Marine and Coastal Access Bill [HL]

House of Commons

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

224
Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation

Schedules
Schedule 1
Section 1

The Marine Management Organisation
Status of the MMO
1     (1)
The MMO is a body corporate.
5
      (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,
10

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.
15
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—
20
(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.
25
      (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
30
deputy chair of the MMO (“the deputy chair”).

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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
5
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
10
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—
15
(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
20
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.
25
      (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
30
as—
(a)
the chair of the MMO,
(b)
the deputy chair, or
(c)
an ordinary member.
Suspension from, or termination of, office
35
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,
40

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(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
5
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),
10

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
15
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,
20
(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
25
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
30
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.
35
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
40
compensation,

the Secretary of State may require the MMO to make such payments to the
person as the Secretary of State may determine.

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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.
5
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
10
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
15
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
20
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;
25
(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.
30
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
35
Act applies) insert at the appropriate place—
“Marine Management Organisation.”

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      (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
5
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).
10
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).
15
      (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
20
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
25
(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-
30
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,
35
(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
40
of—

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(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
5
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
10
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
15
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
20
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—
25
(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
30
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
35
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.

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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—
5
(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.
10
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.
15
      (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—
20
(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
25
Section 1

Minor and consequential amendments relating to the MMO
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.”
30
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)
35
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