Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 1 — Establishment
1

[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision in relation to marine functions and activities; to make
provision about migratory and freshwater fish; to make provision for and in
connection with the establishment of an English coastal walking route and of
rights of access to land near the English coast; to enable the making of
Assembly Measures in relation to Welsh coastal routes for recreational
journeys and rights of access to land near the Welsh coast; to make further
provision in relation to Natural England and the Countryside Council for
Wales; to make provision in relation to works which are detrimental to
navigation; to amend the Harbours Act 1964; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Marine Management Organisation
Chapter 1
Establishment
1
The Marine Management Organisation
5
(1)
There is to be a body known as the Marine Management Organisation (“the
MMO”).
(2)
The MMO is to have the functions conferred on it by or under this Act or any
other enactment.
(3)
Schedule 1 contains further provisions about the MMO.
10
(4)
Schedule 2 contains minor and consequential amendments relating to the
MMO.

Bill 108
54/4

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 1 — Establishment
2

2
General objective
(1)
It is the duty of the MMO to secure that the MMO functions are so exercised
that the carrying on of activities by persons in the MMO’s area is managed,
regulated or controlled—
(a)
with the objective of making a contribution to the achievement of
5
sustainable development (see subsections (2) and (4) to (11)),
(b)
taking account of all relevant facts and matters (see subsection (3)), and
(c)
in a manner which is consistent and co-ordinated (see subsection (12)).

Any reference in this Act to the MMO’s “general objective” is a reference to the
duty imposed on the MMO by this subsection.
10
(2)
In pursuit of its general objective, the MMO may take any action which it
considers necessary or expedient for the purpose of furthering any social,
economic or environmental purposes.
(3)
For the purposes of subsection (1)(b), the facts and matters that may be taken
into account include each of the following—
15
(a)
scientific evidence, whether available to, or reasonably obtainable by,
the MMO;
(b)
other evidence so available or obtainable relating to the social,
economic or environmental elements of sustainable development;
(c)
such facts or matters not falling within paragraph (a) or (b) as the MMO
20
may consider appropriate.

See also section 24 (powers of MMO in relation to research).
(4)
The Secretary of State is to give the MMO guidance as to the manner in which
the MMO is to seek to secure that the contribution to the achievement of
sustainable development mentioned in subsection (1)(a) is made (and see also
25
section 38 (guidance)).
(5)
In preparing any such guidance the Secretary of State must take into
consideration—
(a)
the functions of the MMO, and
(b)
the resources available, or likely to be available, to the MMO.
30
(6)
A draft of any guidance proposed to be given under this section is to be laid
before each House of Parliament.
(7)
Guidance is not to be given under this section until after the end of the period
of 40 days beginning with—
(a)
the day on which a draft of the guidance is so laid, or
35
(b)
if the draft is laid on different days, the later of the two days.
(8)
If, within that period, either House resolves that the guidance, the draft of
which was laid before it, should not be given, the Secretary of State must not
give that guidance.
(9)
In reckoning any period of 40 days for the purposes of subsection (7) or (8), no
40
account is to be taken of any time during which—
(a)
Parliament is dissolved or prorogued, or
(b)
both Houses are adjourned for more than four days.
(10)
The Secretary of State must publish, in such manner as the Secretary of State
may determine, any guidance given to the MMO under this section.
45

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
3

(11)
The MMO must provide any person on request with a copy of the whole or any
part of any such guidance.
(12)
In this section—
“consistent and co-ordinated” includes taking into account the effect (if
any) that decisions in respect of—
5
(a)
any particular part of the MMO’s area, or
(b)
the carrying on of any activity within that area,
will have on any other part of that area or the carrying on of any other
activity in that area;
“evidence” includes predictions and other opinions resulting from the
10
consideration of evidence by any person;
“the MMO’s area” means those parts of the UK marine area, or of the
United Kingdom, where MMO functions are exercisable;
“MMO functions” means functions exercisable by or on behalf of the
MMO.
15
3
Performance
(1)
The MMO is to use its best endeavours to meet such objectives as the Secretary
of State may from time to time set with regard to the quality and effectiveness
of its performance.
(2)
Subsection (6) of section 24 of the Legislative and Regulatory Reform Act 2006
20
(c. 51) (consultation) does not apply in relation to an order under subsection (2)
of that section specifying regulatory functions of the MMO as functions to
which sections 21 and 22 of that Act (principles and code of practice) apply.
Chapter 2
Transfer of functions to the MMO
25
Sea Fish (Conservation) Act 1967
4
Licensing of fishing boats
(1)
The Secretary of State’s function of granting licences under section 4 of the Sea
Fish (Conservation) Act 1967 (c. 84) (licensing of fishing boats) is transferred to
the MMO.
30
(2)
In subsection (1)(a) of that section (power by order to prohibit fishing unless
authorised by a licence granted by one of the Ministers) the reference to one of
the Ministers is to be read as including a reference to the MMO instead of a
reference to the Secretary of State.
(3)
In the following provisions of that section—
35
(a)
subsection (6) (conditions of licence),
(b)
subsection (7) (powers to require information),
(c)
subsection (9) (power to vary, revoke or suspend a licence),
(d)
subsection (10) (power to make a refund on variation, revocation or
suspension),
40

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
4


any reference to the Minister granting a licence, or to the Minister who granted
a licence, is to be read, in the case of licences granted or treated as granted by
the Secretary of State or the MMO, as a reference to the MMO.
(4)
In the application of subsection (8) of that section (power to issue limited
number of licences) in relation to the licensing powers of the MMO under that
5
section, the reference to the Ministers is to be read as a reference to the MMO.
(5)
In any orders made under that section, any reference which includes a
reference to the Secretary of State is to be read, as respects any area where the
MMO exercises functions under or by virtue of that section, as including
instead a reference to the MMO.
10
(6)
After subsection (11) of that section insert—
“(11A)
As respects any function under this section, other than a function of
making an order,—
(a)
the Marine Management Organisation may make arrangements
for the function to be exercised on its behalf by the Scottish
15
Ministers, and
(b)
the Scottish Ministers may make arrangements for the function
to be exercised on their behalf by the Marine Management
Organisation.

An arrangement under this subsection does not affect a person’s
20
responsibility for the exercise of the function.
(11B)
A person exercising a function on behalf of another by virtue of
subsection (11A) above may charge that other such fees as the person
considers reasonable in respect of the cost of doing so.”.
(7)
The grant, variation, revocation or suspension of a licence under that section
25
by or on behalf of the Secretary of State before the coming into force of this
section has effect as from the coming into force of this section as the grant,
variation, revocation or suspension of the licence by the MMO.
(8)
Where a decision to grant, vary, revoke or suspend a licence under that
section—
30
(a)
has been taken by or on behalf of the Secretary of State before the
coming into force of this section, but
(b)
has not been notified in accordance with regulations under section 4B
of the Sea Fish (Conservation) Act 1967 (c. 84),

the decision has effect as from the coming into force of this section as a decision
35
taken by the MMO.
(9)
Where, before the coming into force of this section, an application for a licence
under section 4 of that Act, or for the variation of such a licence,—
(a)
has been made to the Secretary of State or a person acting on behalf of
the Secretary of State, but
40
(b)
has not been determined or withdrawn,

the application is to be treated as from the coming into force of this section as
an application made to the MMO.
5
Restrictions on time spent at sea: appeals
In section 4AA(5) of the Sea Fish (Conservation) Act 1967 (duty to vary licence
45
to give effect to determination of tribunal on appeal) the reference to the

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
5

Minister who granted the licence is to be read, in the case of licences granted or
treated as granted by the Secretary of State or the MMO, as a reference to the
MMO.
6
Trans-shipment licences for vessels
(1)
The Secretary of State’s function of granting licences under section 4A of the
5
Sea Fish (Conservation) Act 1967 (c. 84) (licences for the receiving by a vessel
of fish trans-shipped from another vessel) is transferred to the MMO.
(2)
In subsection (1) of that section (power by order to prohibit trans-shipping of
fish unless authorised by a licence granted by one of the Ministers) the
reference to one of the Ministers is to be read as including a reference to the
10
MMO instead of a reference to the Secretary of State.
(3)
In the following provisions of that section—
(a)
subsection (6) (conditions of licence),
(b)
subsection (7) (powers to require information),
(c)
subsection (10) (power to vary, revoke or suspend a licence),
15
(d)
subsection (11) (power to make a refund on variation, revocation or
suspension),

any reference to the Minister granting a licence, or to the Minister who granted
a licence, is to be read, in the case of licences granted or treated as granted by
the Secretary of State or the MMO, as a reference to the MMO.
20
(4)
In the application of subsection (9) of that section (power to issue limited
number of licences) in relation to the licensing powers of the MMO under that
section, the reference to the Ministers is to be read as a reference to the MMO.
(5)
In any orders made under that section, any reference which includes a
reference to the Secretary of State is to be read, as respects any area where the
25
MMO exercises functions under or by virtue of that section, as including
instead a reference to the MMO.
(6)
The grant, variation, revocation or suspension of a licence under that section
by or on behalf of the Secretary of State before the coming into force of this
section has effect as from the coming into force of this section as the grant,
30
variation, revocation or suspension of the licence by the MMO.
(7)
Where a decision to grant, vary, revoke or suspend a licence under that
section—
(a)
has been taken by or on behalf of the Secretary of State before the
coming into force of this section, but
35
(b)
has not been notified in accordance with regulations under section 4B
of the Sea Fish (Conservation) Act 1967,

the decision has effect as from the coming into force of this section as a decision
taken by the MMO.
(8)
Where, before the coming into force of this section, an application for a licence
40
under section 4A of that Act, or for the variation of such a licence,—
(a)
has been made to the Secretary of State or a person acting on behalf of
the Secretary of State, but
(b)
has not been determined or withdrawn,

the application is to be treated as from the coming into force of this section as
45
an application made to the MMO.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
6

(9)
The heading to the section is to be “Licensing of vessels receiving trans-shipped
fish”.
7
Regulations supplementary to sections 4 and 4A
In any regulations made under section 4B of the Sea Fish (Conservation) Act
1967 (c. 84) any reference to the Secretary of State, or which includes a reference
5
to the Secretary of State, is to be read, as respects any area where the MMO
exercises functions under or by virtue of section 4 or 4A of that Act (licensing
of fishing boats and trans-shipment licences for vessels), as a reference to the
MMO or, as the case may be, as including instead a reference to the MMO.
8
Exemptions for operations for scientific and other purposes
10
(1)
The functions of the Secretary of State under subsections (1) to (4) of section 9
of the Sea Fish (Conservation) Act 1967 (exemption of certain things done
under the authority of one of the Ministers) are transferred to the MMO.
(2)
In that section, after subsection (6) insert—
“(6A)
The Secretary of State may make regulations with respect to
15
applications to the Marine Management Organisation for authority
under this section.
(6B)
The provision that may be made in any such regulations includes
provision as to—
(a)
the manner in which, and time before which, any such
20
application is to be made, and
(b)
the charging of a reasonable fee by the Marine Management
Organisation for dealing with an application.
(6C)
The power to make regulations under this section shall be exercisable
by statutory instrument.
25
(6D)
A statutory instrument containing regulations under this section shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.”.
(3)
Any authority granted or treated as granted by the Secretary of State under that
section before the coming into force of this section is to have effect as from the
30
coming into force of this section as an authority granted by the MMO.
Nature conservation
9
Licences to kill or take seals
(1)
The Secretary of State’s functions of granting and revoking licences under
section 10 of the Conservation of Seals Act 1970 (c. 30) (power to grant licences)
35
are transferred to the MMO.
(2)
Any licences—
(a)
granted by the Secretary of State under that section before the coming
into force of this section, and
(b)
having effect in relation to the whole or any part of England or the
40
English inshore region,

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
7


are to have effect as from the coming into force of this section as licences
granted by the MMO.
(3)
Any application for a licence under that section in relation to the whole or any
part of England or the English inshore region which was made, but not
determined or withdrawn, before the coming into force of this section is to be
5
treated as an application made to the MMO after the coming into force of this
section.
10
Wildlife and Countryside Act 1981
(1)
Section 16 of the Wildlife and Countryside Act 1981 (c. 69) (power to grant
licences) is amended as follows.
10
(2)
After subsection (8) insert—
“(8A)
In this section, in the case of a licence under any of subsections (1) to (4),
so far as relating to the restricted English inshore region (see subsection
(12)), “the appropriate authority” means the Marine Management
Organisation.”.
15
(3)
In subsection (9) (meaning of “the appropriate authority”) at the beginning
insert “Except as provided by subsection (8A),”.
(4)
At the end of the section insert—
“(12)
In this section—
(a)
“the restricted English inshore region” means so much of the
20
English inshore region as lies to seaward of mean low water
mark;
(b)
“the English inshore region” has the meaning given by section
316 of the Marine and Coastal Access Act 2009.”.
(5)
To the extent that an application for a licence under section 16 of the Wildlife
25
and Countryside Act 1981 which was made, but not determined or withdrawn,
before the coming into force of this section relates to the restricted English
inshore region, the application is to be treated as an application made to the
MMO after the coming into force of this section.
11
Sea Fisheries (Wildlife Conservation) Act 1992
30
In section 1(1) of the Sea Fisheries (Wildlife Conservation) Act 1992 (c. 36)
(conservation in the exercise of sea fisheries functions) after “the Minister or
Ministers” insert “or the Marine Management Organisation”.
Generating and renewable energy installations
12
Certain consents under section 36 of the Electricity Act 1989
35
(1)
The electricity consent functions of the Secretary of State are transferred to the
MMO.
(2)
The electricity consent functions are functions under any of the following
sections of the Electricity Act—
(a)
section 36(1), (5) and (7) (giving consent for construction etc of
40
generating stations, and prosecuting breaches of that requirement),