means the period which—
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);
and references to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) are to be interpreted in accordance with section 21(2) and (3).
(6) In section 16 (dedication of land as access land)—
(a) after subsection (2) insert—
(2A) Where a person makes a dedication under this section in respect of land within subsection (2B), that dedication may also dedicate the land as coastal margin.
(2B) The land within this subsection is—
(a) land which is coastal margin, and
(b) any other land in England which is adjacent to land which is coastal margin.
(2C) Where land is dedicated as coastal margin—
(a) in the case of land within subsection (2B)(b), it is to be treated as coastal margin for the purposes of any provision made by or by virtue of this Part (other than section 1), and
(b) if—
(i) disregarding this paragraph, it would be excepted land, and
(ii) it is not land which is accessible to the public by virtue of any enactment or rule of law (other than this Act),
it is to be treated for the purposes of any provision made by or by virtue of this Part as if it were not excepted land.
,
(b) in subsection (6), omit “and” at the end of paragraph (c) and after that paragraph insert—
(ca) in the case of land within subsection (2B), enable a dedication previously made under this section in respect of the land (otherwise than by virtue of subsection (2A)) to be amended, by the persons by whom a dedication could be made, so as to provide that the land is dedicated as coastal margin for the purposes of subsection (2C),
(cb) provide for any exclusion or restriction under Chapter 2 of access by virtue of section 2(1) which has effect in relation to land which is within subsection (2B)(b) immediately before it is dedicated as coastal margin to cease to have effect at the time the dedication takes effect, and
, and
(c) after subsection (6) insert—
(6A) In subsection (6)(cb) the reference to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) is to be interpreted in accordance with section 21(2) and (3).
(7) In section 20 (codes of conduct and other information)—
(a) in subsection (1), omit “and” at the end of paragraph (a) and after paragraph (b) insert
, and
(c) that, in relation to access land which is coastal margin, the public are informed that the right conferred by section 2(1) does not affect any other right of access that may exist in relation to that land.
, and
(b) after that subsection insert—
(1A) The duty imposed by subsection (1) to issue and revise a code of conduct may be discharged, in relation to access land which is coastal margin, by (or in part by) issuing and revising a separate code relating to such access land only.
(8) In section 44 (orders and regulations under Part 1), in subsection (3) after “section 3” insert “ or 3A(1) ”.
(9) In section 45 (interpretation of Part 1), after the definition of “the appropriate countryside body” insert—
“coastal margin” has the meaning given by section 1(2);
.
305 Restricting liabilities of Natural England and the Secretary of State
(1) No duty of care is owed by Natural England to any person under the law of negligence—
(a) when preparing or submitting proposals under section 51 or 55 of the 1949 Act (long-distance routes and variations of such routes) pursuant to the coastal access duty,
(b) in connection with any failure by it to erect, under paragraph 6 of Schedule 20, a notice or sign of the kind mentioned in sub-paragraph (2)(b) of that paragraph (notices or signs warning of obstacles or hazards), or
(c) in connection with any failure by it to exclude or restrict access under Chapter 2 of Part 1 of the CROW Act to any land which is coastal margin, other than a failure within subsection (2).
(2) A failure is within this subsection if it arises as a result of Natural England—
(a) deciding not to act in accordance with an application under section 24 or 25 of that Act, or
(b) deciding not to act in accordance with representations made by a person on being consulted under section 27(5) of that Act (consultation of original applicant etc before revoking or varying a direction).
(3) In subsections (1) and (2) the references to Natural England include any person acting on its behalf.
(4) No duty of care is owed by the Secretary of State to any person under the law of negligence when—
(a) approving proposals (with or without modifications) under section 52 or 55 of the 1949 Act pursuant to the coastal access duty, or
(b) giving a direction under section 55 of that Act, pursuant to that duty.
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). ”
(1) Subject to the provisions of an order under subsection (2), sections 296 to 301, 304, 305, 308 and 309 and Schedule 20 do not apply in relation to the Isles of Scilly.
(2) The Secretary of State may by order provide for the application of any of those provisions in relation to the Isles of Scilly, subject to such modifications as may be specified in the order.
(3) Before making an order under subsection (2), the Secretary of State must consult the Council of the Isles of Scilly.
(4) The power exercisable under section 111 of the 1949 Act (application to Isles of Scilly as if a separate county) in relation to the provisions of Part 4 of that Act is exercisable in relation to that Part as amended by section 302.
(5) The powers exercisable under section 100(1), (2) and (4) of the CROW Act (application to Isles of Scilly) in relation to provisions of Part 1 of that Act are exercisable in relation to that Part as amended by section 303.
(1) This Part is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.
(2) For this purpose “Crown land” means land an interest in which—
(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,
(b) belongs to Her Majesty in right of the Duchy of Lancaster,
(c) belongs to the Duchy of Cornwall, or
(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
(3) The appropriate authority may enter into—
(a) an agreement under section 35 of the CROW Act (means of access) entered into by Natural England or an access authority by virtue of paragraph 1 of Schedule 20, or
(b) an agreement under paragraph 2 of that Schedule (establishment and maintenance of the English coastal route),
as respects an interest in Crown land held by or on behalf of the Crown.
(4) An agreement described in subsection (3)(a) or (b) as respects any other interest in Crown land is of no effect unless approved by the appropriate authority.
(5) The “appropriate authority” means—
(a) in the case of land which belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having management of the land in question;
(b) in the case of land which belongs to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual, or if no such appointment is made, the Secretary of State;
(c) in the case of land which belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(d) in the case of land which belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;
(e) in the case of land which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department.
(6) If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final.
(7) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
In this Part—
“the 1949 Act” has the meaning given by section 296(8);
“access authority”, in relation to any land, has the same meaning as in Part 1 of the CROW Act;
“the coastal access duty” has the meaning given by section 296(4);
“coastal margin” means land which is coastal margin for the purposes of Part 1 of the CROW Act (including any land treated as coastal margin by virtue of section 16 of that Act);
“the CROW Act” has the meaning given by section 296(8);
“the English coast” has the meaning given by section 300;
“the English coastal route” has the meaning given by section 296(3);
“estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
“functions” includes powers and duties;
“long-distance route” means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);
“the sea”, subject to section 301, does not include any part of a river which is upstream of the seaward limit of the river's estuarial waters.
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—
Matter 16.2
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).
Matter 16.3
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.
Interpretation of this field
In this field—
“coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
“estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
“highway” has the same meaning as in the Highways Act 1980;
“public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;
“qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;
“relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;
“sea” includes the relevant upstream waters of a river;
and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.
311 Area in which functions of Natural England exercisable
(1) Section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16) (constitution of Natural England) is amended as follows.
(2) In subsection (3) (area in which functions exercisable) after “in relation to England” insert “ (including, where the context requires, the territorial sea adjacent to England) ”.
(3) After subsection (3) insert—
(3A) An order or Order in Council made—
(a) under section 158(3) of the Government of Wales Act 2006 for the purposes of determining which waters are treated as being adjacent to Wales, or
(b) under section 126(2) of the Scotland Act 1998 for the purposes of determining which waters are treated as being adjacent to Scotland,
applies for the purposes of this section as it applies for the purposes of the Act under which it is made.
.
(1) In the Energy Act 2008 (c. 32), after Part 4 (decommissioning of energy installations) insert—
Part 4A Works detrimental to navigation
Consent required for carrying out of certain operations
Restriction of works detrimental to navigation
82A (1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).
(2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.
(3) Subject to that, subsection (1) applies to an operation if—
(a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently),
(b) it is of a description falling within subsection (4), and
(c) it may be carried out only with a permission falling within subsection (5).
(4) The descriptions of operations are—
(a) the construction, alteration, improvement, dismantlement or abandonment of any works;
(b) the deposit of any object or materials;
(c) the removal of any object or materials.
(5) The permissions are—
(a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934,
(b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences),
(c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines),
and see also subsection (6).
(6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.
(7) In the case of an authorised exploration or exploitation operation (see subsection (8))—
(a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes
(b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
(8) In this Part “authorised exploration or exploitation operation” means any operation—
(a) which is of a description falling within subsection (4)(a), and
(b) which may be carried out only with a permission falling within subsection (5).
Applications for consent under section 82A
82B (1) The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary.
(2) On receipt of any such application, the Secretary of State may cause to be published notice of—
(a) the application, and
(b) the time within which, and the manner in which, objections to the application may be made.
(3) Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application.
(4) The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent.
Determination of applications for consent under section 82A
82C (1) If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) applies.
(2) In any such case, the Secretary of State must either—
(a) refuse to give consent, or
(b) give consent subject to such conditions as the Secretary of State considers appropriate.
(3) In exercising functions under subsection (2), the Secretary of State must have regard to the nature and extent of the obstruction or danger which it appears to the Secretary of State would otherwise be caused or be likely to result.
(4) In the case of an authorised exploration or exploitation operation—
(a) any reference in subsection (1) or (3) to an operation being likely to result in obstruction or danger to navigation,includes
(b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.
(5) A consent of the Secretary of State under section 82A may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent.
(6) Subsection (5) applies in relation to the renewal of a consent as it applies in relation to the giving of consent.
Authorised exploration or exploitation operations: consent conditions
82D (1) This section applies where the Secretary of State has given consent for an authorised exploration or exploitation operation, but subject to a condition (a “consent condition”).
(2) A consent condition shall either—
(a) remain in force for a specified period, or
(b) remain in force without limit of time,
but this is subject to subsection (5).
(3) A consent condition, in addition to binding the person to whom the consent is given, also binds, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question.
(4) Where—
(a) a consent condition relates to the taking of navigational precautions, and
(b) the Secretary of State considers it appropriate to vary the condition in the interests of the safety of navigation (whether or not the operation has been completed),
the Secretary of State may vary the condition for the purpose of enhancing the effectiveness of the aids to navigation which are to be provided or the other measures which are to be taken.
(5) The Secretary of State may revoke any consent condition.
(6) In this section “taking of navigational precautions” means any of the following—
(a) the provision of any lights, signals or other aids to navigation;
(b) the stationing of guard ships in the vicinity of the works in question;
(c) the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works.
Directions by the Secretary of State
Secretary of State's power of direction
82E (1) This section applies if—
(a) the person to whom a consent under section 82A is given fails to comply with any provision of the consent, or
(b) a person who, by virtue of section 82D(3), is bound by a consent condition fails to comply with the condition.
(2) The Secretary of State may direct that person (the “defaulter”) to take steps which the Secretary of State considers necessary or appropriate to comply with the provision or condition within a period specified in the direction.
(3) The Secretary of State must consult the defaulter before giving a direction under subsection (2).
(4) If the defaulter fails to comply with a direction under subsection (2), the Secretary of State may—
(a) comply with the direction on behalf of the defaulter, or
(b) make arrangements for another person to do so.
(5) A person taking action by virtue of subsection (4) may—
(a) do anything which the defaulter could have done, and
(b) recover from the defaulter any reasonable costs incurred in taking the action.
(6) A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (4) notified P of the sum payable and ending with the date of payment.
(7) The rate of interest payable in accordance with subsection (6) is a rate determined by the Secretary of State as comparable with commercial rates.
(8) The defaulter must provide a person taking action by virtue of subsection (4) with such assistance as the Secretary of State may direct.
(9) The power to give a direction under this section is without prejudice to any provision made—
(a) in the consent, with regard to the enforcement of any of its provisions, or
(b) in the condition, with regard to the enforcement of the condition.
Emergency safety requirements
Damage to, or changes in, the works: emergency safety notices
82F (1) This section applies in any case where—
(a) the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and
(b) at any time after the giving of that consent, the condition in subsection (2) is met.
(2) The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—
(a) any substantial damage to any works to which the relevant consent relates, or
(b) any other substantial and unforeseen change in the state or position of any such works.
(3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.
(4) By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).
(5) Those matters are—
(a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
(b) the stationing of guard ships in the vicinity of those works.
(6) An emergency safety notice may be served by the Secretary of State whether or not—
(a) the operation in question has been completed, or
(b) any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).
Emergency safety notices: supplementary provisions
82G (1) If the consent holder fails to comply with an emergency safety notice within the time allowed, the Secretary of State may—
(a) comply with the notice on behalf of the consent holder, or
(b) make arrangements for another person to do so.
(2) For the purposes of subsection (1) “the time allowed” is the period of 24 hours beginning with the time when the emergency safety notice is served on the consent holder or as soon after the end of that period as is reasonably practicable.
(3) A person taking action by virtue of subsection (1) may—
(a) do anything which the consent holder could have done, and
(b) recover any reasonable costs incurred in taking the action from such one or more persons falling within subsection (4) as the Secretary of State considers appropriate.
(4) The persons are—
(a) the consent holder;
(b) any other person or persons bound by a consent condition by virtue of section 82D(3).
(5) A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must also pay interest on that sum for the period beginning with the day on which the person taking action by virtue of subsection (1) notified P of the sum payable and ending with the date of payment.
(6) The rate of interest payable in accordance with subsection (5) is a rate determined by the Secretary of State as comparable with commercial rates.
(7) Once an emergency safety notice has been complied with (whether by the consent holder or otherwise)—
(a) the requirements of the notice are, subject to subsection (8), to be treated for the purposes of this Part as conditions subject to which the consent was given, but
(b) section 82D(2) and (5) are not to apply in the case of those requirements.
(8) If it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, the Secretary of State must revoke the requirements by notice served on the consent holder.
(9) Where the Secretary of State has served an emergency safety notice in respect of any particular circumstances, subsection (7) does not preclude the Secretary of State from serving a further such notice in respect of those circumstances.
Failure to comply with condition: immediate action notice
82H (1) This section applies where—
(a) a consent under section 82A(1) has been given subject to conditions,
(b) a person falling within subsection (2) fails to comply with a condition, and
(c) it appears to the Secretary of State that any danger to navigation has arisen by reason of the failure to comply with the condition.
(2) The persons are—
(a) the consent holder;
(b) any person bound by the condition by virtue of section 82D(3).
(3) If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “immediate action notice”) on the person, imposing on the person one or more specified requirements falling within subsection (4).
(4) The requirements are—
(a) a requirement to comply with the condition;
(b) a requirement to take any specified action or actions to remedy the failure to comply with the condition.
(5) Subsections (1) to (6) of section 82G apply in relation to a person and an immediate action notice as they apply in relation to the consent holder and an emergency safety notice.
(6) In this section “specified” means specified in the immediate action notice.
Enforcement
Carrying out operation without consent etc
82I (1) It is an offence for a person—
(a) to carry out an operation to which subsection (1) of section 82A applies without the written consent of the Secretary of State under that subsection, or
(b) to fail to comply with a condition of such a consent.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Offences relating to consents
82J (1) It is an offence for a person to make a statement which the person knows to be false, or recklessly to make a statement which is false, in order to obtain the consent of the Secretary of State under section 82A(1).
(2) It is an offence for a person to fail to disclose information which the person knows, or ought to know, to be relevant to an application for the consent of the Secretary of State under section 82A(1).
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
Failure to comply with direction under section 82E
82K (1) It is an offence for a person to fail to comply with a direction under section 82E, unless the person proves that due diligence was exercised in order to avoid the failure.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Failure to comply with notice under section 82F or 82H
82L (1) It is an offence for a person to fail to comply with—
(a) an emergency safety notice, or
(b) an immediate action notice,
within the time allowed (within the meaning of section 82G(1)).
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
Injunctions restraining breaches of section 82A(1)
82M (1) Where the Secretary of State considers it necessary or expedient to restrain any actual or apprehended breach of section 82A(1), the Secretary of State may apply to the court for an injunction or, in Scotland, an interdict.
(2) An application may be made whether or not the Secretary of State has exercised, or is proposing to exercise, any of the other powers under this Part.
(3) On an application under subsection (1), the court may grant such an injunction or interdict as the court considers appropriate for the purpose of restraining the breach.
(4) Rules of court may provide for an injunction or interdict to be issued against a person whose identity is unknown.
(5) In this section “the court” means—
(a) the High Court, or
(b) in Scotland, the Court of Session.
Inspectors
82N (1) The Secretary of State may appoint persons to act as inspectors to assist in carrying out the functions of the Secretary of State under this Part.
(2) The Secretary of State may make payments, by way of remuneration or otherwise, to inspectors appointed under this section.
(3) The Secretary of State may make regulations about—
(a) the powers and duties of inspectors appointed under this section;
(b) the powers and duties of any other person acting on the directions of the Secretary of State in connection with a function under this Part;
(c) the facilities and assistance to be accorded to persons mentioned in paragraph (a) or (b).
(4) The powers conferred by virtue of subsection (3) may include powers of a kind specified in section 108(4) of the Environment Act 1995 (powers of entry, investigation, etc).
(5) Any regulations under this section may provide for the creation of offences which are punishable—
(a) on summary conviction, by a fine not exceeding the statutory maximum or such lesser amount as is specified in the regulations, and
(b) on conviction on indictment, by a fine.
Criminal proceedings
82O (1) Proceedings for a relevant offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(2) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) does not apply to any proceedings for a relevant offence.
(3) In this section “relevant offence” means—
(a) an offence under this Part, or
(b) an offence created by regulations under section 82N.
Supplementary provisions
Power to extend the application of this Part
82P (1) The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region.
(2) The operations must be operations—
(a) which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both),
(b) which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and
(c) which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger.
(3) The reference in subsection (1) to “the Scottish inshore region” includes a reference to—
(a) the shore adjoining that region, and
(b) any land in Scotland adjoining or adjacent to that shore.
(4) If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures—
(a) section 82A(3)(c) does not apply in relation to the operation, but
(b) paragraph (a) is subject to any different modification or other provision to the contrary made by an order under this section.
(5) For the purposes of this section “installation abandonment measures” are any measures taken in connection with the abandonment of—
(a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998, or
(b) a carbon storage installation, within the meaning of section 30 of this Act,
whether or not the measures are taken in pursuance of an abandonment programme.
(6) In subsection (5) “abandonment programme” means—
(a) an abandonment programme under Part 4 of the Petroleum Act 1998;
(b) an abandonment programme under that Part, as it applies by virtue of section 30 of this Act.
(7) In this section “specified” means specified in the order.
Interpretation of this Part
82Q In this Part—
“authorised exploration or exploitation operation” has the meaning given by section 82A(8);
“consent holder” means the person to whom a consent under section 82A is given;
“emergency safety notice” is to be read in accordance with section 82F(3);
“immediate action notice” is to be read in accordance with section 82H(3);
“regulated zone” means the area that consists of—
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.
.
(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),
.
(1) Any power conferred by this Act on the Secretary of State, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department to make regulations or an order includes—
(a) power to make different provision for different cases, and
(b) power to make incidental, consequential, supplemental or transitional provision or savings.
(2) The power conferred by subsection (1)(b) includes power, for the purpose of making any such provision or savings, to amend any primary or secondary legislation passed or made before, or in the same Session as, this Act.
(3) Any power conferred by this Act on the Secretary of State, the Scottish Ministers or the Welsh Ministers to make regulations or an order is exercisable by statutory instrument.
(4) Subsections (2) and (3) do not apply to—
(a) an order made under any of sections 116 to 137G (orders made for the purpose of designating, or furthering the objectives of, MCZs etc);
(b) an order made under section 159 (orders amending or revoking byelaws made by IFC authorities).
(5) Any regulations or order made under this Act by a Northern Ireland department are to be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1513 (N.I. 12)).
(6) A statutory instrument or statutory rule which contains (whether alone or with other provisions)—
(za) any order under section 137E that contains provision for the charging of fees for permits (including provision changing the levels of fees),
(a) any regulation or order which by virtue of subsection (2) or section 188(2)(d) makes provision amending primary legislation, or
(b) any regulation or order under any of the provisions specified in subsection (7),
is subject to draft affirmative procedure.
(7) The provisions are—
(a) section 43(5)(a);
(b) section 66(3);
(c) section 73;
(d) section 93 or 95;
(e) section 98(1) by virtue of section 98(2);
(f) section 108;
(g) section 141(5);
(h) section 142;
(i) section 232;
(j) paragraph 6 of Schedule 1.
(8) A statutory instrument or statutory rule made under this Act which is not subject to—
(a) draft affirmative procedure, or
(b) Commons draft affirmative procedure,
is subject to negative resolution procedure.
(9) Subsection (8) does not apply to a statutory instrument containing only orders under section 324 (commencement orders).
(10) In this Act—
“draft affirmative procedure” means—
in relation to any Order in Council, or any statutory instrument made by the Secretary of State, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;
in relation to any statutory instrument made by the Scottish Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament;
in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;
in relation to any statutory rule made by a Northern Ireland department, a requirement that a draft of the rule be laid before, and approved by a resolution of, the Northern Ireland Assembly;
“negative resolution procedure” means—
in relation to any Order in Council, or any statutory instrument made by the Secretary of State, annulment in pursuance of a resolution of either House of Parliament;
in relation to any statutory instrument made by the Scottish Ministers, annulment in pursuance of a resolution of the Scottish Parliament;
in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales;
in relation to any statutory rule made by a Northern Ireland department, negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 N.I.).
(11) In this section—
“Commons draft affirmative procedure” means, in relation to any statutory instrument, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons;
“primary legislation” means—
an Act of Parliament;
an Act of the Scottish Parliament;
a Measure of the National Assembly for Wales;
Northern Ireland legislation;
“secondary legislation” means subordinate legislation or any other instrument made under primary legislation.
(1) Any directions given under this Act must be in writing.
(2) Any power conferred by this Act to give a direction includes power, exercisable in the same manner and subject to the same conditions or limitations, to vary or revoke the direction.
(1) Where an offence under this Act has been committed by a body corporate and it is proved that the offence—
(a) has been committed with the consent or connivance of a person falling within subsection (2), or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
(2) The persons are—
(a) a director, manager, secretary or similar officer of the body corporate;
(b) any person who was purporting to act in such a capacity.
(3) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
(4) Where an offence under this Act has been committed by a Scottish firm and it is proved that the offence—
(a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
319 Disapplication of requirement for consent to certain prosecutions
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.
320 Power to make transitional provisions and savings
(1) The Secretary of State may by order make such transitional provision or savings as the Secretary of State considers necessary or expedient in consequence of any provisions of this Act.
(2) The power conferred by subsection (1) includes power to make provision in addition to, or different from, that made by this Act.
(1) In this Act—
“baseline” means the baseline from which the breadth of the territorial sea is measured;
“British fishery limits” has the meaning given by section 1 of the Fishery Limits Act 1976 (c. 86);
“draft affirmative procedure” has the meaning given in section 316;
“English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;
“English offshore region” means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following—
the Scottish offshore region;
the Welsh offshore region;
the Northern Ireland offshore region;
“exclusive economic zone” means any area for the time being designated by an Order in Council under section 41(3);
“financial year” means any period of twelve months ending with 31st March (except where the context otherwise requires);
“general objective”, in relation to the MMO, is to be read in accordance with section 2(1);
“marine policy statement” is to be construed in accordance with sections 44 and 47;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
“the MMO” means the Marine Management Organisation;
“MPS” means a marine policy statement;
“nautical mile” means an international nautical mile of 1,852 metres;
“negative resolution procedure” has the meaning given in section 316;
“Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
“Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (c. 47) (see section 98(1) and (8) of that Act);
“notice” means notice in writing;
“public authority” means any of the following—
a Minister of the Crown;
a public body;
a public office holder;
“public body” includes—
a government department;
a Northern Ireland department;
a local authority (see subsection (2));
a local planning authority;
a statutory undertaker (see subsection (2));
“public office holder” means a person holding any of the following offices—
an office under the Crown;
an office created or continued in existence by a public general Act or by devolved legislation (see subsection (3));
an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature (see subsection (3));
“renewable energy zone” means any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);
“Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
“Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of—
areas of sea which lie within the Scottish zone, 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) (see section 126(1) and (2) of that Act);
“sea”, except in Part 9 (coastal access), is to be read in accordance with section 42(3) and (4);
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21 of that Act);
“territorial sea” means the territorial sea of the United Kingdom;
“UK marine area” has the meaning given by section 42;
“UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c. 29);
“Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;
“Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;
“Welsh zone” has the same meaning as in the Government of Wales Act 2006 (c. 32) (see section 158(1) and (3) of that Act).
(2) In the definition of “public body” in subsection (1)—
“local authority” means—
in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Scotland, a council for any local government area constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994 (c. 39);
in relation to Wales, a county council, a county borough council or a community council;
in relation to Northern Ireland, a district council;
“statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of any of the following—
Part 11 of the Town and Country Planning Act 1990 (c. 8);
Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8);
the Planning Act (Northern Ireland) 2011.
(3) For the purposes of the definition of “public office holder” in subsection (1)—
“devolved legislation” means legislation passed by a devolved legislature;
“devolved legislature” means—
the Scottish Parliament;
the National Assembly for Wales;
the Northern Ireland Assembly.
(4) Subsection (5) applies to the question of which waters, or parts of the sea, of any particular description—
(a) are adjacent to Northern Ireland (and, in consequence, are not adjacent to England, Wales or Scotland), or
(b) are not adjacent to Northern Ireland (and, in consequence, are not precluded from being adjacent to England, Wales or Scotland).
(5) The question is to be determined by reference to an Order in Council under section 98(8) of the Northern Ireland Act 1998 (c. 47) if, or to the extent that, the Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
(6) Subsection (7) applies to the question of which waters, or parts of the sea, of any particular description—
(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or
(b) are not adjacent to Wales (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).
(7) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
(8) Subsection (9) applies to the question of which waters, or parts of the sea, of any particular description—
(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or
(b) are not adjacent to Scotland (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).
(9) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—
(a) by virtue of this subsection, for the purposes of this Act, or
(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.
(1) Subject to the following provisions of this section, this Act extends to England and Wales only.
(2) The amendment or repeal of any enactment (including an enactment comprised in subordinate legislation) by, or in consequence of, the following provisions of this Act has the same extent as the enactment amended or repealed—
(a) Part 1 (the MMO);
(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone), other than paragraph 2 of Schedule 4;
(c) Chapter 3 of Part 7 (migratory and freshwater fish);
(d) Chapter 4 of Part 7 (obsolete fisheries enactments);
(e) Part 9 (coastal access);
(f) in Part 10—
(i) sections 311 and 312 (Natural England);
(ii) section 313 (Countryside Council for Wales);
(iii) section 314 (which inserts Part 4A into the Energy Act 2008 (c. 32));
(g) Schedule 14 (minor and consequential amendments relating to IFC authorities).
(3) Subject to subsection (2)—
(a) any repeal in Schedule 22 (and section 321 so far as relating to the repeal) has the same extent as the provisions of this Act to which the repeal relates, but
(b) paragraph (a) is subject to any provision in the notes in that Schedule.
(4) Subject to subsection (2), the following provisions also extend to Scotland—
(a) Part 1 (the MMO);
(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone);
(c) Part 3 (marine planning);
(d) Part 4 (marine licensing), other than paragraph 1 of Schedule 8;
(e) Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;
(f) in Chapter 1 of Part 6, sections 165, 166 and 186 (powers of IFC officers etc);
(g) in Part 7 (fisheries)—
(i) sections 212 and 213 (crabs and lobsters);
(ii) section 232 (keeping, introduction and removal of fish);
(h) in Part 8 (enforcement), Chapters 1 to 5 and section 295;
(i) this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).
(5) Subject to subsection (2), the following provisions also extend to Northern Ireland—
(a) Part 1 (the MMO);
(b) Part 2 (exclusive economic zone, UK marine area and Welsh zone);
(c) Part 3 (marine planning);
(d) Part 4 (marine licensing), other than paragraph 1 of Schedule 8;
(e) Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and 12;
(f) in Part 8 (enforcement), Chapters 1 to 5 and section 295;
(g) this Part (other than section 321 and Schedule 22, except as provided by subsection (2) or (3)).
(6) The amendments and repeals made by this Act to provisions of the Food and Environment Protection Act 1985 (c. 48) do not extend to any of the Channel Islands or any British overseas territory.
(7) Her Majesty may by Order in Council—
(a) provide for any of the provisions of Part 4 (marine licensing) or this Part, so far as relating to Part 4, to extend, with or without modifications, to any of the territories specified in subsection (8), and
(b) where any such provision is made in relation to any of those territories, repeal any provisions of Part 2 or 4 of the Food and Environment Protection Act 1985 (deposits in the sea etc) as they have effect as part of the law of that territory.
(8) The territories mentioned in subsection (7) are—
(a) the Bailiwick of Jersey;
(b) the Falkland Islands;
(c) South Georgia and the Sandwich Islands;
(d) St Helena and Dependencies.
(9) In section 24 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to extend provisions of that Act to Isle of Man or Channel Islands), as it applies in relation to the Bailiwick of Guernsey, any reference to a provision of that Act includes a reference to that provision as amended by any provision of Chapter 1 of Part 7 of this Act.
(10) The amendments made by—
(a) paragraph 2 of Schedule 4 (amendments to the Fishery Limits Act 1976 (c. 86)),
(b) section 212 (taking of crabs and lobsters for scientific purposes), and
(c) section 213 (orders prohibiting the taking and sale of certain lobsters),
do not extend to the Isle of Man or the Channel Islands.
(1) The following provisions of this Act come into force on the day on which this Act is passed—
(a) in Part 3 (marine planning)—
(i) paragraphs 4(1) to (4), 5 and 6 of Schedule 5 (statement of public participation relating to MPS) and, so far as relating to those paragraphs, paragraphs 1 and 2 of that Schedule;
(ii) sections 44(1)(b) and (5) and 45(4), so far as relating to those paragraphs;
(b) this Part, other than section 321 and Schedule 22;
(c) any power of a Minister of the Crown, the Scottish Ministers, the Welsh Ministers or a Northern Ireland department to make regulations or an order under or by virtue of this Act;
(d) any power to make an Order in Council under the Government of Wales Act 2006 (c. 32) by virtue of the amendments made by section 43 and paragraph 6 of Schedule 4 (Welsh zone).
(2) So far as not already brought into force by virtue of subsection (1), the following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
(a) Part 3 (marine planning);
(b) in Part 5—
(i) Chapter 1 (MCZs), so far as not relating to MCZs in Wales;
(ii) Chapter 2 (other conservation sites), so far as not relating to Wales;
(c) sections 190 to 193 (inshore fisheries in Wales);
(d) Part 9 (coastal access).
(3) Subject to subsection (4), the other provisions of this Act come into force on an appointed day.
(4) Any repeal in Schedule 22 (and section 321 so far as relating to the repeal) comes into force in the same way as the provisions of this Act to which the repeal relates.
(5) In this section “appointed day” means such day or days as the Secretary of State may by order appoint.
(6) The power conferred by subsection (5) is exercisable by the Welsh Ministers (and not the Secretary of State) in relation to the following provisions—
(a) so far as relating to MCZs in Wales—
(i) Chapter 1 of Part 5 (MCZs);
(ii) the repeals in Schedule 22 relating to that Chapter;
(iii) section 321 so far as relating to those repeals;
(b) Chapter 2 of Part 5 (other conservation sites), so far as relating to Wales;
(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));
(ii) the repeals in Schedule 22 relating to that section;
(iii) section 321 so far as relating to that section and those repeals.
(7) An order under subsection (5) may appoint different days for different purposes.
(8) In this section “Wales” includes the Welsh inshore region.
Section 1
Status of the MMO
1 (1) The MMO is a body corporate.
(2) The MMO is not to be regarded—
(a) as a servant or agent of the Crown,
(b) as enjoying any status, privilege or immunity of the Crown, or
(c) as exempt, by virtue of any connection with the Crown, from any tax, duty, rate, levy or other charge whatsoever, whether general or local,
and the property of the MMO is not to be regarded as property of, or held on behalf of, the Crown.
(3) Accordingly, employees of the MMO are not to be regarded as—
(a) servants or agents of the Crown, or
(b) enjoying any status, immunity or privilege of the Crown.
The chair of the MMO
2 A person (the “chair of the MMO”) is to be appointed by the Secretary of State to chair the MMO.
Membership
3 (1) The members of the MMO are to be—
(a) the person who is for the time being the chair of the MMO, and
(b) not fewer than 5, nor more than 8, other members (“ordinary members”) who are to be appointed by the Secretary of State.
(2) The Secretary of State must consult the chair of the MMO before appointing any of the ordinary members.
(3) If a person who is an ordinary member is to become the chair of the MMO, the appointment as ordinary member ceases immediately before the person becomes the chair of the MMO.
The deputy chair of the MMO
4 The Secretary of State may appoint one of the ordinary members to be the deputy chair of the MMO (“the deputy chair”).
Considerations in making appointments
5 In appointing any person to be the chair of the MMO or an ordinary member, the Secretary of State must have regard to the desirability—
(a) of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the MMO's functions, and
(b) of securing that a variety of skills and experience is available among the members.
Power to amend the numbers of members specified in paragraph 3(1)
6 (1) The Secretary of State may by order amend paragraph 3(1) so as to substitute a different number for any of the numbers for the time being specified there.
(2) An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that it provides that there may be fewer than 5 ordinary members.
Terms of appointment
7 (1) A person appointed as—
(a) the chair of the MMO, or
(b) an ordinary member,
holds and vacates office in accordance with the terms of the appointment.
(2) A person appointed as the deputy chair holds and vacates that office in accordance with any particular terms of appointment there may be in the case of that appointment in addition to the terms of the person's appointment as an ordinary member.
(3) Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.
(4) The terms of appointment to any office in any particular case are to be such as the Secretary of State may determine.
(5) No appointment is to be for longer than 5 years.
(6) No person may be a member for a total period of more than 10 years (whether or not continuous).
Resignation from office
8 A person may, by giving notice to the Secretary of State, resign from office as—
(a) the chair of the MMO,
(b) the deputy chair, or
(c) an ordinary member.
Suspension from, or termination of, office
9 (1) The Secretary of State may suspend or terminate the appointment of any person as the chair of the MMO, the deputy chair, or an ordinary member, if—
(a) the person has become bankrupt or made an arrangement with creditors,
(b) the person's estate has been sequestrated in Scotland or the person has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, granted a trust deed for creditors,
(c) the person has been absent from meetings of the MMO for a period of more than 6 months without the permission of the MMO,
(d) the person is disqualified from acting as a company director,
(e) the person has been convicted (whether before or after appointment) of a criminal offence, the conviction not being spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53),
or if the person is, in the opinion of the Secretary of State, unable or unfit to discharge the functions of the appointment for any other reason.
(2) A person whose appointment as the chair of the MMO is suspended is accordingly also suspended as a member.
(3) If a person's appointment as an ordinary member is suspended, any appointment of that person as the deputy chair is also suspended.
Eligibility for re-appointment
10 A person who ceases to hold any of the following offices—
(a) chair of the MMO,
(b) deputy chair,
(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) or (c), from subsequently becoming a member again).
Members' remuneration and allowances
11 The MMO may pay to its members such remuneration and allowances as the Secretary of State may determine.
Pensions, allowances and gratuities
12 If required to do so by the Secretary of State, the MMO must—
(a) pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a member;
(b) pay such sums as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.
Compensation for loss of office
13 If—
(a) a person ceases to be a member, and
(b) it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation,
the Secretary of State may require the MMO to make such payments to the person as the Secretary of State may determine.
Chief executive
14 (1) The MMO must appoint a person to be its chief executive.
(2) The person appointed must have been approved by the Secretary of State.
(3) The chief executive is an employee of the MMO.
(4) The Secretary of State may appoint the first chief executive.
Chief scientific adviser
15 (1) The MMO must appoint a person to be its chief scientific adviser.
(2) The chief scientific adviser is an employee of the MMO.
(3) The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.
Other staff
16 (1) The MMO may appoint other employees.
(2) The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.
Staff remuneration and allowances
17 (1) The MMO may pay such remuneration and allowances as it may determine to any of its employees.
(2) The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.
Staff pensions etc
18 (1) The MMO may—
(a) pay such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the MMO;
(b) pay such sums as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.
(2) The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.
Staff superannuation
19 (1) Employment with the MMO is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.
(2) Accordingly, in Schedule 1 to that Act (kinds of employment to which the Act applies) insert at the appropriate place—
Marine Management Organisation.
(3) The MMO must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.
Procedure
20 Subject to the following provisions of this Schedule, the MMO may regulate—
(a) its own procedure (including quorum), and
(b) the procedure of any of its committees or sub-committees (including quorum).
Delegation of functions
21 (1) The MMO may authorise a committee, sub-committee, member or employee of the MMO to exercise any of the MMO's functions.
(2) The MMO must keep a record of any authorisations under sub-paragraph (1).
(3) Sub-paragraph (1) does not—
(a) prevent the MMO from exercising the function itself, or
(b) affect the power of the MMO to authorise an employee of the MMO to carry out functions of the MMO.
Membership of committees and sub-committees
22 (1) A committee or sub-committee may include persons who are not members of the MMO.
(2) The MMO may pay such remuneration and allowances as it may determine to any person who—
(a) is a member of a committee or sub-committee, but
(b) is not a member of the MMO.
(3) The MMO may only make a determination under sub-paragraph (2) with the approval of the Secretary of State.
Validity of proceedings
23 The validity of anything done by the MMO, or by any committee or sub-committee of the MMO, is not affected by any of the following—
(a) any vacancy in the office of chair of the MMO or chair of the committee or sub-committee,
(b) any deficiency in the number of ordinary members or in the number of members of the committee or sub-committee,
(c) any defect in, or suspension of, any person's appointment as the chair or other member of the MMO or of the committee or sub-committee.
Application of seal and proof of documents
24 (1) The application of the MMO's seal must be authenticated by the signature of—
(a) a member who is authorised (generally or specially) for that purpose, or
(b) an employee of the MMO who is so authorised.
(2) A document purporting to be duly executed under the seal of the MMO is to be received in evidence and taken to be so executed, unless the contrary is shown.
Documents served etc by the MMO
25 (1) Any document which the MMO is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the MMO by any member or employee of the MMO who has been authorised for the purpose, whether generally or specially, by the MMO.
(2) Every document purporting—
(a) to be an instrument made or issued by or on behalf of the MMO, and
(b) to be signed by a person authorised by the MMO for the purpose,
is to be received in evidence and taken to be so made or issued, unless the contrary is shown.
Annual report
26 (1) For each financial year, the MMO must prepare an annual report on how it has discharged its functions during the year.
(2) The MMO must send the report to the Secretary of State as soon as possible after the end of the year to which it relates.
(3) The Secretary of State must lay a copy of the report before each House of Parliament.
(4) In this paragraph “financial year” means—
(a) the period that—
(i) begins with the day on which the MMO is established, and
(ii) ends with the next 31st March,
(b) each subsequent period of 12 months ending with 31st March.
Accounts and records
27 (1) The MMO must keep proper accounts and proper records in relation to the accounts.
(2) For each financial year, the MMO must prepare a statement of accounts in respect of that financial year.
(3) The statement must be in such form as the Secretary of State may direct.
(4) Within such period as the Secretary of State may direct, the MMO must send a copy of the statement to—
(a) the Secretary of State, and
(b) the Comptroller and Auditor General.
(5) In this paragraph “financial year” has the same meaning as in paragraph 26.
Audit
28 (1) This paragraph applies where, in pursuance of paragraph 27, the MMO has sent a copy of a statement of accounts to the Comptroller and Auditor General.
(2) The Comptroller and Auditor General must—
(a) examine, certify and report on the statement, and
(b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.
(3) The Secretary of State must lay before each House of Parliament a copy of the certified statement and of the report.
Duty to provide information to the Secretary of State
29 (1) The MMO must provide the Secretary of State with—
(a) copies of such returns or accounts, or
(b) such information,
as the Secretary of State may require.
(2) Sub-paragraph (1) applies only in relation to accounts, returns or information relating to—
(a) the MMO's property, or
(b) the discharge, or proposed discharge, of the MMO's functions.
(3) The MMO must also—
(a) permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the MMO, and
(b) provide such explanation of them as the Secretary of State or that person may require.
Schedule 2 Minor and consequential amendments relating to the MMO
Section 1
Public Records Act 1958 (c. 51)
1 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 insert at the appropriate place—
The Marine Management Organisation.
Parliamentary Commissioner Act 1967 (c. 13)
2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place—
The Marine Management Organisation.
House of Commons Disqualification Act 1975 (c. 24)
3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—
The Marine Management Organisation.
Race Relations Act 1976 (c. 74)
4 In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) insert at the appropriate place under the heading “ Other Bodies, Etc. ”
The Marine Management Organisation.
Inheritance Tax Act 1984 (c. 51)
5 In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc) after the entry for the Countryside Council for Wales insert—
The Marine Management Organisation.
Freedom of Information Act 2000 (c. 36)
6 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) insert at the appropriate place—
The Marine Management Organisation.
Section 39
Introductory
1 In this Schedule—
“transferor” means the person from whom any property, rights or liabilities are transferred;
“transferee” means the person to whom any property, rights or liabilities are transferred.
The property, rights and liabilities that may be transferred
2 (1) A scheme may provide for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned.
(2) A scheme may provide for the transfer of any property, rights or liabilities to take effect regardless of any such—
(a) contravention,
(b) liability, or
(c) interference with an interest or right,
as there would be (apart from this sub-paragraph) by reason of an inhibiting provision.
(3) For the purposes of sub-paragraph (2) an “inhibiting provision” is a provision having effect (whether under an enactment or an agreement or in any other way) in relation to the terms on which the transferor is entitled to the property or right, or is subject to the liability, that is the subject of the transfer.
Creation and apportionment of property, rights or liabilities
3 (1) A scheme may—
(a) create for the transferor interests in or rights over property transferred by virtue of the scheme;
(b) create for the transferee interests in or rights over property retained by the transferor;
(c) create rights or liabilities between the transferor and the transferee.
(2) In this Schedule, any reference—
(a) to the transfer of interests, rights or liabilities by virtue of a scheme, or
(b) to any interests, rights or liabilities transferred by virtue of a scheme,
includes a reference to the creation of interests, rights or liabilities, or to interests, rights or liabilities created, by virtue of sub-paragraph (1).
(3) A scheme may make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the transferee with respect to the subject matter of the scheme.
Vesting certificates
4 A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence of that fact for all purposes.
Employment contracts
5 (1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.
(2) The contract of employment—
(a) is not terminated by the transfer, and
(b) has effect from the transfer date as if made between the employee and the transferee.
(3) The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.
(4) Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
(5) This paragraph is subject to paragraph 6.
Employee expressing objection to transfer of contract of employment
6 (1) Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee objects to the transfer and informs the transferor or transferee of that objection.
(2) If the employee informs the transferor or transferee of an objection under sub-paragraph (1)—
(a) the employee's contract of employment is terminated immediately before the transfer date, but
(b) the employee is not to be treated, for any purpose, as having been dismissed by the transferor.
Right to terminate contract of employment for substantial detrimental change in conditions
7 Nothing in this Schedule affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in the person's working conditions.
Civil servants
8 (1) This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.
(2) In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—
(a) the individual is to be treated as employed by virtue of a contract of employment,
(b) the terms of that employment are to be regarded as constituting the terms of that contract, and
(c) the reference in paragraph 6 to dismissal by the transferor is to be read as a reference to termination of that employment.
(3) In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of the individual's contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of the individual's employment in the civil service of the State.
Compensation
9 A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by the scheme.
Validity
10 A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
Continuity
11 (1) Anything which—
(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and
(b) is in effect immediately before the transfer date,
is to be treated as done by the transferee.
(2) There may be continued by or in relation to the transferee anything (including legal proceedings)—
(a) which relates to anything transferred by virtue of a scheme, and
(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.
Documents
12 In any document which—
(a) relates to anything transferred by virtue of a scheme, and
(b) is in effect immediately before the transfer date,
any reference to the transferor is to be read as a reference to the transferee.
Remedies
13 As from the date on which a transfer takes effect—
(a) the transferee, and
(b) any other persons,
are to have the same rights, powers and remedies with regard to any right or liability transferred as if the right or liability had at all times been a right or liability of the transferee.
Interim arrangements
14 (1) A scheme may include provision requiring a transferor to make available to a transferee during any interim period any of the following—
(a) any designated premises or facilities occupied or used by the transferor;
(b) any designated officers or employees of the transferor.
(2) In this paragraph “interim period”, in the case of any transfer by virtue of a scheme, means a period—
(a) beginning with the day following the making of the scheme, and
(b) ending with the date on which the transfer takes effect.
Retrospective modification of schemes
15 (1) If, at any time after a scheme has come into force, the Secretary of State considers it appropriate to do so, the Secretary of State may direct that the scheme shall be taken to have come into force with such modifications as may be specified in the direction.
(2) A direction under this paragraph—
(a) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and
(b) in connection with giving effect to that provision from that time, may contain such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.
Incidental, consequential, supplemental or transitional provision or savings
16 A scheme may include such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.
Schedule 4 Exclusive economic zone and Welsh zone: consequential amendments
Sections 41 and 43
Part 1 Exclusive economic zone
Continental Shelf Act 1964
1 (1) Section 8 of the Continental Shelf Act 1964 (c. 29) (application of the Submarine Telegraph Act 1885 (c. 49) to pipe-lines and submarine cables) is amended as follows.
(2) In subsection (1A) (submarine cables and pipe-lines under waters in an area designated under section 1(7) of the 1964 Act) for “section 1(7) of this Act” substitute “ section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone). ”.
Fishery Limits Act 1976
2 (1) Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is amended as follows.
(2) For subsection (1) substitute—
(1) Subject to the following provisions of this section, British fishery limits extend to the seaward limits of any area for the time being designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone).
.
(3) In consequence of the amendment made by sub-paragraph (2), subsections (3) and (4) of that section cease to have effect.
(4) Her Majesty may by Order in Council repeal, substitute or amend section 1 of the Fishery Limits Act 1976 (British fishery limits), in so far as it extends to the Channel Islands or the Isle of Man, to make appropriate provision in consequence of the creation of the exclusive economic zone.
(5) An Order in Council under sub-paragraph (4) may—
(a) make incidental, consequential, supplementary or transitional provision or savings;
(b) make different provision for different cases.
Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996
3 (1) Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282) (provision that may be made by regulations) is amended as follows.
(2) In paragraph (2)(g) (power to specify areas of sea in which jurisdiction and rights of the United Kingdom are exercisable) for “above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964” substitute “ within any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone) ”.
(3) After paragraph (2)(g), insert—
(h) varying the area within which areas may for the time being be specified under paragraph (g) to such area as may be specified or described in the regulations.
.
(4) The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation.
Energy Act 2004
4 (1) Section 84 of the Energy Act 2004 (c. 20) (exploitation of areas outside the territorial sea for energy production) is amended as follows.
(2) For subsection (4) substitute—
(4) The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)—
(a) is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but
(b) if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.
.
Energy Act 2008
5 (1) The Energy Act 2008 (c. 32) is amended as follows.
(2) In section 1 (exploitation of areas outside the territorial sea for gas importation and storage), for subsection (5) substitute—
(5) The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)—
(a) is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but
(b) if Her Majesty by Order in Council declares that the Gas Importation and Storage Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.
.
(3) In section 35 (interpretation of Chapter 3), in subsection (1), for the definition of “Gas Importation and Storage Zone” substitute—
“ “Gas Importation and Storage Zone” is to be read in accordance with section 1(5);”.
Part 2 Welsh zone
Government of Wales Act 2006
6 (1) The Government of Wales Act 2006 (c. 32) is amended as follows.
(2) In section 37(2) (power of Assembly to call for witnesses and documents) after “Wales” insert “ or the Welsh zone ”.
(3) In section 58 (transfer of Ministerial functions)—
(a) in subsection (1)(a), after “Wales” insert “ or the Welsh zone ”,
(b) in subsection (1)(c), after “Wales” insert “ or the Welsh zone ”, and
(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) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).
(4) In section 59 (implementation of EU law)—
(a) in subsection (4)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”, and
(b) in subsection (7)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”.
(5) In section 80(2)(b) (EU law) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.
(6) In section 82(5)(b) (international obligations) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.
(7) In section 155(1)(b) (functions exercisable in relation to Wales) after “Wales” insert “ or the Welsh zone ”.
(8) In section 159 (index of defined expressions), insert at the appropriate place—
“Welsh zone” | section 158(1), (3) and (4)
.
Schedule 5 Preparation of an MPS or of amendments of an MPS
Sections 44 and 47
Introductory
1 Before any policy authorities publish a relevant document, they must comply with the requirements imposed by the following provisions of this Schedule.
Interpretation
2 (1) In this Schedule—
“consultation draft” is to be read in accordance with paragraph 8;
“the final text” means that draft of the relevant document which is adopted by the relevant authorities and published by them under paragraph 12 as the relevant document;
“the relevant authorities” means the policy authorities that publish the relevant document;
“relevant document” means—
an MPS, or
amendments of an MPS;
“SPP” means a statement of public participation under paragraph 4.
(2) In this Schedule—
(a) any reference to each, some or any of the relevant authorities is a reference to those authorities separately,
(b) any other reference to the relevant authorities is a reference to those authorities acting jointly.
Consultation in Northern Ireland
3 (1) If one of the relevant authorities is the Department of the Environment in Northern Ireland, that Department must consult the other relevant Northern Ireland departments—
(a) during the preparation of the consultation draft, and
(b) during the settling of the final text.
(2) For the purposes of this paragraph, the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.
Statement of public participation
4 (1) The relevant authorities must prepare and publish a statement of public participation (an “SPP”).
(2) An SPP is a statement of the policies settled by the relevant authorities for or in connection with the involvement of interested persons in the preparation of the relevant document.
(3) The relevant authorities must publish the SPP in a way calculated to bring it to the attention of interested persons.
(4) In this paragraph “interested persons” means—
(a) any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and
(b) members of the general public.
(5) Each of the relevant authorities must take all reasonable steps to comply with the SPP.
Further provision about the content of an SPP
5 (1) An SPP must include a proposed timetable.
(2) The proposed timetable must include such provision as the relevant authorities consider reasonable for each of the following—
(a) the preparation and publication of a consultation draft under paragraph 8 (including the carrying out of the sustainability appraisal under paragraph 7);
(b) the making of representations about the consultation draft;
(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 about the consultation draft, including provision about—
(a) the manner in which representations may be made;
(b) the time within which representations must be made.
(5) An SPP must state the period which it is proposed will be allocated for legislative scrutiny of the consultation draft under paragraph 10 (resolution or recommendations by appropriate legislative body or committee).
Review and revision of an SPP
6 (1) The relevant authorities must keep the SPP under review.
(2) If at any time the relevant authorities consider it necessary or expedient to revise the SPP, they must do so.
(3) Where the relevant authorities revise the SPP, they must publish it as revised.
(4) Any reference in this Schedule to an SPP includes a reference to an SPP as revised.
Sustainability appraisal
7 (1) The relevant authorities must carry out an appraisal of the sustainability of their proposals for inclusion in the relevant document.
(2) The relevant authorities may proceed with those proposals only if they consider that the results of the appraisal indicate that it is appropriate to do so.
(3) The relevant authorities must publish a report of the results of the appraisal.
(4) The report is to be published when the relevant authorities publish the consultation draft under paragraph 8.
Preparation and publication of a consultation draft
8 (1) The relevant authorities must prepare and publish a draft of the proposed relevant document (the “consultation draft”).
(2) The relevant authorities must publish the consultation draft in such manner as they consider appropriate.
(3) They must also take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.
(4) In sub-paragraph (3) “interested persons” means—
(a) any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and
(b) members of the general public.
Representations about the consultation draft
9 (1) Any person may make representations about the consultation draft.
(2) Any such representations are to be made in accordance with the SPP.
(3) If any representations are made about the consultation draft, the relevant authorities must consider them in the course of settling the final text.
The appropriate legislative procedure
10 (1) A policy authority must not adopt the final text unless it has complied with the requirements of this paragraph.
(2) The policy authority must lay a copy of the consultation draft before the appropriate legislature.
(3) The appropriate legislature is—
(a) in the case of the Secretary of State, Parliament;
(b) in the case of the Scottish Ministers, the Scottish Parliament;
(c) in the case of the Welsh Ministers, the National Assembly for Wales;
(d) in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.
(4) If during the period allocated to it for legislative scrutiny of the consultation draft—
(a) an appropriate legislative body makes a resolution with regard to the consultation draft, or
(b) an appropriate legislative committee makes recommendations with regard to the consultation draft,
sub-paragraph (5) applies.
(5) The policy authority must lay before the appropriate legislature a statement setting out the policy authority's response to the resolution or recommendations.
(6) The period allocated to an appropriate legislative body or appropriate legislative committee for legislative scrutiny of the consultation draft is such period as the policy authority may specify.
(7) The policy authority must specify the period allocated for legislative scrutiny of the consultation draft on or before the day on which a copy of that draft is laid before the appropriate legislature under sub-paragraph (2).
(8) In this paragraph—
“appropriate legislative body” means—
in the case of the Secretary of State, either House of Parliament;
in the case of any other policy authority, the appropriate legislature;
“appropriate legislative committee” means—
in the case of the Secretary of State, a committee of either House of Parliament;
in the case of any other policy authority, a committee of the appropriate legislature.
Differences between the consultation draft and the final text
11 (1) This paragraph applies if there are any differences between—
(a) the proposed policies, statements and information contained in the consultation draft, and
(b) the policies, statements and information contained in the final text.
(2) When the relevant authorities publish the relevant document, they must also publish—
(a) a summary of the differences, and
(b) a statement of the reasons for them.
Adoption and publication of the relevant document
12 (1) A policy authority adopts the final text by—
(a) deciding that the final text is to be published as the relevant document, and
(b) giving notice of that decision to each of the other policy authorities.
(2) The relevant document is to be published by the relevant authorities, acting jointly, as soon as reasonably practicable after the final text has been adopted by each of them.
(3) If the final text has been adopted by one or more, but not all, of the policy authorities, the authorities that have not adopted the final text must be allowed a reasonable period in which to do so before the relevant document is published.
Validity of document where policy authority participates in preparation but does not adopt
13 (1) If any policy authority—
(a) participates to any extent in the preparation of a relevant document, but
(b) does not adopt the final text,
sub-paragraph (2) applies.
(2) The participation of the policy authority in the preparation of the relevant document does not affect the validity of—
(a) the relevant document, or
(b) the adoption of that document by any of the other policy authorities.
Section 51
Marine plan authority to notify related planning authorities of decision to prepare plan
1 (1) A marine plan authority which decides to prepare a marine plan for a marine plan area must, before beginning to prepare the plan, give notice of its intention to do so to each of the related planning authorities.
(2) The “related planning authorities” are—
(a) the Secretary of State (unless the Secretary of State is the marine plan authority);
(b) any marine plan authority whose marine planning region adjoins or is adjacent to the marine plan area;
(c) if the Scottish inshore region adjoins or is adjacent to the marine plan area, the Scottish Ministers;
(d) any local planning authority whose area adjoins or is adjacent to the marine plan area;
(da) any minerals and waste planning authority whose relevant area adjoins or is adjacent to the marine plan area;
(e) any responsible regional authorities whose region adjoins or is adjacent to the marine plan area.
(f) any corporate joint committee whose area adjoins or is adjacent to the marine planning area.
(g) any strategic planning authority within the meaning given in section 12A of the Planning and Compulsory Purchase Act 2004, which is required to prepare a spatial development strategy under Part 1A of that Act for an area that adjoins or is adjacent to the marine plan area.
(3) In this paragraph—
“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
“local planning authority” means an authority which is—
a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (see section 15LF of that Act),
a local planning authority for the purposes of Part 6 of the Planning and Compulsory Purchase Act 2004 (see section 78 of that Act), or
a planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 1 of that Act);
“minerals and waste planning authority” means an authority which is a minerals and waste planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (see section 15LG of that Act) and “relevant area” has the meaning given by that section.
“responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).
...
Secretary of State to be kept informed of authority's intentions as to certain matters
2 (1) This paragraph applies in any case where a marine plan authority gives notice to the Secretary of State under paragraph 1(2)(a).
(2) The notice must state whether the marine plan authority proposes to include in the plan provision relating to retained functions (see sections 59 and 60).
(3) The notice must state whether the marine plan authority proposes so to prepare the marine plan that it will not be in conformity with any MPS which governs marine planning for the marine plan area.
(4) The marine plan authority must keep the Secretary of State informed (by giving further notices) of any changes that may from time to time occur in its intentions with respect to any of the matters mentioned in sub-paragraph (2) or (3).
Marine plans to be compatible with certain other marine plans and Planning Act plans
3 (1) In preparing or amending a marine plan for a marine plan area in its region, a marine plan authority must take all reasonable steps to secure that the plan is compatible with the marine plan for any marine plan area (whether or not within its marine planning region) which is related to that area.
(2) The marine plan authority for—
(a) the English inshore region, or
(b) the Welsh inshore region,
must also take all reasonable steps to secure that any marine plan for a marine plan area in its marine planning region is compatible with the development plan for any area in England, Wales or Scotland which is related to the marine plan area.
(3) For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—
(a) the one area adjoins or is adjacent to the other;
(b) the one area lies wholly or partly within the other;
(c) the whole or any part of the one area affects or is affected by the whole or any part of the other.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this paragraph—
“development plan”—
in the case of an area in England or Wales, is to be read in accordance with section 38(2A) to (4) of the Planning and Compulsory Purchase Act 2004 (c. 5);
in the case of an area in Scotland, is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997 (c. 8);
...
Consultation in Northern Ireland
4 (1) In the case of a marine plan for a marine plan area in the Northern Ireland offshore region, the marine plan authority must consult the relevant Northern Ireland departments—
(a) during the preparation of the consultation draft under paragraph 11, and
(b) during the settling of the text of the plan for adoption and publication under paragraph 15.
(2) For the purposes of this paragraph the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.
Statement of public participation
5 (1) Before preparing a marine plan for any marine plan area, a marine plan authority must prepare and publish a statement of public participation (an “SPP”).
(2) An SPP is a statement of the policies settled by the marine plan authority for or in connection with the involvement of interested persons in the preparation of the proposed marine plan.
(3) An SPP must identify (by means of a map or otherwise) the area for which the marine plan is being prepared.
(4) If the marine plan authority proposes to include provision relating to retained functions, the SPP—
(a) must state that that is the case, and
(b) may be published only with the agreement of the Secretary of State.
(5) An SPP must invite the making of representations in accordance with the SPP as to matters to be included in the proposed marine plan.
(6) The marine plan authority must publish the SPP in a way calculated to bring it to the attention of interested persons.
(7) The marine plan authority must take all reasonable steps to comply with the SPP.
(8) In this paragraph “interested persons” means—
(a) any persons appearing to the marine plan authority to be likely to be interested in, or affected by, policies proposed to be included in the marine plan, and
(b) members of the general public.
Further provision about the content of an SPP
6 (1) An SPP must include a proposed timetable.
(2) The proposed timetable must include such provision as the marine plan authority considers reasonable for each of the following—
(a) the preparation and publication of the consultation draft under paragraph 11 (including the carrying out of the sustainability appraisal under paragraph 10);
(b) the making of representations about the consultation draft;
(c) the consideration of representations under paragraph 12 and the settling of the text of the marine plan for adoption and publication under paragraph 15;
(d) the adoption and publication of the marine plan under that paragraph.
(3) An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.
(4) An SPP must include provision about the making of—
(a) representations, in response to the invitation issued under paragraph 5(5), about the matters to be included in the proposed marine plan, and
(b) representations under paragraph 12 about the consultation draft.
(5) The provision to be made under sub-paragraph (4) includes provision about—
(a) the manner in which representations may be made, and
(b) the time within which representations must be made.
Review and revision of the SPP
7 (1) The marine plan authority must keep the SPP under review.
(2) If at any time the marine plan authority considers it necessary or expedient to revise the SPP, it must do so.
(3) The marine plan authority must revise the SPP if—
(a) it proposes to include in the marine plan provision relating to retained functions, and
(b) the SPP does not already include a statement that that is the case.
(4) Where the marine plan authority revises the SPP, it must publish the SPP as revised.
(5) In any case where the SPP is required to be revised by virtue of sub-paragraph (3), the revised SPP may be published only with the agreement of the Secretary of State.
(6) Any reference in this Schedule to an SPP includes a reference to an SPP as revised.
Advice and assistance
8 (1) In connection with the preparation of a marine plan, or of any proposals for a marine plan, the marine plan authority may seek advice or assistance from any body or person in relation to any matter in which that body or person has particular expertise.
(2) The steps that a marine plan authority may take for the purpose of facilitating the involvement of interested persons in—
(a) the development of proposals for inclusion in a proposed marine plan, or
(b) consultation in connection with such proposals,
include the convening of groups of persons for such purposes, and in such manner, as the marine plan authority considers appropriate.
(3) In this paragraph “interested persons” has the same meaning as in paragraph 5.
Matters to which a marine plan authority is to have regard in preparing a marine plan
9 (1) The matters to which a marine plan authority is to have regard in preparing a marine plan include each of the matters in sub-paragraph (2).
(2) Those matters are—
(a) the requirement under section 51(6) for a marine plan to be in conformity with any MPS which governs marine planning for the marine plan area, unless relevant considerations indicate otherwise,
(b) the duties imposed by paragraph 3(1) and (2) with respect to securing compatibility with marine plans or development plans for areas which are related to the marine plan area,
(c) the effect which any proposal for inclusion in the plan is likely to have on any area which is related to the marine plan area;
(d) the results of the review required by section 54,
(e) the SPP,
(f) any representations made in response to the invitation issued pursuant to sub-paragraph (5) of paragraph 5,
(g) any advice received under paragraph 8(1),
(h) any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the marine plan area or in any adjoining or adjacent area in England or Wales, Scotland or Northern Ireland,
(i) the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c. 55),
and such other matters as the marine plan authority considers relevant.
(3) For the purposes of this paragraph, one area is related to another if one or more of the following conditions is met—
(a) the one area adjoins or is adjacent to the other;
(b) the one area lies wholly or partly within the other;
(c) the whole or any part of the one area affects or is affected by the whole or any part of the other.
Sustainability appraisal
10 (1) A marine plan authority preparing a marine plan must carry out an appraisal of the sustainability of its proposals for inclusion in the plan.
(2) The authority may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so.
(3) The marine plan authority must publish a report of the results of the appraisal.
(4) The report is to be published when the marine plan authority publishes the consultation draft under paragraph 11.
Preparation and publication of a consultation draft
11 (1) A marine plan authority preparing a marine plan must publish a draft containing its proposals for inclusion in the plan (the “consultation draft”).
(2) If the draft includes provision relating to retained functions, it may be published only with the agreement of the Secretary of State.
(3) The marine plan authority must publish the consultation draft in such manner as it considers appropriate.
(4) The marine plan authority must also take such steps as it considers appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.
(5) In this paragraph “interested persons” has the same meaning as in paragraph 5.
Representations about the consultation draft
12 (1) Any person may make representations about the consultation draft.
(2) Any such representations are to be made in accordance with the SPP.
(3) If any representations are made about the consultation draft, the marine plan authority must consider them in the course of settling the text of the marine plan for adoption and publication under paragraph 15.
Independent investigation
13 (1) A marine plan authority which has published a consultation draft in accordance with paragraph 11 must consider appointing an independent person to investigate the proposals contained in that draft and to report on them.
(2) In deciding whether to appoint such a person, the marine plan authority must have regard to—
(a) any representations received about the matters to be included in the proposed marine plan, in response to the invitation issued pursuant to paragraph 5(5),
(b) any representations received about the proposals published in the consultation draft,
(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.
(3) Any person so appointed must—
(a) make recommendations, and
(b) give reasons for the recommendations.
(4) The marine plan authority must publish the recommendations and the reasons given for them.
Matters to which marine plan authority to have regard in settling text for adoption etc
14 A marine plan authority settling the text of a marine plan for adoption and publication under paragraph 15 must have regard to—
(a) any recommendations made by any person appointed under paragraph 13,
(b) the reasons given by any such person for any such recommendations,
and any other matters that the marine plan authority considers relevant.
Adoption and publication of a marine plan
15 (1) A marine plan is “adopted” by a marine plan authority when the authority has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).
(2) A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.
(3) Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not include provision relating to retained functions.
(4) The conferral on a devolved authority by this Part of functions whose exercise is subject to the agreement of the Secretary of State under sub-paragraph (2) does not affect any functions, or the exercise of any functions, of the devolved authority apart from this Part (whenever conferred or imposed).
(5) In sub-paragraph (4) “devolved authority” means—
(a) the Scottish Ministers;
(b) the Welsh Ministers;
(c) the Department of the Environment in Northern Ireland.
(6) The marine plan which a marine plan authority decides to publish may be—
(a) the same as the proposals published in the consultation draft, or
(b) those proposals with such modifications as the marine plan authority thinks fit.
(7) A marine plan authority which adopts a marine plan must publish the plan as soon as reasonably practicable after its adoption, together with statements of each of the following—
(a) any modifications that have been made to the proposals published in the consultation draft,
(b) the reasons for those modifications,
(c) if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.
Schedule 7 Further provision about civil sanctions under Part 4
Section 97
Interpretation
1 In this Schedule “civil sanction” means a fixed monetary penalty or a variable monetary penalty.
Fixed monetary penalties: other sanctions
2 (1) Provision under section 93 must secure that, in a case where a notice of intent referred to in section 94(2)(a) is served on a person—
(a) no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 94(2)(b), and
(b) if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.
(2) Provision under section 93 must also secure that, in a case where a fixed monetary penalty is imposed on a person—
(a) that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;
(b) the enforcement authority may not issue a compliance notice or a remediation notice to that person in respect of the act or omission giving rise to the penalty.
Variable monetary penalties: other sanctions
3 Provision under section 95 must secure that, in a case where a variable monetary penalty is imposed on a person—
(a) that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;
(b) the enforcement authority may not issue a compliance notice to that person in respect of the act or omission giving rise to the penalty.
Combination of sanctions
4 (1) Provision may not be made under section 93 and section 95 conferring powers on an enforcement authority in relation to the same offence unless it secures that—
(a) the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on that person in relation to that act or omission, and
(b) the authority may not serve a notice of intent referred to in section 96(2)(a) on a person in relation to any act or omission where—
(i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or
(ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).
(2) Provision under section 93 which results in an enforcement authority having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—
(a) the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and
(b) the authority may not serve a stop notice on a person in relation to any act or omission where—
(i) a fixed monetary penalty has been imposed on that person in relation to that act or omission, or
(ii) the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).
Monetary penalties
5 (1) An order under section 93 or 95 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty or a variable monetary penalty may include provision—
(a) for early payment discounts;
(b) for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;
(c) for enforcement of the penalty.
(2) Provision under sub-paragraph (1)(c) may include—
(a) provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;
(b) provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.
Costs recovery
6 (1) Provision under section 95 may include provision for an enforcement authority, by notice, to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by the enforcement authority in relation to the imposition of the penalty up to the time of its imposition.
(2) In sub-paragraph (1) the references to costs include in particular—
(a) investigation costs;
(b) administration costs;
(c) costs of obtaining expert advice (including legal advice).
(2) Provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—
(a) the notice specifies the amount required to be paid;
(b) the enforcement authority may be required to provide a detailed breakdown of that amount;
(c) the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;
(d) the person required to pay costs may appeal against—
(i) the decision of the enforcement authority to impose the requirement to pay costs;
(ii) the decision of the enforcement authority as to the amount of those costs.
(4) Provision under this paragraph may include the provision referred to in sub-paragraphs (1)(b) and (c) and (2) of paragraph 5.
(5) Provision under this paragraph must secure that an enforcement authority is required to publish guidance about how it will exercise the power conferred by the provision.
Appeals
7 (1) An order under section 93 or 95 may not provide for the making of an appeal other than to—
(a) the First-Tier Tribunal, or
(b) another tribunal created under an enactment.
This sub-paragraph does not apply in the case of an order made by the Scottish Ministers.
(2) In sub-paragraph (1)(b)—
“enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;
“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—
(a) provision suspending the requirement or notice pending determination of the appeal;
(b) provision as to the powers of any person to whom the appeal is made;
(c) provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.
(4) The provision referred to in sub-paragraph (3)(b) includes provision conferring on the person to whom the appeal is made power—
(a) to withdraw the requirement or notice;
(b) to confirm the requirement or notice;
(c) to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;
(d) to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;
(e) to award costs.
Consultation
8 (1) Before making an order under section 93 or 95, the appropriate licensing authority must consult the following (in addition to any persons who must be consulted under paragraph 9)—
(a) the enforcement authority to which the order relates,
(b) such organisations as appear to the licensing authority to be representative of persons substantially affected by the proposals, and
(c) such other persons as the licensing authority considers appropriate.
(2) If, as a result of any consultation required by sub-paragraph (1), it appears to the licensing authority that it is appropriate substantially to change the whole or any part of the proposals, the licensing authority must undertake such further consultation with respect to the changes as it considers appropriate.
(3) If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.
Guidance as to use of civil sanctions
9 (1) Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).
(2) Those results are that—
(a) the enforcement authority must publish guidance about its use of the sanction,
(b) in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,
(c) the enforcement authority must revise the guidance where appropriate,
(d) the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and
(e) the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.
(3) In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
(a) the circumstances in which the penalty is likely to be imposed,
(b) the circumstances in which it may not be imposed,
(c) the amount of the penalty,
(d) how liability for the penalty may be discharged and the effect of discharge, and
(e) rights to make representations and objections and rights of appeal.
(4) In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—
(a) the circumstances in which the penalty is likely to be imposed,
(b) the circumstances in which it may not be imposed,
(c) the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and
(d) rights to make representations and objections and rights of appeal.
Guidance as to enforcement of offences
10 (1) Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the enforcement authority must prepare and publish guidance about how the offence is enforced.
(2) The guidance must include guidance as to—
(a) the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,
(b) the action which the enforcement authority may take to enforce the offence, whether by virtue of section 93 or 95 or otherwise, and
(c) the circumstances in which the enforcement authority is likely to take any such action.
(3) An enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.
(4) The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.
Publication of enforcement action
11 (1) Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).
(2) That result is that the enforcement authority must from time to time publish reports specifying—
(a) the cases in which the civil sanction has been imposed,
(b) where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to section 94(2)(b), and
(c) where the civil sanction is a variable monetary penalty, the cases in which an undertaking referred to in section 96(5) is accepted from such a person.
(3) In sub-paragraph (2)(a), the reference to cases in which the civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal.
(4) The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate licensing authority considers that it would be inappropriate to do so.
Payment of penalties into Consolidated Fund etc
12 (1) Where pursuant to any provision made under section 93 or 95 an enforcement authority receives—
(a) a fixed monetary penalty or a variable monetary penalty, or
(b) any interest or other financial penalty for late payment of such a penalty,
the authority must pay it into the relevant Fund.
(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;
(b) in a case where the authority has functions only in relation to Scotland, the Scottish Consolidated Fund;
(c) in a case where the authority has functions only in relation to Northern Ireland, the Consolidated Fund of Northern Ireland;
(d) in any other case, the Consolidated Fund.
Disclosure of information
13 (1) Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 93 or 95 where—
(a) the person has an enforcement function in relation to an offence, and
(b) the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under any of those sections in relation to that offence.
(2) The persons are—
(a) the Crown Prosecution Service,
(b) a member of a police force in England or Wales,
(c) a Procurator Fiscal,
(d) a constable of the Police Service of Scotland,
(e) the Public Prosecution Service for Northern Ireland, or
(f) a member of the Police Service of Northern Ireland.
(3) It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.
(4) A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).
(5) Nothing in this paragraph authorises the making of a disclosure in contravention of—
(a) the data protection legislation, or
(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(6) This paragraph does not affect a power to disclose which exists apart from this paragraph.
(7) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Schedule 8 Licensing: minor and consequential amendments
Section 112(1)
Part 1 Consequential amendments
The Coast Protection Act 1949
1 (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) ”.
The Food and Environment Protection Act 1985
2 (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 ”;
(b) omit paragraph (b);
(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 ”.
(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 ”;
(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 ”.
(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. ”;
(b) omit subsection (5).
(5) In section 8 (licences)—
(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) ”;
(b) omit subsections (5) to (7).
(7) In section 11 (enforcement powers)—
(a) in subsection (2)—
(i) in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;
(ii) for paragraphs (b) and (c) substitute—
(b) vessels, aircraft, hovercraft and marine structures in Scotland or 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).
(9) In section 24(1) (interpretation)—
(a) omit the definition of “adjacent to Scotland”;
(b) omit the definition of “Gas Importation and Storage Zone”;
(c) in the definition of “licensing authority”—
(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 ”;
(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);
;
(e) omit the definitions of “United Kingdom waters” and “United Kingdom controlled waters”.
The Government of Wales Act 2006
3 (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)), and
(b) after paragraph (b) insert—
(c) the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or
(d) regulations under section 73 of that Act (appeals),
.
(3) After sub-paragraph (1) insert—
(1A) The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—
(a) sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);
(b) section 101 (registers);
(c) sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);
(d) section 107 (power to test, and charge for testing, certain substances);
(e) sections 235(3) and 240(1)(c) (enforcement officers).
.
The Planning Act 2008
4 (1) The Planning Act 2008 (c. 29) is amended as follows.
(2) After section 149 insert—
Deemed consent under a marine licence
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).
(2) The areas are—
(a) England,
(b) waters adjacent to England up to the seaward limits of the territorial sea,
(c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions,
(d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions,
(e) 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) Subsections (4) and (5) apply if an order granting development consent includes provision—
(a) deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and
(b) deeming those conditions to have been attached to the marine licence by the Secretary of State under that Part.
(4) A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.
(5) Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.
.
(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—
30A Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.
30B Deeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part.
.
(6) In Schedule 6 (changes to, and revocation of, orders granting development consent) in—
(a) paragraph 2(13) (power to make non-material changes to development consent order not to apply in relation to deemed consents and licences), and
(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 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)),
(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).
Part 2 Other amendments
The Food and Environment Protection Act 1985 Electronic communications apparatus: operations in tidal waters etc
5 In the Food and Environment Protection Act 1985 after section 8 (licences) insert—
Electronic communications apparatus: operations in tidal waters etc
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) “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.
.
Electronic communications: emergency works
6 (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
(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.
.
The Petroleum Act 1998 Application of Part 3 in relation to submarine pipelines
7 (1) Section 24 of the Petroleum Act 1998 (c. 17) (application of Part 3) is amended as follows.
(2) After subsection (2) insert—
(2A) If a pipeline—
(a) is specified in an order made by the Secretary of State under this subsection, or
(b) is of a description so specified,
the pipeline shall be disregarded for the purposes of this Part of this Act (other than this subsection) or shall be so disregarded while any specified condition is satisfied.
.
(3) After subsection (3) insert—
(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).
(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) 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 (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) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than that subsection).
.
Schedule 9 Licensing: transitional provision relating to Part 4
Section 112(2)
Part 1 Interpretation
1 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);
“FEPA” means the Food and Environment Protection Act 1985 (c. 48).
Part 2 Coast Protection Act 1949
Consents previously given and outstanding applications
2 (1) Any consent given under subsection (1) of section 34 of the CPA which—
(a) is in effect immediately before the commencement date, and
(b) relates to an operation which—
(i) falls within that subsection, and
(ii) is a licensable marine activity,
has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).
(2) In accordance with sub-paragraph (1)—
(a) a consent given for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;
(b) any condition subject to which a consent under subsection (1) of section 34 of the CPA has been given has effect as if it were a condition attached to the deemed licence;
(c) any provision made under subsection (4) of that section in respect of a consent has effect as if it were provision made under section 71(4)(a) of this Act in respect of the deemed licence;
(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) 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—
(a) is made before the commencement date, and
(b) relates to an operation which—
(i) falls within that subsection, and
(ii) is a licensable marine activity,
has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.
Safety requirements
3 The repeal of section 36A of the CPA does not affect the operation of that provision in relation to anything occurring before the date on which that repeal takes effect.
Part 3 Food and Environment Protection Act 1985
Licences previously issued and outstanding applications
4 (1) Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—
(a) is in effect immediately before the commencement date, and
(b) relates to the doing of anything which—
(i) falls within section 5 or 6 of that Act, and
(ii) is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,
has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).
(2) In accordance with sub-paragraph (1)—
(a) a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;
(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) 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—
(a) was made before the commencement date, and
(b) relates to an activity which—
(i) falls within section 5 or 6 of FEPA, and
(ii) on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,
has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.
(5) An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.
5 (1) Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—
(a) makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or
(b) within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.
(2) Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.
Remedial action
6 The amendments made by paragraph 2 of Schedule 8 do not affect the operation of section 10 of FEPA in relation to anything carried out otherwise than under and in accordance with a FEPA licence before the commencement date.
Register
7 (1) This paragraph applies in any case where—
(a) immediately before the commencement date, an authority was required to maintain under section 14 of FEPA a register (the “FEPA register”) containing information of any particular description in respect of any particular area,
(b) on that date the authority ceased to be required to maintain a register under that section containing information of that description in respect of that area, and
(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) 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—
(a) references in section 101 to marine licences are to be read as including references to FEPA licences, and
(b) references in that section to this Part of this Act or to any provision of this Part are to be read as including references to Part 2 of FEPA or to the corresponding provision of that Part.
Channel Islands and British overseas territories
8 (1) In this paragraph “relevant territory” means any of the following—
(a) any of the Channel Islands;
(b) any British overseas territory.
(2) An Order in Council under section 26 of FEPA which is in force immediately before the commencement date remains in force, and may be revoked, amended or re-enacted, as if that section had not been repealed.
(3) If it appears to Her Majesty—
(a) that provision with respect to the licensing of marine activities has been made in the law of any relevant territory, and
(b) that that provision was made otherwise than by virtue of an Order in Council under section 323 extending provisions of this Act,
Her Majesty may by Order in Council repeal any provisions of Part 2 or 4 of FEPA as they have effect as part of the law of that territory.
Part 4 Miscellaneous
Dredging
9 (1) During the relevant transitional period, section 65 does not apply in respect of the carrying on by a person of a dredging operation—
(a) which falls within item 9 in section 66(1) of this Act, but
(b) which meets the conditions in sub-paragraph (2).
(2) The conditions are that the dredging operation—
(a) does not fall within section 34 of the CPA,
(b) is not an activity for which a licence is required under Part 2 of FEPA, and
(c) is not excluded from this paragraph by virtue of an order under section 320.
(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,—
(a) is the period of one year beginning with the commencement date, but
(b) if a marine licence which authorises the carrying on of the dredging operation by the person comes into force (or has come into force) at any time before the end of that period, the transitional period ends with the coming into force of that licence.
Water Resources Act 1991
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) 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
11 (1) In this paragraph—
(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
(b) which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date is a licensable marine activity.
(3) A qualifying approval has effect on and after the transitional date as if it were a marine licence granted by the appropriate licensing authority in relation to the licensable marine activity (a “deemed marine licence”).
(4) If the qualifying approval was given for a specified period, the deemed marine licence is to remain in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the transitional date.
(5) If, by virtue of paragraph 11(5) of the Code, the qualifying approval was given subject to a condition, the deemed marine licence has effect as if the condition were a condition attached to the deemed marine licence.
(6) Any application for a communications approval—
(a) which was submitted before the transitional date, and
(b) which relates to an activity which, on or after that date, is a licensable marine activity,
has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.
Electronic Communications Code: Scotland
12 (1) In this paragraph—
(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
(b) which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date needs a licence under section 5 or 6 of FEPA.
(3) A qualifying Scottish approval has effect on and after the Scottish transitional date as if it were a licence granted under section 5 or 6 (as the case may be) of FEPA by the licensing authority in relation to the activity (a “deemed FEPA licence”).
(4) If the qualifying Scottish approval was given for a specified period, the deemed FEPA licence is to remain in force (subject to the provisions of FEPA) for so much of that period as falls after the Scottish transitional date.
(5) If, by virtue of paragraph 11(5) of the Code, the qualifying Scottish approval was given subject to a condition, the deemed FEPA licence has effect as if the condition were a condition attached to the deemed FEPA licence.
(6) Any application for a communications approval—
(a) which was submitted before the transitional date, and
(b) which relates to an activity which, on or after that date, needs a licence under section 5 or 6 of FEPA,
has effect on and after that date as if it were an application for a licence under the section in question made to the licensing authority in relation to that activity.
Direction under section 58(1)(c) of the Government of Wales Act 2006
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) 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—
(a) sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) (licensable marine activities);
(b) section 106 (power to take remedial action).
(3) In this paragraph—
“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 Further provision about fixed monetary penalties under section 142
Section 144
Fixed monetary penalties: other sanctions
1 (1) Provision under section 142 must secure that, in a case where a notice of intent referred to in section 143(2)(a) is served on a person—
(a) no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 143(2)(b), and
(b) if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.
(2) Provision under section 142 must also secure that, in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty.
Monetary penalties
2 (1) An order under section 142 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty may include provision—
(a) for early payment discounts;
(b) for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;
(c) for enforcement of the penalty.
(2) Provision under sub-paragraph (1)(c) may include—
(a) provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;
(b) provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.
Appeals
3 (1) An order under section 142 may not provide for the making of an appeal other than to—
(a) the First-tier Tribunal, or
(b) another tribunal created under an enactment.
(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—
(a) provision suspending the requirement or notice pending determination of the appeal;
(b) provision as to the powers of the tribunal to which the appeal is made;
(c) provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.
(4) The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—
(a) to withdraw the requirement or notice;
(b) to confirm the requirement or notice;
(c) to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;
(d) to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;
(e) to award costs.
Consultation
4 (1) Before making an order under section 142, the appropriate authority must consult the following—
(a) the enforcement authority to which the order relates,
(b) such organisations as appear to the appropriate authority to be representative of persons substantially affected by the proposals, and
(c) such other persons as the appropriate authority considers appropriate.
(2) If, as a result of any consultation required by sub-paragraph (1), it appears to the authority that it is appropriate substantially to change the whole or any part of the proposals, the authority must undertake such further consultation with respect to the changes as it considers appropriate.
(3) If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.
Guidance as to use of fixed monetary penalties
5 (1) Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must secure the results in sub-paragraph (2).
(2) Those results are that—
(a) the enforcement authority must publish guidance about its use of the penalty,
(b) the guidance must contain the relevant information,
(c) the enforcement authority must revise the guidance where appropriate,
(d) the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and
(e) the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.
(3) The relevant information referred to in sub-paragraph (2)(b) is information as to—
(a) the circumstances in which the penalty is likely to be imposed,
(b) the circumstances in which it may not be imposed,
(c) the amount of the penalty,
(d) how liability for the penalty may be discharged and the effect of discharge, and
(e) rights to make representations and objections and rights of appeal.
Guidance as to enforcement of offences
6 (1) Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the enforcement authority must prepare and publish guidance about how the offence is enforced.
(2) The guidance must include guidance as to—
(a) the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,
(b) the action which the enforcement authority may take to enforce the offence, whether by virtue of section 142 or otherwise, and
(c) the circumstances in which the enforcement authority is likely to take any such action.
(3) The enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.
(4) The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.
Publication of enforcement action
7 (1) Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).
(2) That result is that the enforcement authority must from time to time publish reports specifying—
(a) the cases in which a fixed monetary penalty has been imposed, and
(b) the cases in which liability to the penalty has been discharged pursuant to section 143(2)(b).
(3) In sub-paragraph (2)(a), the reference to cases in which a fixed monetary penalty has been imposed does not include cases where a penalty has been imposed but overturned on appeal.
(4) The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate authority considers that it would be inappropriate to do so.
Payment of penalties into Consolidated Fund etc
8 (1) Where pursuant to any provision made under section 142 an enforcement authority receives—
(a) a fixed monetary penalty, or
(b) any interest or other financial penalty for late payment of such a penalty,
the authority must pay it into the relevant Fund.
(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;
(b) in any other case, the Consolidated Fund.
Disclosure of information
9 (1) Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where—
(a) the person has an enforcement function in relation to an offence, and
(b) the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.
(2) The persons are—
(a) the Crown Prosecution Service,
(b) a member of a police force in England or Wales,
(c) a Procurator Fiscal,
(d) a constable of the Police Service of Scotland,
(e) the Public Prosecution Service for Northern Ireland, or
(f) a member of the Police Service of Northern Ireland.
(3) It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.
(4) A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).
(5) Nothing in this paragraph authorises the making of a disclosure in contravention of—
(a) the data protection legislation, or
(b) any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(6) This paragraph does not affect a power to disclose which exists apart from this paragraph.
(7) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Schedule 11 Consequential amendments relating to MCZs
Section 146
Conservation of Seals Act 1970 (c. 30)
1 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 is amended as follows.
(2) The following provisions are omitted—
(a) sections 36 and 37;
(b) Schedule 12.
(3) In consequence of sub-paragraph (2), in the italic cross-heading preceding section 34A, the words “marine nature reserves” are omitted.
Water Resources Act 1991 (c. 57)
3 In paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of the Environment Agency to make byelaws for flood defence and drainage purposes) in sub-paragraph (4) for the words from “the operation of” to the end of that sub-paragraph substitute
the operation of—
(a) any byelaw made by a navigation authority, harbour authority or conservancy authority;
(b) any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England);
(c) any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in Wales).
Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)
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