Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous
211

(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.
79H
Failure to comply with condition: immediate action notice
5
(1)
This section applies where—
(a)
a consent under section 79A(1) has been given subject to
conditions,
(b)
a person falling within subsection (2) fails to comply with a
condition, and
10
(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 79D(3).
15
(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—
20
(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 79G apply in relation to a person and an
immediate action notice as they apply in relation to the consent holder
25
and an emergency safety notice.
(6)
In this section “specified” means specified in the immediate action
notice.
Enforcement
79I
Carrying out operation without consent etc
30
(1)
It is an offence for a person—
(a)
to carry out an operation to which subsection (1) of section 79A
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.
35
(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.
79J
Offences relating to consents
40
(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
79A(1).

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous
212

(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 79A(1).
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
5
maximum, or
(b)
on conviction on indictment, to a fine.
79K
Failure to comply with direction under section 79E
(1)
It is an offence for a person to fail to comply with a direction under
section 79E, unless the person proves that due diligence was exercised
10
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.
15
79L
Failure to comply with notice under section 79F or 79H
(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 79G(1)).
20
(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.
79M
Injunctions restraining breaches of section 79A(1)
25
(1)
Where the Secretary of State considers it necessary or expedient to
restrain any actual or apprehended breach of section 79A(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
30
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.
35
(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.
40
79N
Inspectors
(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.

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous
213

(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;
5
(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).
10
(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—
15
(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.
79O
Criminal proceedings
20
(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.
25
(3)
In this section “relevant offence” means—
(a)
an offence under this Part, or
(b)
an offence created by regulations under section 79N.
Supplementary provisions
79P
Power to extend the application of this Part
30
(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—
35
(a)
which either fall within section 79A(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
40
(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—
45

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous
214

(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—
5
(a)
section 79A(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—
10
(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
15
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
20
virtue of section 30 of this Act.
(7)
In this section “specified” means specified in the order.
79Q
Interpretation of this Part
In this Part—
“authorised exploration or exploitation operation” has the
25
meaning given by section 79A(8);
“consent holder” means the person to whom a consent under
section 79A is given;
“emergency safety notice” is to be read in accordance with section
79F(3);
30
“immediate action notice” is to be read in accordance with section
79H(3);
“regulated zone” means the area that consists of—
(a)
the area of sea within the seaward limits of the territorial
sea, other than the Scottish inshore region, and
35
(b)
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;
40
“Scottish inshore region” has the same meaning as in the Marine
and Coastal Access Act 2009 (see section 316 of that Act);
“sea” includes—
(a)
any tidal waters; and
(b)
any land covered with water at mean high water spring
45
tide;

Marine and Coastal Access Bill [HL]
Part 11 — Supplementary provisions
215

“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—
5
“(va)
section 79N (power to make regulations in relation to
persons appointed as inspectors etc),
(vb)
section 79P (power to extend application of Part 4A),”.
Harbours Act 1964
309
Amendments of the Harbours Act 1964
10
Schedule 21 (which contains amendments of the Harbours Act 1964 (c. 40)) has
effect.
Part 11
Supplementary provisions
310
Regulations and orders
15
(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
20
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
25
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 137 (orders made for the
purpose of designating, or furthering the objectives of, MCZs);
30
(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)).
35
(6)
A statutory instrument or statutory rule which contains (whether alone or with
other provisions)—
(a)
any regulation or order which by virtue of subsection (2) or section
183(2)(d) makes provision amending primary legislation, or
(b)
any regulation or order under any of the provisions specified in
40
subsection (7),

is subject to draft affirmative procedure.

Marine and Coastal Access Bill [HL]
Part 11 — Supplementary provisions
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(7)
The provisions are—
(a)
section 43(5)(a);
(b)
section 66(3);
(c)
section 73;
(d)
section 93 or 95;
5
(e)
section 98(1) by virtue of section 98(2);
(f)
section 108;
(g)
section 142;
(h)
section 226;
(i)
paragraph 6 of Schedule 1.
10
(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.
15
(9)
Subsection (8) does not apply to a statutory instrument containing only orders
under section 318 (commencement orders).
(10)
In this Act—
“draft affirmative procedure” means—
(a)
in relation to any Order in Council, or any statutory instrument
20
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;
(b)
in relation to any statutory instrument made by the Scottish
Ministers, a requirement that a draft of the instrument be laid
25
before, and approved by a resolution of, the Scottish
Parliament;
(c)
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
30
for Wales;
(d)
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;
35
“negative resolution procedure” means—
(a)
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;
(b)
in relation to any statutory instrument made by the Scottish
40
Ministers, annulment in pursuance of a resolution of the
Scottish Parliament;
(c)
in relation to any statutory instrument made by the Welsh
Ministers, annulment in pursuance of a resolution of the
National Assembly for Wales;
45
(d)
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.).

Marine and Coastal Access Bill [HL]
Part 11 — Supplementary provisions
217

(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—
5
(a)
an Act of Parliament;
(b)
an Act of the Scottish Parliament;
(c)
a Measure of the National Assembly for Wales;
(d)
Northern Ireland legislation;
“secondary legislation” means subordinate legislation or any other
10
instrument made under primary legislation.
311
Directions
(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
15
limitations, to vary or revoke the direction.
312
Offences by directors, partners, etc
(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
20
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—
25
(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.
30
(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,
35

that person (as well as the firm) is guilty of that offence and liable to be
proceeded against and punished accordingly.
313
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
40
British citizens) does not apply to any proceedings for an offence under this
Act.