Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
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Transfer schemes etc
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Transfer schemes
(1)
The Secretary of State may, in connection with the establishment of, or the
transfer of any functions to, the MMO, make one or more schemes for the
transfer to the MMO of designated property, rights or liabilities of any of the
5
following—
(a)
a Minister of the Crown,
(b)
a government department,
(c)
a statutory body.
(2)
The Secretary of State may make one or more schemes for the transfer of
10
designated property, rights or liabilities of the MMO to any of the following—
(a)
a Minister of the Crown,
(b)
a government department,
(c)
a statutory body.
(3)
In connection with the efficient management for public purposes of any
15
property, rights or liabilities, the Secretary of State may at any time make one
or more schemes for the transfer of—
(a)
designated property, rights or liabilities of the Secretary of State to the
MMO, or
(b)
designated property, rights or liabilities of the MMO to the Secretary of
20
State.
(4)
On the transfer date for any designated property, rights or liabilities, that
property and those rights and liabilities are transferred and vest in accordance
with the scheme.
(5)
In this section and Schedule 3—
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“designated”, in relation to a scheme, means specified or described in, or
determined in accordance with, the scheme;
“statutory body” means any body or person established by or under any
enactment;
“transfer date”, in relation to any property, rights or liabilities, means a
30
date specified by a scheme as the date on which the scheme is to have
effect in relation to that property or those rights or liabilities.
(6)
Schedule 3 makes further provision relating to schemes under this section.
40
Interim arrangements
(1)
The Secretary of State may by notice require any of the following—
35
(a)
a Minister of the Crown,
(b)
a government department,
(c)
a statutory body,

to provide to the MMO on a temporary basis such staff, premises or other
facilities as may be specified in the notice.
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(2)
In this section “statutory body” means any body or person established by or
under any enactment.

Marine and Coastal Access Bill [HL]
Part 2 — Exclusive economic zone, UK marine area and Welsh zone
25

Part 2
Exclusive economic zone, UK marine area and Welsh zone
41
Exclusive economic zone
(1)
The rights to which this section applies have effect as rights belonging to Her
Majesty by virtue of this section.
5
(2)
This section applies to all rights under Part V of the Convention that are
exercisable by the United Kingdom in areas outside the territorial sea.
(3)
Her Majesty may by Order in Council designate an area as an area within
which the rights to which this section applies are exercisable (an “exclusive
economic zone”).
10
(4)
The Secretary of State may by order designate the whole or any part of the
exclusive economic zone as an area in relation to which the Scottish Ministers,
the Welsh Ministers or any Northern Ireland department are to have functions.
(5)
In any enactment or instrument passed or made after the coming into force of
an Order in Council made under this section, any reference to the United
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Kingdom’s exclusive economic zone is to be read as a reference to any area
designated in the Order in Council.
(6)
An Order in Council under this section may include incidental, consequential,
supplementary or transitional provision or savings.
(7)
In this section “the Convention” means the United Nations Convention on the
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Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed
after the passing of this Act that have entered into force in relation to the
United Kingdom.
(8)
Part 1 of Schedule 4 (which contains amendments consequential on this
section) has effect.
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UK marine area
(1)
For the purposes of this Act, the “UK marine area” consists of the following—
(a)
the area of sea within the seaward limits of the territorial sea adjacent
to the United Kingdom,
(b)
any area of sea within the limits of the exclusive economic zone,
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(c)
the area of sea within the limits of the UK sector of the continental shelf
(so far as not falling within the area mentioned in paragraph (b), and
see also subsection (2)),

and includes the bed and subsoil of the sea within those areas.
(2)
The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK
35
marine area for any purpose only to the extent that such treatment for that
purpose does not contravene any international obligation binding on the
United Kingdom or Her Majesty’s government.
(3)
In this section “sea” includes—
(a)
any area submerged at mean high water spring tide, and
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(b)
the waters of every estuary, river or channel, so far as the tide flows at
mean high water spring tide.

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement
26

(4)
The area of sea referred to in subsection (3)(a) includes waters in any area—
(a)
which is closed, whether permanently or intermittently, by a lock or
other artificial means against the regular action of the tide, but
(b)
into which seawater is caused or permitted to flow, whether
continuously or from time to time, and
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(c)
from which seawater is caused or permitted to flow, whether
continuously or from time to time.
(5)
Until the coming into force of the first Order in Council made under section 41
(the exclusive economic zone), the reference in subsection (1)(b) to the
exclusive economic zone is to be read as a reference to a renewable energy
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zone.
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Welsh zone
(1)
Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is
amended as follows.
(2)
In subsection (1) after the definition of “Wales” insert “, and
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“Welsh zone” means the sea adjacent to Wales which is—
(a)
within British fishery limits (that is, the limits set by or
under section 1 of the Fishery Limits Act 1976), and
(b)
specified in an Order in Council under section 58 or an
order under subsection (3).”
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(3)
For subsection (3) substitute—
“(3)
The Secretary of State may by order determine, or make provision for
determining, for the purposes of the definitions of “Wales” and the
“Welsh zone”, any boundary between waters which are to be treated as
parts of the sea adjacent to Wales, or sea within British fishery limits
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adjacent to Wales, and those which are not.”
(4)
Part 2 of Schedule 4 (which contains amendments consequential on this
section) has effect.
(5)
The Secretary of State may by order make such modifications or amendments
of—
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(a)
any Act passed before the end of the Session in which this Act is passed,
or
(b)
any instrument made before the end of that Session,

as the Secretary of State considers appropriate in consequence of this section.
Part 3
35
Marine planning
Chapter 1
Marine policy statement
44
Marine policy statement
(1)
For the purposes of this Act a “marine policy statement” (an “MPS”) is a
40
document—

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement
27

(a)
in which the policy authorities that prepare and adopt it state general
policies of theirs (however expressed) for contributing to the
achievement of sustainable development in the UK marine area,
(b)
which has been prepared and adopted by those authorities in
accordance with Schedule 5, and
5
(c)
which states that it has been prepared and adopted for the purposes of
this section.
(2)
An MPS may also include statements or information relating to policies
contained in the MPS.
(3)
If to any extent a policy stated in an MPS conflicts with any other statement or
10
information in the MPS, that conflict must be resolved in favour of the policy.
(4)
In this Part “policy authority” means any of the following—
(a)
the Secretary of State;
(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
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(d)
the Department of the Environment in Northern Ireland.
(5)
Any reference in this Part to an MPS being adopted by any policy authorities
is a reference to the final text of the MPS being adopted by those authorities in
accordance with Schedule 5.
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Preparation and coming into effect of statement
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(1)
An MPS may only be prepared by—
(a)
all the policy authorities, acting jointly,
(b)
the Secretary of State and any one or more other policy authorities,
acting jointly, or
(c)
the Secretary of State.
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(2)
An MPS must not be prepared by the Secretary of State acting alone under
subsection (1)(c) unless the Secretary of State has first invited each of the other
policy authorities to participate in the preparation of an MPS.
(3)
A later MPS replaces an earlier MPS, whether or not the later MPS is prepared
and adopted by the same policy authorities that prepared and adopted the
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earlier MPS.
(4)
An MPS comes into effect when it has been published in accordance with
Schedule 5.
46
Review of statement
The policy authorities that prepared and adopted an MPS must review the
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MPS whenever they consider it appropriate to do so.
47
Amendment of statement
(1)
An MPS may be amended from time to time by the policy authorities which
prepared and adopted it.
(2)
Any amendment of an MPS must be prepared and adopted in accordance with
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Schedule 5.

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement
28

(3)
Any amendment of an MPS comes into effect when it has been published in
accordance with that Schedule.
(4)
Any reference in this Part to an amendment of an MPS being adopted by any
policy authorities is a reference to the final text of the amendment being
adopted by those authorities in accordance with that Schedule.
5
(5)
Any reference in this Act to an MPS includes a reference to an MPS as
amended.
48
Withdrawal of, or from, statement
(1)
If any of the policy authorities that prepared and adopted an MPS—
(a)
comes to the conclusion that it desires to withdraw from the MPS, and
10
(b)
publishes notice of that conclusion in each of the Gazettes,

the authority is to be regarded as having withdrawn from the MPS as from the
date on which the notice is so published.
(2)
Before arranging to publish any such notice, the policy authority must inform
each of the other policy authorities that it intends to do so.
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(3)
If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from
the date of the Secretary of State’s withdrawal.
(4)
If any other policy authority withdraws from an MPS, then, as from the date of
the authority’s withdrawal, the authority is to be treated for the purposes of
this Part as if it were not one of the policy authorities which adopted and
20
published the MPS.
(5)
If the Secretary of State withdraws from an MPS, the Secretary of State must
take such further steps as the Secretary of State considers appropriate to secure
that the withdrawal of the MPS is brought to the attention of interested
persons.
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(6)
If any other policy authority withdraws from an MPS, it must take such further
steps as it considers appropriate to secure that its withdrawal from the MPS is
brought to the attention of interested persons.
(7)
An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as
from the date of the withdrawal.
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(8)
Where a policy authority withdraws from an MPS, or an MPS is withdrawn by
virtue of the withdrawal of the Secretary of State, the withdrawal does not
affect—
(a)
the continuing validity or effect of any marine plan for any marine plan
area, or
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(b)
until such time as a new MPS governs marine planning for a marine
plan area, the construction of any marine plan for that marine plan area.
(9)
In this section—
“the Gazettes” means—
(a)
the London Gazette,
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(b)
the Edinburgh Gazette, and
(c)
the Belfast Gazette;
“interested persons” means—

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans
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(a)
any persons appearing to the policy authority to be likely to be
interested in, or affected by, the withdrawal of or from the MPS;
(b)
members of the general public.
Chapter 2
Marine plans
5
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Marine planning regions
(1)
The UK marine area comprises the following marine planning regions—
(a)
the English inshore region;
(b)
the English offshore region;
(c)
the Scottish inshore region;
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(d)
the Scottish offshore region;
(e)
the Welsh inshore region;
(f)
the Welsh offshore region;
(g)
the Northern Ireland inshore region;
(h)
the Northern Ireland offshore region.
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(2)
The definitions of those regions can be found in section 316.
50
Marine plan authorities
(1)
There is to be a marine plan authority for each marine planning region other
than—
(a)
the Scottish inshore region;
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(b)
the Northern Ireland inshore region.
(2)
The marine plan authority for each marine planning region is as follows—
(a)
for the English inshore region, the Secretary of State;
(b)
for the English offshore region, the Secretary of State;
(c)
for the Scottish offshore region, the Scottish Ministers;
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(d)
for the Welsh inshore region, the Welsh Ministers;
(e)
for the Welsh offshore region, the Welsh Ministers;
(f)
for the Northern Ireland offshore region, the Department of the
Environment in Northern Ireland.
(3)
References to a marine plan authority’s region are to be construed accordingly.
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51
Marine plans for marine plan areas
(1)
A marine plan authority may prepare a marine plan for an area (a “marine plan
area”) consisting of the whole or any part of its marine planning region.
(2)
A marine plan authority must seek to ensure that a marine plan is or plans are
prepared for the whole of its marine planning region where an MPS governs
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marine planning for the region.
(3)
A “marine plan” is a document which—
(a)
has been prepared and adopted for a marine plan area by the
appropriate marine plan authority in accordance with Schedule 6,

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans
30

(b)
states the authority’s policies (however expressed) for and in
connection with the sustainable development of the area, and
(c)
states that it is a marine plan prepared and adopted for the purposes of
this section.
(4)
For the purposes of this section “the appropriate marine plan authority” in the
5
case of any marine plan area is the marine plan authority in whose region the
marine plan area lies.
(5)
A marine plan must identify (by means of a map or otherwise) the marine plan
area for which it is a marine plan.
(6)
A marine plan must be in conformity with any MPS which governs marine
10
planning for the marine plan area unless relevant considerations indicate
otherwise.
(7)
For the purposes of this Part, an MPS “governs marine planning” for an area
if—
(a)
it has been adopted by the policy authority which is the marine plan
15
authority whose region consists of or includes the area,
(b)
it has been published in accordance with paragraph 12 of Schedule 5,
(c)
it has not been replaced or withdrawn, and
(d)
the policy authority mentioned in paragraph (a) has not withdrawn
from it.
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As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal
of, or from, an MPS).
(8)
Unless prepared and adopted by the Secretary of State, a marine plan must
state whether it includes provision relating to retained functions (see sections
59 and 60).
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(9)
A marine plan may also include statements or information relating to policies
contained in the plan.
(10)
If to any extent a policy stated in a marine plan conflicts with any other
statement or information in the plan, that conflict must be resolved in favour
of the policy.
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(11)
A marine plan comes into effect when it has been published by the marine plan
authority that prepared and adopted it in accordance with Schedule 6.
52
Amendment of marine plan
(1)
A marine plan may be amended from time to time by the marine plan authority
for the marine planning region in which the marine plan area lies.
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(2)
The provisions of this Part that relate to the preparation, adoption, publication
and coming into effect of a marine plan also apply in relation to amendments
of a marine plan.
(3)
Any reference in this Act to a marine plan includes a reference to a marine plan
as amended.
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53
Withdrawal of marine plan
(1)
A marine plan may be withdrawn at any time, but only in accordance with the
following provisions of this section.