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'(2) The bodies are—
(a) an appropriate nature conservation body;
(b) the Environment Agency;
(c) in England, a county, district or London borough council, or the Common Council of the City of London;
(d) in Wales, a county council or county borough council;
(e) any water undertaker or sewerage undertaker;
(f) any navigation authority, within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57);
(g) any harbour authority within the meaning of section 57 of the Harbours Act 1964 (c. 40);
(h) the general lighthouse authority, or a local lighthouse authority, within the meaning of section 193 of the Merchant Shipping Act 1995 (c. 21);
(i) any local fisheries committee provided for under section 1 of the Sea Fisheries Regulation Act 1966 (c. 38).'.
No. 3, in page 4, line 11, at end insert—
'(3) A management scheme must set out how the functions of the body or bodies making the scheme (including, in the case of an appropriate nature conservation body, the function of making byelaws with respect to the site) are to be exercised so as to secure the achievement of the conservation objectives.'.
No. 4, in page 4, line 13, at end insert—
'(5) Before making a management scheme under subsection (1), the body or bodies making it must consult—
(a) the confirming authority;
(c) any other competent marine authority which in the opinion of the body or bodies should be consulted;
(d) any other person who in the opinion of the body or bodies is likely to be affected by the management scheme.'.
No. 5, in page 4, line 14, leave out from beginning to end of line 16 and insert—
'(6) If any part of a marine site of special interest falls within a European marine site and a management scheme is established for the European marine site under the Natural Habitats Regulations—
(a) no management scheme may be established under this section for the marine site of special interest; and
(b) a management scheme which is already established under this section ceases to have effect.
(7) A management scheme established for a European marine site may take into account the conservation objectives for a marine site of special interest, but only to the extent that securing those objectives is compatible with securing compliance with the Habitats Directive as required by the Natural Habitats Regulations.'.
No. 6, in page 4, line 17, leave out—
'relating to a marine site of special interest shall'
No. 7, in page 4, line 18, leave out "if necessary amended" and insert—
'at least once in every five years.'.
No. 8, in page 4, line 18, at end insert—
'(9) A management scheme may be amended at any time.'.
No. 9, in page 4, line 19, at beginning insert—
'Unless an appropriate nature conservation body is the body, or one of the bodies, which establishes a management scheme,'.
No. 10, in page 4, line 19, leave out "management".
No. 11, in page 4, line 20, leave out "shall" and insert "must".
No. 12, in page 4, line 20, leave out—
'relevant marine authority or authorities'
No. 13, in page 4, line 21, at end insert—
'(10) The appropriate nature conservation body must publish a management scheme—
(a) established or amended by it under this section; or
(b) a copy of which is sent to it as established or amended under this section.
(11) A management scheme has effect, or has effect as amended, from the date on which it is first published under subsection (10).'.
No. 14, in page 4, line 21, at end insert—
'(12) The Secretary of State may by order made by statutory instrument amend subsection (2) in relation to marine sites of special interest which are the subject of a notification by English Nature.
(13) The National Assembly for Wales may by order made by statutory instrument amend subsection (2) in relation to marine sites of special interest which are the subject of a notification by the Countryside Council for Wales.
(14) A statutory instrument containing an order under subsection (12) is subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Mr. Meacher.]
Clause 5
Amendments made: No. 15, in page 4, line 23, leave out from beginning to "may" in line 24 and insert—
'(1) If no management scheme has been established for a marine site of special interest, the confirming authority'.
No. 16, in page 4, line 24, leave out—
'the relevant marine authorities, or any of them,'
and insert—
'any one or more of the bodies mentioned in section 4(2)'.
No. 17, in page 4, line 26, leave out—
'for a marine site of special interest'.
No. 18, in page 4, line 27, after "Directions", insert "under subsection (1)".
No. 19, in page 4, line 30, leave out "relevant marine authorities" and insert—
'bodies to which the direction is given'.
No. 20, in page 4, line 32, at end insert—
';
( ) provide that the approval of the confirming authority is required before the scheme is established.'.
No. 21, in page 4, line 32, at end insert—
';
( ) require the body or bodies to which the direction is given to supply to the confirming authority such information concerning the establishment or operation of the scheme as may be specified in the direction.'.
No. 22, in page 4, line 33, leave out from beginning to "may" in line 34 and insert "The confirming authority".
No. 23, in page 4, line 34, leave out—
'relevant marine authorities, or any of them,'
and insert—
'body or bodies which established a management scheme'.
No. 24, in page 4, line 35, leave out—
'a management scheme for a marine site of special interest'
and insert "the scheme".
No. 25, in page 4, line 37, leave out "shall" and insert "must".—[Mr. Meacher.]
Clause 6
Amendments made: No. 26, in page 5, line 2, after "may", insert—
', with the consent of the confirming authority,'.
No. 27, in page 5, line 3, leave out "under" and insert—
'(2) Subsections (2) to (4), and (10) and (11) of'.
No. 28, in page 5, line 4, after "reserves)", insert—
'have effect in relation to byelaws made under this section as respects a marine site of special interest as they have effect in relation to byelaws made under that section as respects a marine nature reserve.'.
No. 29, in page 5, line 5, leave out from beginning to end of line 7 and insert—
'(3) Sections 236 to 238 of the Local Government Act 1972 (c. 70) (which relate to the procedure for making byelaws, authorise byelaws to impose fines and provide for the proof of byelaws in
(4) In relation to byelaws made under this section, those sections apply subject to any modifications made by the confirming authority by regulations made by statutory instrument (including modifications increasing the maximum fines which the byelaws may impose).
(5) A statutory instrument containing regulations made by the Secretary of State under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The confirming authority may, after consultation with the appropriate nature conservation body, direct the body—
(a) to revoke any byelaws previously made under this section; or
(b) to make such amendments of byelaws so made as may be specified in the direction.
(7) The appropriate nature conservation body has power to enforce byelaws made under this section.
(8) Except with the consent of the Director of Public Prosecutions, proceedings for an offence under byelaws made under this section may not be taken other than by the appropriate nature conservation body.'.—[Mr. Meacher.]
Clause 7
Amendment made: No. 38, in page 5, line 12, leave out Clause 7.—[Mr. Meacher.]
Order for Third Reading read:—[Queen's Consent, on behalf of the Crown, and Prince of Wales's Consent, on behalf of the Duchy of Cornwall, signified.]
Motion made, and Question proposed, That the Bill be now read the Third time.
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