Marine and Coastal Access Bill [HL]

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

Marine and Coastal Access Bill [HL]
Schedule 4 — Exclusive economic zone and Welsh zone: consequential amendments
Part 1 — Exclusive economic zone
235

Schedule 4
Sections 41 and 43

Exclusive economic zone and Welsh zone: consequential amendments
Part 1
Exclusive economic zone
Continental Shelf Act 1964
5
1     (1)
Section 8 of the Continental Shelf Act 1964 (c. 29) (application of the
Submarine Telegraph Act 1885 (c. 49) to pipe-lines and submarine cables) is
amended as follows.
      (2)
In subsection (1A) (submarine cables and pipe-lines under waters in an area
designated under section 1(7) of the 1964 Act) for “section 1(7) of this Act”
10
substitute “section 41(3) of the Marine and Coastal Access Act 2009
(exclusive economic zone).”.
Fishery Limits Act 1976
2     (1)
Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is
amended as follows.
15
      (2)
For subsection (1) substitute—
“(1)
Subject to the following provisions of this section, British fishery
limits extend to the seaward limits of any area for the time being
designated by Order in Council under section 41(3) of the Marine
and Coastal Access Act 2009 (exclusive economic zone).”.
20
      (3)
In consequence of the amendment made by sub-paragraph (2), subsections
(3) and (4) of that section cease to have effect.
      (4)
Her Majesty may by Order in Council repeal, substitute or amend section 1
of the Fishery Limits Act 1976 (British fishery limits), in so far as it extends
to the Channel Islands or the Isle of Man, to make appropriate provision in
25
consequence of the creation of the exclusive economic zone.
      (5)
An Order in Council under sub-paragraph (4) may—
(a)
make incidental, consequential, supplementary or transitional
provision or savings;
(b)
make different provision for different cases.
30
Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996
3     (1)
Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea
Convention) Order 1996 (S.I. 1996/282) (provision that may be made by
regulations) is amended as follows.
      (2)
In paragraph (2)(g) (power to specify areas of sea in which jurisdiction and
35
rights of the United Kingdom are exercisable) for “above any of the areas for
the time being designated under section 1(7) of the Continental Shelf Act
1964” substitute “within any area for the time being designated under
section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic
zone)”.
40

Marine and Coastal Access Bill [HL]
Schedule 4 — Exclusive economic zone and Welsh zone: consequential amendments
Part 2 — Welsh zone
236

      (3)
After paragraph (2)(g), insert—
“(h)
varying the area within which areas may for the time being
be specified under paragraph (g) to such area as may be
specified or described in the regulations.”.
      (4)
The amendment by this paragraph of a provision contained in subordinate
5
legislation is without prejudice to any power to amend that provision by
subordinate legislation.
Energy Act 2004
4     (1)
Section 84 of the Energy Act 2004 (c. 20) (exploitation of areas outside the
territorial sea for energy production) is amended as follows.
10
      (2)
For subsection (4) substitute—
“(4)
The area within which the rights to which this section applies are
exercisable (the “Renewable Energy Zone”)—
(a)
is any area for the time being designated under section 41(3)
of the Marine and Coastal Access Act 2009 (exclusive
15
economic zone), but
(b)
if Her Majesty by Order in Council declares that the
Renewable Energy Zone extends to such other area as may be
specified in the Order, is the area resulting from the Order.”.
Energy Act 2008
20
5     (1)
Section 1 of the Energy Act 2008 (c. 32) (exploitation of areas outside the
territorial sea for gas importation and storage) is amended as follows.
      (2)
For subsection (5) substitute—
“(5)
The area within which the rights to which this section applies are
exercisable (the “Gas Importation and Storage Zone”)—
25
(a)
is any area for the time being designated under section 41(3)
of the Marine and Coastal Access Act 2009 (exclusive
economic zone), but
(b)
if Her Majesty by Order in Council declares that the Gas
Importation and Storage Zone extends to such other area as
30
may be specified in the Order, is the area resulting from the
Order.”.
Part 2
Welsh zone
Fishery Limits Act 1976
35
6
The Fishery Limits Act 1976 (c. 86) is amended as follows.
7
In section 2 (access to British fisheries) after subsection (9) insert—
“(10)
This section applies to Wales with the modifications that—
(a)
for “relevant British fishery limits”, in each place where it
appears, there is substituted “the Welsh zone”;
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Marine and Coastal Access Bill [HL]
Schedule 4 — Exclusive economic zone and Welsh zone: consequential amendments
Part 2 — Welsh zone
237

(b)
for “those limits”, or “limits”, in each place where those
words appear, there is substituted “that zone” or “zone”
respectively; and
(c)
in subsection (7) for “either House of Parliament” there is
substituted “the National Assembly for Wales”.”
5
8
In section 8 (interpretation) after the definition of “sea fish” insert—
““the Welsh zone” has the same meaning as in the Government
of Wales Act 2006;”.
Government of Wales Act 2006
9     (1)
The Government of Wales Act 2006 (c. 32) is amended as follows.
10
      (2)
In section 37(2) (power of Assembly to call for witnesses and documents)
after “Wales” insert “or the Welsh zone”.
      (3)
In section 58 (transfer of Ministerial functions)—
(a)
in subsection (1)(a), after “Wales” insert “or the Welsh zone”,
(b)
in subsection (1)(c), after “Wales” insert “or the Welsh zone”, and
15
(c)
after subsection (1) insert—
“(1A)
An Order in Council under this section may not make
provision about a function of a Minister of the Crown
exercisable in relation to the area of the Welsh zone beyond
the seaward limit of the territorial sea unless the function is
20
connected with fishing, fisheries or fish health.
(1B)
Subsection (1A) does not have effect in relation to an Order in
Council to the extent that it contains provision made by
virtue of paragraph 4 of Schedule 3 (functions exercisable
beyond the territorial sea).”
25
      (4)
In section 59 (implementation of Community law)—
(a)
in subsection (4)(c) for “Wales or a part of Wales” substitute “Wales,
the Welsh zone or a part of Wales or the Welsh zone”, and
(b)
in subsection (7)(c) for “Wales or a part of Wales” substitute “Wales,
the Welsh zone or a part of Wales or the Welsh zone”.
30
      (5)
In section 80(2)(b) (Community law) for “the whole or part of Wales”
substitute “the whole or part of Wales or of the Welsh zone”.
      (6)
In section 82(5)(b) (international obligations) for “the whole or part of
Wales” substitute “the whole or part of Wales or of the Welsh zone”.
      (7)
In section 155(1)(b) (functions exercisable in relation to Wales) after “Wales”
35
insert “or the Welsh zone”.
      (8)
In section 159 (index of defined expressions), insert at the appropriate
place—

““Welsh zone”
section 158(1), (3) and (4)”.

Marine and Coastal Access Bill [HL]
Schedule 5 — Preparation of an MPS or of amendments of an MPS
238

Schedule 5
Sections 44 and 47

Preparation of an MPS or of amendments of an MPS
Introductory
1
Before any policy authorities publish a relevant document, they must
comply with the requirements imposed by the following provisions of this
5
Schedule.
Interpretation
2     (1)
In this Schedule—
“consultation draft” is to be read in accordance with paragraph 8;
“the final text” means that draft of the relevant document which is
10
adopted by the relevant authorities and published by them under
paragraph 12 as the relevant document;
“the relevant authorities” means the policy authorities that publish the
relevant document;
“relevant document” means—
15
(a)
an MPS, or
(b)
amendments of an MPS;
“SPP” means a statement of public participation under paragraph 4.
      (2)
In this Schedule—
(a)
any reference to each, some or any of the relevant authorities is a
20
reference to those authorities separately,
(b)
any other reference to the relevant authorities is a reference to those
authorities acting jointly.
Consultation in Northern Ireland
3     (1)
If one of the relevant authorities is the Department of the Environment in
25
Northern Ireland, that Department must consult the other relevant Northern
Ireland departments—
(a)
during the preparation of the consultation draft, and
(b)
during the settling of the final text.
      (2)
For the purposes of this paragraph, the relevant Northern Ireland
30
departments are those Northern Ireland departments which have functions
in relation to the whole or any part of the UK marine area.
Statement of public participation
4     (1)
The relevant authorities must prepare and publish a statement of public
participation (an “SPP”).
35
      (2)
An SPP is a statement of the policies settled by the relevant authorities for or
in connection with the involvement of interested persons in the preparation
of the relevant document.
      (3)
The relevant authorities must publish the SPP in a way calculated to bring it
to the attention of interested persons.
40
      (4)
In this paragraph “interested persons” means—

Marine and Coastal Access Bill [HL]
Schedule 5 — Preparation of an MPS or of amendments of an MPS
239

(a)
any persons appearing to the relevant authorities to be likely to be
interested in, or affected by, policies proposed to be included in the
relevant document, and
(b)
members of the general public.
      (5)
Each of the relevant authorities must take all reasonable steps to comply
5
with the SPP.
Further provision about the content of an SPP
5     (1)
An SPP must include a proposed timetable.
      (2)
The proposed timetable must include such provision as the relevant
authorities consider reasonable for each of the following—
10
(a)
the preparation and publication of a consultation draft under
paragraph 8;
(b)
the making of representations about the consultation draft;
(c)
the consideration of representations under paragraph 9 and the
settling of the final text;
15
(d)
the adoption and publication of the relevant document.
      (3)
An SPP may include provision for or in connection with the holding of
public meetings about the consultation draft.
      (4)
An SPP must include provision about the making of representations under
paragraph 9 about the consultation draft, including provision about—
20
(a)
the manner in which representations may be made;
(b)
the time within which representations must be made.
      (5)
An SPP must state the period which it is proposed will be allocated for
legislative scrutiny of the consultation draft under paragraph 10 (resolution
or recommendations by appropriate legislative body or committee).
25
Review and revision of an SPP
6     (1)
The relevant authorities must keep the SPP under review.
      (2)
If at any time the relevant authorities consider it necessary or expedient to
revise the SPP, they must do so.
      (3)
Where the relevant authorities revise the SPP, they must publish it as
30
revised.
      (4)
Any reference in this Schedule to an SPP includes a reference to an SPP as
revised.
Sustainability appraisal
7     (1)
The relevant authorities must carry out an appraisal of the sustainability of
35
their proposals for inclusion in the relevant document.
      (2)
The relevant authorities may proceed with those proposals only if they
consider that the results of the appraisal indicate that it is appropriate to do
so.
      (3)
The relevant authorities must publish a report of the results of the appraisal.
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Marine and Coastal Access Bill [HL]
Schedule 5 — Preparation of an MPS or of amendments of an MPS
240

      (4)
The report is to be published when the relevant authorities publish the
consultation draft under paragraph 8.
Preparation and publication of a consultation draft
8     (1)
The relevant authorities must prepare and publish a draft of the proposed
relevant document (the “consultation draft”).
5
      (2)
The relevant authorities must publish the consultation draft in such manner
as they consider appropriate.
      (3)
They must also take such steps as they consider appropriate to secure that
the proposals contained in the consultation draft are brought to the attention
of interested persons.
10
      (4)
In sub-paragraph (3) “interested persons” means—
(a)
any persons appearing to the relevant authorities to be likely to be
interested in, or affected by, policies proposed to be included in the
relevant document, and
(b)
members of the general public.
15
Representations about the consultation draft
9     (1)
Any person may make representations about the consultation draft.
      (2)
Any such representations are to be made in accordance with the SPP.
      (3)
If any representations are made about the consultation draft, the relevant
authorities must consider them in the course of settling the final text.
20
The appropriate legislative procedure
10    (1)
A policy authority must not adopt the final text unless it has complied with
the requirements of this paragraph.
      (2)
The policy authority must lay a copy of the consultation draft before the
appropriate legislature.
25
      (3)
The appropriate legislature is—
(a)
in the case of the Secretary of State, Parliament;
(b)
in the case of the Scottish Ministers, the Scottish Parliament;
(c)
in the case of the Welsh Ministers, the National Assembly for Wales;
(d)
in the case of the Department of the Environment in Northern
30
Ireland, the Northern Ireland Assembly.
      (4)
If during the period allocated to it for legislative scrutiny of the consultation
draft—
(a)
an appropriate legislative body makes a resolution with regard to the
consultation draft, or
35
(b)
an appropriate legislative committee makes recommendations with
regard to the consultation draft,

sub-paragraph (5) applies.
      (5)
The policy authority must lay before the appropriate legislature a statement
setting out the policy authority’s response to the resolution or
40
recommendations.

Marine and Coastal Access Bill [HL]
Schedule 5 — Preparation of an MPS or of amendments of an MPS
241

      (6)
The period allocated to an appropriate legislative body or appropriate
legislative committee for legislative scrutiny of the consultation draft is such
period as the policy authority may specify.
      (7)
The policy authority must specify the period allocated for legislative
scrutiny of the consultation draft on or before the day on which a copy of
5
that draft is laid before the appropriate legislature under sub-paragraph (2).
      (8)
In this paragraph—
“appropriate legislative body” means—
(a)
in the case of the Secretary of State, either House of
Parliament;
10
(b)
in the case of any other policy authority, the appropriate
legislature;
“appropriate legislative committee” means—
(a)
in the case of the Secretary of State, a committee of either
House of Parliament;
15
(b)
in the case of any other policy authority, a committee of the
appropriate legislature.
Differences between the consultation draft and the final text
11    (1)
This paragraph applies if there are any differences between—
(a)
the proposed policies, statements and information contained in the
20
consultation draft, and
(b)
the policies, statements and information contained in the final text.
      (2)
When the relevant authorities publish the relevant document, they must also
publish—
(a)
a summary of the differences, and
25
(b)
a statement of the reasons for them.
Adoption and publication of the relevant document
12    (1)
A policy authority adopts the final text by—
(a)
deciding that the final text is to be published as the relevant
document, and
30
(b)
giving notice of that decision to each of the other policy authorities.
      (2)
The relevant document is to be published by the relevant authorities, acting
jointly, as soon as reasonably practicable after the final text has been adopted
by each of them.
      (3)
If the final text has been adopted by one or more, but not all, of the policy
35
authorities, the authorities that have not adopted the final text must be
allowed a reasonable period in which to do so before the relevant document
is published.
Validity of document where policy authority participates in preparation but does not adopt
13    (1)
If any policy authority—
40
(a)
participates to any extent in the preparation of a relevant document,
but
(b)
does not adopt the final text,