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]
Schedule 20 — Establishment and maintenance of the English coastal route etc
310

      (4)
Sections 7 and 8 of, and Schedule 3 to, the CROW Act have effect in relation
to an appeal under this paragraph as they have effect in relation to an appeal
under section 6 of that Act.
      (5)
Regulations may make provision as to—
(a)
the period within which and manner in which appeals under this
5
paragraph are to be brought,
(b)
the advertising of such appeals, and
(c)
the manner in which such appeals are to be considered.
      (6)
Where an appeal has been brought under this paragraph against a notice
under paragraph 3(3) given by Natural England or an access authority, it
10
may not exercise its powers under paragraph 3(7) pending the
determination or withdrawal of the appeal.
Power for Natural England to fund works
5
Natural England may meet or contribute towards expenditure incurred or
to be incurred by any person in carrying out—
15
(a)
works of a kind which could be the subject of an agreement under
paragraph 2, and
(b)
works of a kind which could be the subject of an agreement under
section 35 of the CROW Act entered into by Natural England by
virtue of paragraph 1.
20
Erection and maintenance of notices and signs
6     (1)
Natural England may erect and maintain notices or signs within sub-
paragraph (2) on—
(a)
any land over which the English coastal route passes, and
(b)
any other land which is within section 290(5)(a) (land which is
25
accessible to the public by virtue of section 3A of the CROW Act).
      (2)
The notices or signs within this sub-paragraph are those which—
(a)
identify, or provide information about, the English coastal route (or
any part of it), or
(b)
warn the public of the existence of obstacles or hazards along that
30
route,

and any other notices or signs which relate to the English coastal route.
      (3)
Before erecting a notice or sign on any land under this paragraph, Natural
England must, so far as reasonably practicable, consult the owner and (if
different) the person in lawful occupation of the land.
35
      (4)
Natural England may meet or contribute towards expenditure incurred or
to be incurred by any person in displaying notices or signs of a kind which
may be erected under this paragraph.
      (5)
Natural England may, in relation to any land, delegate to the access
authority in relation to the land any function conferred on Natural England
40
by this paragraph.
      (6)
Nothing in this paragraph applies in relation to the English coastal route in
so far as it passes along—
(a)
a public right of way over which there are rights of way for
mechanically propelled vehicles, or
45

Marine and Coastal Access Bill [HL]
Schedule 20 — Establishment and maintenance of the English coastal route etc
311

(b)
a footway comprised in a highway which also comprises a way
within paragraph (a).
      (7)
For the purposes of sub-paragraph (6)—
“mechanically propelled vehicle” does not include a vehicle falling
within paragraph (c) of section 189(1) of the Road Traffic Act 1988
5
(c. 52);
“footway” has the same meaning as in section 329 of the Highways Act
1980 (c. 66).
7
In section 19 of the CROW Act (notices indicating boundaries of access land
etc), after subsection (4) insert—
10
“(5)
In the case of access land that is coastal margin, the powers conferred
on an access authority by this section are also exercisable by Natural
England.”
Removal of notices and signs
8     (1)
Any notice or sign to which this paragraph applies may be removed by—
15
(a)
Natural England, or
(b)
where authorised to act on its behalf, the access authority in relation
to the land on which the sign or notice is erected.
      (2)
This paragraph applies to—
(a)
a notice or sign erected under paragraph 6, and
20
(b)
a notice erected under section 19 of the CROW Act (notices
indicating boundaries of access land, etc) in relation to land which is
coastal margin.
      (3)
Before removing a notice or sign on any land under sub-paragraph (1), a
person must, so far as reasonably practicable, consult the owner of the land
25
and (if different) the person in lawful occupation of the land.
      (4)
Natural England may meet or contribute towards expenditure incurred or
to be incurred by any person in removing notices or signs of a kind which
may be erected under paragraph 6 or (in relation to land which is coastal
margin) under section 19 of the CROW Act.
30
Powers of entry
9     (1)
A person who is authorised by Natural England may enter any land—
(a)
for the purpose of surveying that or any other land in connection
with the preparation of a report under section 51 or 55 of the 1949 Act
pursuant to the coastal access duty;
35
(b)
in connection with the consideration of any representations made to
Natural England in respect of a report submitted under section 51 of
that Act pursuant to that duty;
(c)
for the purpose of assisting Natural England to determine whether
to exercise the power conferred by section 295(2) (including the
40
power conferred by section 295(3)(b)) (decision to treat waters of
river as part of the sea);
(d)
for the purpose of assisting Natural England to provide the Secretary
of State with advice in connection with the exercise of the Secretary
of State’s power under section 294(2)(b) (power to specify islands).
45

Marine and Coastal Access Bill [HL]
Schedule 20 — Establishment and maintenance of the English coastal route etc
312

      (2)
A person who is authorised by Natural England or the appropriate access
authority may enter any land—
(a)
for the purpose of determining whether any works of the kind
mentioned in paragraph 2(3) are required in respect of any land;
(b)
for the purpose of carrying out works under—
5
(i)
an agreement entered into pursuant to paragraph 2(4)(a), or
(ii)
an agreement entered into pursuant to section 35(2)(a) of the
CROW Act for the purposes of the coastal access duty;
(c)
for the purposes of—
(i)
carrying out works under paragraph 2(6) or 3(7),
10
(ii)
carrying out works under section 36(1) or (5) of the CROW
Act in connection with an agreement entered into for the
purposes of the coastal access duty, or
(iii)
carrying out works under section 37(5) of that Act for the
purposes of that duty;
15
(d)
for the purpose of ascertaining whether members of the public are
being permitted to exercise the rights conferred on them in relation
to section 15 route land by or under an enactment mentioned in
section 15(1) of the CROW Act;
(e)
in connection with an appeal under paragraph 4;
20
(f)
for the purpose of erecting, maintaining or removing notices or signs
under paragraph 6 or 8 or, in relation to land which is coastal margin,
under section 19 of the CROW Act.
      (3)
Subsections (5) to (7), (9) and (10) of section 40 of the CROW Act (powers of
entry for the purposes of Part 1 of that Act) apply in relation to a person
25
acting in the exercise of a power conferred by this paragraph, and the rights
conferred by this paragraph, as they apply in relation to a person acting in
the exercise of a power conferred by that section and the rights conferred by
that section.
      (4)
Section 41 of that Act (compensation relating to powers under section 40) has
30
effect as if the reference to section 40 of that Act included a reference to this
paragraph.
      (5)
A person may not under this paragraph demand admission as of right to any
occupied land, other than access land or land over which the English coastal
route passes, unless—
35
(a)
in a case where the power of entry is exercised for the purposes of
carrying out works as mentioned in sub-paragraph (2)(b) or (c)—
(i)
the works are to be carried out on the land and a notice has
been given to the occupier of the land under paragraph 2(6)
or 3(3) or under section 36(1) or (3) or 37(1) of the CROW Act
40
in connection with the works, or
(ii)
at least 7 days’ notice of the intended entry has been given to
the occupier;
(b)
in any other case, at least 24 hours’ notice of the intended entry has
been given to the occupier or it is not reasonably practicable to give
45
such notice.
      (6)
In this paragraph—
“access land” has the same meaning as in Chapter 3 of Part 1 of the
CROW Act;

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
313

“appropriate access authority” means the access authority in relation to
the land in respect of which the right of entry is being exercised;
“section 15 route land” means land—
(a)
over which the English coastal route (or any part of it) passes,
and
5
(b)
which, for the purposes of section 1(1) of the CROW Act, is
treated by section 15(1) of that Act as being accessible to the
public apart from that Act.
Interpretation of Schedule
10    (1)
In this paragraph—
10
“coastal margin” has the same meaning as in Part 1 of the CROW Act;
“owner” has the same meaning as in that Part.
      (2)
For the purposes of this Schedule—
(a)
an official alternative route, in relation to the English coastal route, is
to be regarded as part of the English coastal route,
15
(b)
a temporary route which has effect by virtue of section 55I of the 1949
Act is to be treated as part of the English coastal route, and
(c)
where by virtue of section 3A(6)(a) of the CROW Act any land is not
yet accessible under section 2(1) of that Act, the references in this
Schedule to the English coastal route include any route which would
20
form part of the English coastal route if that land were so accessible.
      (3)
In sub-paragraph (2)(a) “official alternative route” has the meaning given by
section 55J of the 1949 Act.
Schedule 21
Section 309

Amendments of the Harbours Act 1964
25
1
The Harbours Act 1964 (c. 40) is amended as follows.
Provision that may be made by harbour empowerment order
2     (1)
Section 16 (power to make harbour empowerment orders) is amended as
follows.
      (2)
In subsection (6) after “any Act (including this Act)” insert “and for repealing
30
any statutory provision of local application affecting the area in relation to
which the powers are intended to be exercised”.

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
314

Delegation of certain functions under the Act
3     (1)
After section 42 (accounts and reports) insert—
“Delegation of certain functions
42A
Power to make orders delegating functions
(1)
The relevant authority may by order provide for such of the
5
delegable functions as are designated in the order to be exercisable
by such person as is designated in the order.
(2)
An authority may make an order under subsection (1) only with the
consent of the person designated in it (“the delegate”).
(3)
The delegate—
10
(a)
must comply with the order, and
(b)
is to be taken to have all the powers necessary to do so.
(4)
For so long as an order under subsection (1) remains in force, the
functions designated in the order—
(a)
are exercisable by the delegate acting on behalf of the
15
authority, and
(b)
are not exercisable by the authority.

This subsection is subject to subsections (5) and (6).
(5)
The delegate must obtain the consent of the relevant authority before
exercising any function under—
20
(a)
section 15;
(b)
section 15A;
(c)
section 18.
(6)
Subsection (4)(b) does not apply to any function under—
(a)
section 15;
25
(b)
section 15A;
(c)
section 18.
(7)
If a function is, by virtue of an order under subsection (1), exercisable
by a person, any reference in this Act to the relevant authority is to
be read, so far as relating to that function or the exercise of it, as a
30
reference to that person.
(8)
An order under subsection (1) may make different provision for
different cases, different areas or different persons.
(9)
The delegable functions are functions under the following sections—
(a)
section 14 (making harbour revision orders, except as
35
mentioned in paragraph (b) below);
(b)
section 15 (making harbour revision orders for limited
purposes for securing harbour efficiency);
(c)
section 15A (making orders varying powers of appointment
in the constitutions of harbour authorities);
40
(d)
section 16 (making harbour empowerment orders);
(e)
section 18 (confirming or making harbour reorganisation
schemes);

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
315

(f)
section 60 (making orders amending Acts of local
application).
(10)
In this section “the relevant authority”, in relation to any delegable
function, means the authority by whom (apart from any order under
subsection (1)) the function is exercisable.
5
42B
Directions as to performance of delegated functions
(1)
This section applies where any functions are exercisable by or in
relation to a person by virtue of an order made under section 42A by
a relevant authority.
(2)
The authority may from time to time give directions to the person
10
with respect to the performance of the functions.
(3)
A person to whom directions are given under this section must
comply with the directions.
(4)
An authority which gives a direction under this section must publish
the direction in a manner likely to bring the direction to the attention
15
of persons likely to be affected by it.”.
      (2)
In section 54 (orders and regulations) after subsection (2) insert—
“(3)
Subsection (4) applies to any statutory instrument containing—
(a)
an order made under section 42A by a relevant authority in
relation to a delegable function, or
20
(b)
an order made by any person, by virtue of an order under
that section, in the exercise of a delegable function under
section 14, 15, 16 or 18.
(4)
A statutory instrument to which this subsection applies—
(a)
if the relevant authority in relation to the delegable function
25
is the Secretary of State, is subject to annulment in pursuance
of a resolution of either House of Parliament;
(b)
if the relevant authority in relation to the delegable function
is the Welsh Ministers, is subject to annulment in pursuance
of a resolution of the National Assembly for Wales.”.
30
Consent of Welsh Ministers or Secretary of State required for making of certain harbour orders
4
After section 42B (inserted by paragraph 3(1)) insert—
“42C
Consent of Welsh Ministers required for certain orders and schemes
(1)
This section applies to any harbour revision order or harbour
empowerment order which makes provision excluding, modifying
35
or repealing—
(a)
any provision of the Marine and Coastal Access Act 2009 in
so far as it applies to Wales;
(b)
any instrument made under that Act by the Welsh Ministers;
(c)
any statutory provision of local application made by the
40
Welsh Ministers.
(2)
This section also applies to any harbour reorganisation scheme
which makes provision repealing or amending any statutory
provision of local application made by the Welsh Ministers.

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
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(3)
The Secretary of State must notify the Welsh Ministers of any
intention to make an order or scheme to which this section applies.
(4)
The order or scheme must not include any provision falling within
subsection (1) or, as the case may be, (2) if, within the prescribed
period beginning with the date of the notification under subsection
5
(3), the Welsh Ministers refuse their consent to the inclusion of that
provision in the order or scheme.
(5)
In this section “prescribed period” means such period as is
prescribed in an order made by the Secretary of State for the
purposes of this section.
10
42D
Consent of Secretary of State required for certain orders and schemes
(1)
This section applies to any harbour revision order or harbour
empowerment order which makes provision excluding, modifying
or repealing—
(a)
any provision of the Marine and Coastal Access Act 2009 in
15
so far as it applies to England;
(b)
any instrument made under that Act by the Secretary of State;
(c)
any statutory provision of local application made by the
Secretary of State.
(2)
This section also applies to any harbour reorganisation scheme
20
which makes provision repealing or amending any statutory
provision of local application made by the Secretary of State.
(3)
The Welsh Ministers must notify the Secretary of State of any
intention to make an order or scheme to which this section applies.
(4)
The order or scheme must not include any provision falling within
25
subsection (1) or, as the case may be, (2) if, within the prescribed
period beginning with the date of the notification under subsection
(3), the Secretary of State refuses consent to the inclusion of that
provision in the order or scheme.
(5)
In this section “prescribed period” means such period as is
30
prescribed in an order made by the Secretary of State for the
purposes of this section.”.
Procedure for dealing with applications for harbour orders
5     (1)
In Schedule 3 (procedure for making harbour revision and empowerment
orders), paragraph 18 (which provides for the holding of an inquiry or
35
public hearing when an objection is made) is amended as follows.
      (2)
For sub-paragraph (1) substitute—
    “(1)
This paragraph applies if an objection to the application was made
to the appropriate authority and has not been withdrawn.
     (1A)
This paragraph does not apply if—
40
(a)
the appropriate authority decides that the application is
not to proceed further,
(b)
the appropriate authority considers that the objection is
frivolous or trivial,