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Marine and Coastal Access Bill [HL]

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

218

 

314     

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

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addition to, or different from, that made by this Act.

315     

Repeals

   

Schedule 22 contains repeals.

316     

Interpretation

(1)   

In this Act—

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“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 310;

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“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—

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(a)   

the Scottish offshore region;

(b)   

the Welsh offshore region;

(c)   

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);

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“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

30

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;

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“nautical mile” means an international nautical mile of 1,852 metres;

“negative resolution procedure” has the meaning given in section 310;

“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

40

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—

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(a)   

a Minister of the Crown;

 

 

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

219

 

(b)   

a public body;

(c)   

a public office holder;

“public body” includes—

(a)   

a government department;

(b)   

a Northern Ireland department;

5

(c)   

a local authority (see subsection (2));

(d)   

a local planning authority;

(e)   

a statutory undertaker (see subsection (2));

“public office holder” means a person holding any of the following

offices—

10

(a)   

an office under the Crown;

(b)   

an office created or continued in existence by a public general

Act or by devolved legislation (see subsection (3));

(c)   

an office the remuneration in respect of which is paid out of

money provided by Parliament or a devolved legislature (see

15

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;

20

“Scottish offshore region” means so much of the UK marine area as lies

outside the Scottish inshore region and consists of—

(a)   

areas of sea which lie within the Scottish zone, and

(b)   

areas of sea which lie outside the Scottish zone but which are

nearer to any point on the baselines from which the breadth of

25

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

30

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;

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“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;

40

“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)—

45

“local authority” means—

(a)   

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;

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

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(b)   

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);

(c)   

in relation to Wales, a county council, a county borough council

or a community council;

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(d)   

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—

(a)   

Part 11 of the Town and Country Planning Act 1990 (c. 8);

10

(b)   

Part 10 of the Town and Country Planning (Scotland) Act 1997

(c. 8);

(c)   

the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220

(N.I. 11)).

(3)   

For the purposes of the definition of “public office holder” in subsection (1)—

15

“devolved legislation” means legislation passed by a devolved

legislature;

“devolved legislature” means—

(a)   

the Scottish Parliament;

(b)   

the National Assembly for Wales;

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(c)   

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

25

(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—

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(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—

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(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

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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

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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—

 

 

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

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(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

5

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.

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317     

Extent

(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

15

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;

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(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 305 and 306 (Natural England);

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(ii)   

section 307 (Countryside Council for Wales);

(iii)   

section 308 (which inserts Part 4A into the Energy Act 2008

(c. 32));

(g)   

Schedule 14 (minor and consequential amendments relating to IFC

authorities).

30

(3)   

Subject to subsection (2)—

(a)   

any repeal in Schedule 22 (and section 315 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.

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(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;

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(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 181 (powers of IFC officers

etc);

(g)   

in Part 7 (fisheries)—

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(i)   

sections 206 and 207 (crabs and lobsters);

 

 

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

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(ii)   

section 226 (keeping, introduction and removal of fish);

(h)   

in Part 8 (enforcement), Chapters 1 to 5 and section 289;

(i)   

this Part (other than section 315 and Schedule 22, except as provided by

subsection (2) or (3)).

(5)   

Subject to subsection (2), the following provisions also extend to Northern

5

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;

10

(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 289;

(g)   

this Part (other than section 315 and Schedule 22, except as provided by

subsection (2) or (3)).

15

(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

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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

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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;

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(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

35

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 206 (taking of crabs and lobsters for scientific purposes), and

40

(c)   

section 207 (orders prohibiting the taking and sale of certain lobsters),

   

do not extend to the Isle of Man or the Channel Islands.

318     

Commencement

(1)   

The following provisions of this Act come into force on the day on which this

Act is passed—

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(a)   

this Part, other than section 315 and Schedule 22;

 

 

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

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(b)   

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;

(c)   

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

5

and paragraph 9 of Schedule 4 (Welsh zone).

(2)   

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—

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(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 185 to 188 (inshore fisheries in Wales);

(d)   

Part 9 (coastal access).

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(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 315 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.

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(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—

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(i)   

Chapter 1 of Part 5 (MCZs);

(ii)   

the repeals in Schedule 22 relating to that Chapter;

(iii)   

section 315 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

30

fisheries district lying in Wales—

(i)   

in Part 6, section 182 (repeal of the Sea Fisheries Regulation Act

1966 (c. 38));

(ii)   

the repeals in Schedule 22 relating to that section;

(iii)   

section 315 so far as relating to that section and those repeals.

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(7)   

An order under subsection (5) may appoint different days for different

purposes.

(8)   

In this section “Wales” includes the Welsh inshore region.

319     

Short title

(1)   

This Act may be cited as the Marine and Coastal Access Act 2009.

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(2)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

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