|
| |
|
| |
| |
(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 |
| |
(a) | a Minister of the Crown, |
| |
(b) | a government department, |
| |
| |
(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, |
| |
| |
(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 |
| |
| |
(b) | designated property, rights or liabilities of the MMO to the Secretary of |
| 20 |
| |
(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 |
| |
| |
(5) | In this section and Schedule 3— |
| 25 |
“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 |
| |
| |
“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. |
| |
| |
(1) | The Secretary of State may by notice require any of the following— |
| 35 |
(a) | a Minister of the Crown, |
| |
(b) | a government department, |
| |
| |
| to provide to the MMO on a temporary basis such staff, premises or other |
| |
facilities as may be specified in the notice. |
| 40 |
(2) | In this section “statutory body” means any body or person established by or |
| |
| |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| 15 |
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 |
| 20 |
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 |
| |
| |
(8) | Part 1 of Schedule 4 (which contains amendments consequential on this |
| |
| 25 |
| |
(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 |
| |
| |
(b) | any area of sea within the limits of the exclusive economic zone, |
| 30 |
(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 |
| 40 |
(b) | the waters of every estuary, river or channel, so far as the tide flows at |
| |
mean high water spring tide. |
| |
|
| |
|
| |
|
(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 |
| 5 |
(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 |
| 10 |
| |
| |
(1) | Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is |
| |
| |
(2) | In subsection (1) after the definition of “Wales” insert “, and |
| 15 |
“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).” |
| 20 |
(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 |
| 25 |
adjacent to Wales, and those which are not.” |
| |
(4) | Part 2 of Schedule 4 (which contains amendments consequential on this |
| |
| |
(5) | The Secretary of State may by order make such modifications or amendments |
| |
| 30 |
(a) | any Act passed before the end of the Session in which this Act is passed, |
| |
| |
(b) | any instrument made before the end of that Session, |
| |
| as the Secretary of State considers appropriate in consequence of this section. |
| |
| 35 |
| |
| |
| |
44 | Marine policy statement |
| |
(1) | For the purposes of this Act a “marine policy statement” (an “MPS”) is a |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | An MPS may also include statements or information relating to policies |
| |
| |
(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; |
| |
| 15 |
(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. |
| |
45 | Preparation and coming into effect of statement |
| 20 |
(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, |
| |
| |
(c) | the Secretary of State. |
| 25 |
(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 |
| 30 |
| |
(4) | An MPS comes into effect when it has been published in accordance with |
| |
| |
| |
The policy authorities that prepared and adopted an MPS must review the |
| 35 |
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 |
| |
| |
(2) | Any amendment of an MPS must be prepared and adopted in accordance with |
| 40 |
| |
|
| |
|
| |
|
(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 |
| |
| |
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. |
| 15 |
(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 |
| |
(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 |
| |
| 25 |
(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. |
| 30 |
(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 |
| |
| |
(a) | the continuing validity or effect of any marine plan for any marine plan |
| |
| 35 |
(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. |
| |
| |
| |
| 40 |
(b) | the Edinburgh Gazette, and |
| |
| |
“interested persons” means— |
| |
|
| |
|
| |
|
(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. |
| |
| |
| 5 |
49 | 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; |
| 10 |
(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. |
| 15 |
(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 |
| |
| |
(a) | the Scottish inshore region; |
| 20 |
(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; |
| 25 |
(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. |
| 30 |
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 |
| 35 |
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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(7) | For the purposes of this Part, an MPS “governs marine planning” for an area |
| |
| |
(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 |
| |
| 20 |
| As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal |
| |
| |
(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 |
| |
| 25 |
(9) | A marine plan may also include statements or information relating to policies |
| |
| |
(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 |
| |
| 30 |
(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. |
| 35 |
(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 |
| |
| |
(3) | Any reference in this Act to a marine plan includes a reference to a marine plan |
| |
| 40 |
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. |
| |
|
| |
|