|
|
| |
| |
|
| |
| |
| Marine and Coastal Access Bill [Lords], As Amended
|
|
| |
| New Clauses, Amendments to clauses, new schedules and amendments to |
|
| schedules relating to Part 6 |
|
| | Power to enter into agreements with eligible bodies |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The authority for an IFC district may, with the approval of the Secretary of State, |
|
| | enter into an agreement with an eligible body authorising the eligible body to |
|
| | perform any function of the IFC authority— |
|
| | (a) | either in relation to the district or in relation to specified parts of that |
|
| | |
| | (b) | subject to paragraph (a), either generally or in specified cases. |
|
| | | “Specified” means specified in the agreement. |
|
| | (2) | For the purposes of this section and sections [Eligible bodies], [Variation, review |
|
| | and cancellation of agreements under section [Power to enter into agreements |
|
| | with eligible bodies]], [Agreements under section [Power to enter into |
|
| | agreements with eligible bodies]: particular powers] and [Supplementary |
|
| | provisions with respect to agreements under section [Power to enter into |
|
| | agreements with eligible bodies]]— |
|
| | (a) | any reference to a function of an IFC authority includes a reference to a |
|
| | function exercisable by a person authorised, appointed or employed by |
|
| | |
| | (b) | any reference to an agreement is to an agreement under this section. |
|
| | (3) | The Secretary of State’s approval may be given— |
|
| | (a) | in relation to a particular agreement or in relation to a description of |
|
| | |
| | (b) | unconditionally or subject to conditions specified in the approval. |
|
| | (4) | An agreement under this section may not authorise an eligible body to perform |
|
| | any of the following functions— |
|
| | (a) | any function whose performance by the body would be incompatible |
|
| | with the purposes for which the body was established; |
|
| | (b) | functions under section 171 (accounts). |
|
|
|
| |
| |
|
| | (5) | An agreement under this section does not prevent the IFC authority from |
|
| | performing a function to which the agreement relates. |
|
| | (6) | The maximum period for which an agreement under this section may authorise |
|
| | an eligible body to perform a function is 20 years.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In this Chapter “eligible body”, in relation to an agreement entered into by the |
|
| | authority for an IFC district, means any body in the following list— |
|
| | (a) | the authority for any IFC district that adjoins the district; |
|
| | (b) | the Environment Agency. |
|
| | (2) | The Secretary of State may by order amend subsection (1) so as to— |
|
| | (a) | add any body or description of body to the list, or |
|
| | (b) | remove any body or description of body from it. |
|
| | (3) | The Secretary of State may not exercise the power conferred by subsection (2)(a) |
|
| | |
| | (a) | the body, or every body of the description, to be added to the list is a |
|
| | |
| | (b) | the Secretary of State is satisfied that at least one of the purposes or |
|
| | functions of the body, or bodies of the description, to be added to the list |
|
| | is, or is related to or connected with, an inshore marine function. |
|
| | (4) | In this section “inshore marine function” means any function which relates to, or |
|
| | whose exercise is capable of affecting, the whole or any part of the English |
|
| | |
| |
| | Variation, review and cancellation of agreements under section [Power to enter into |
|
| | agreements with eligible bodies] |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Subject to subsection (3), the Secretary of State— |
|
| | (a) | must review an agreement no later than the end of the period of 5 years |
|
| | beginning with the date on which the agreement was entered into or was |
|
| | last reviewed by the Secretary of State, and |
|
| | (b) | if it appears appropriate to do so in the light of the review, may cancel the |
|
| | |
| | (2) | Subject to subsection (3), an agreement may not be varied except— |
|
| | (a) | by agreement between the IFC authority and the eligible body, and |
|
| | (b) | with the approval of the Secretary of State. |
|
|
|
| |
| |
|
| | (3) | An approval given under section [Power to enter into agreements with eligible |
|
| | bodies](1) may provide that subsection (1) or (2) of this section does not apply |
|
| | (or that both of them do not apply).’. |
|
| |
| | Agreements under section [Power to enter into agreements with eligible bodies]: |
|
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The fact that a function is conferred by or under this Act or an Act passed after |
|
| | the passing of this Act does not prevent it from being the subject of an agreement. |
|
| | (2) | An IFC authority may, under an agreement, authorise an eligible body to perform |
|
| | a function even though, under the enactment or subordinate legislation conferring |
|
| | that function on the IFC authority,— |
|
| | (a) | the function is conferred on the IFC authority by reference to specified |
|
| | circumstances or cases and the same type of function is conferred on the |
|
| | eligible body in different specified circumstances or cases, |
|
| | (b) | the function is exercisable by the IFC authority and the eligible body |
|
| | |
| | (c) | the eligible body is required to be, or may be, consulted about the |
|
| | function (whether generally or in specified circumstances), or |
|
| | (d) | the eligible body is required to consent to the exercise of the function |
|
| | (whether generally or in specified circumstances). |
|
| | (3) | An agreement may provide— |
|
| | (a) | for the performance of a function to be subject to the fulfilment of |
|
| | |
| | (b) | for payments to be made in respect of the performance of the function. |
|
| | (4) | Any eligible body which is authorised under an agreement to perform a |
|
| | |
| | (a) | is to be treated as having power to do so; |
|
| | (b) | may, unless (or except to the extent that) the agreement provides for this |
|
| | paragraph not to apply, authorise a committee, sub-committee, member, |
|
| | officer or employee of the body to perform the function on its behalf. |
|
| | (5) | Subject to subsection (4)(b), an eligible body which is authorised under an |
|
| | agreement to perform a function may not authorise any other body or person to |
|
| | |
| | (6) | Section 177 (exemption from liability) applies in relation to any function which |
|
| | an eligible body is authorised under an agreement to perform as if the reference |
|
| | to an IFC authority were a reference to the eligible body.’. |
|
| |
|
|
| |
| |
|
| | Supplementary provisions with respect to agreements under section [Power to enter into |
|
| | agreements with eligible bodies] |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | An agreement under section [Power to enter into agreements with eligible |
|
| | bodies], and any approval given by the Secretary of State under that section, must |
|
| | |
| | (2) | An IFC authority which has entered into an agreement with an eligible body must |
|
| | arrange for a copy of the agreement to be published in a way that the IFC authority |
|
| | thinks is suitable for bringing it to the attention of persons likely to be affected by |
|
| | |
| | (3) | No power of a Minister of the Crown under any enactment to give directions to a |
|
| | statutory body extends to giving a direction— |
|
| | (a) | requiring it to enter into an agreement under section [Power to enter into |
|
| | agreements with eligible bodies]; |
|
| | (b) | prohibiting it from entering into such an agreement; |
|
| | (c) | requiring it to include, or prohibiting it from including, particular terms |
|
| | |
| | (d) | requiring it to negotiate, or prohibiting it from negotiating, a variation or |
|
| | termination of such an agreement. |
|
| | (4) | Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) |
|
| | (restrictions on disclosure of information) applies in relation to an authorisation |
|
| | by an IFC authority or an eligible body under section [Power to enter into |
|
| | agreements with eligible bodies] or [Agreements under section [Power to enter |
|
| | into agreements with eligible bodies]: particular powers] of this Act as it applies |
|
| | in relation to an authorisation under section 69 of that Act by an office-holder.’. |
|
| |
| |
| | |
| Page 108, line 29 [Clause 160], at end insert— |
|
| | ‘( ) | Regulations under this section may make different provision for cases where an |
|
| | IFC authority has entered into an agreement under section [Power to enter into |
|
| | agreements with eligible bodies] authorising a body to perform any of the |
|
| | authority’s functions relating to byelaws.’. |
|
| |
| |
| | |
| Page 110, line 22 [Clause 166], leave out ‘by the authority for the district’ and |
|
| insert ‘under section 155 for the district (or having effect as if so made)’. |
|
| |
|
|
| |
| |
|
| |
| | |
| Page 115, line 9 [Clause 181], at end insert— |
|
| | ‘“eligible body” has the meaning given by section [Eligible bodies];’. |
|
| |
| |
| | |
| Page 117, line 27 [Clause 184], at end insert— |
|
| | ‘(2A) | The provisions in sections [Power to enter into agreements with eligible bodies], |
|
| | [Eligible bodies], [Variation, review and cancellation of agreements under |
|
| | section [Power to enter into agreements with eligible bodies]], [Agreements |
|
| | under section [Power to enter into agreements with eligible bodies]: particular |
|
| | powers] and [Supplementary provisions with respect to agreements under section |
|
| | [Power to enter into agreements with eligible bodies]] shall apply to Welsh |
|
| | Ministers in relation to Wales.’. |
|
| |
| New Clauses, Amendments to clauses, new schedules and amendments to |
|
| schedules relating to Part 9 |
|
| |
| | |
| Page 187, line 28 [Clause 291], leave out ‘is’ and insert ‘may be’. |
|
| |
| |
| | |
| Page 189, line 5 [Clause 292], leave out subsections (a) and (b) and insert— |
|
| | ‘(a) | holds a legal estate or has a legal interest in the land, or’. |
|
| |
| |
| | |
| Page 195, line 13 [Clause 297], at end insert— |
|
| | ‘(1) | The Secretary of State must, by regulation, set out the way in which a person with |
|
| | a relevant interest in land may require Natural England to review a coastal access |
|
| | report. Reasons for review may include— |
|
| | (a) | proposed or actual changes in the use of land; |
|
| | (b) | review of existing directions or proposed new directions made under |
|
| | Chapter 2 or Part 1 of the CROW Act for the exclusion or restriction of |
|
| | |
| | (2) | The regulations referred to in subsection (1) must set out the way in which a |
|
| | person with a relevant interest in land may make an objection under the procedure |
|
|
|
| |
| |
|
| | set out in Schedule 19 including objections against the refusal of Natural England |
|
| | to undertake a review, or to carry out the review within specified timescales, or |
|
| | to amend a coastal access report.’. |
|
| |
| |
| | |
| Page 197, line 49 [Clause 297], leave out subsections (a) and (b) and insert— |
|
| | ‘(a) | holds a legal estate or has a legal interest in the land, or’. |
|
| |
| |
| |
| |
| | |
| Page 200, line 32 [Clause 297], at end insert— |
|
| | ‘(10) | The Secretary of State shall within 2 years from the commencement of this |
|
| | section lay before Parliament a report which shall appraise the progress made in |
|
| | establishing long distance coastal routes in England with particular regard to— |
|
| | (a) | the voluntary inclusion of parkland; |
|
| | (b) | the inclusion of the Isle of Wight; |
|
| | (c) | the addition of further islands reachable by ferry; |
|
| | (d) | the use of seasonal ferries as part of the coastal path. |
|
| | (11) | In the report required in (10) The Secretary of State shall append proposals to |
|
| | remedy shortcomings in the establishment of coastal routes that are apparent to |
|
| | him as a result of its presentation.’. |
|
| |
| |
| | |
| Page 202, line 26, leave out Clause 300. |
|
| |
| New clauses, Amendments to clauses, new schedules and amendments to |
|
| schedules relating to part 5 |
|
| | MCZs: duty to manage and mitigate impacts upon existing activities |
|
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘The Secretary of State, the Scottish Ministers and the Welsh Ministers must take |
|
| | all reasonable steps to manage and mitigate the impact on fishing and other |
|
| | existing activities resulting from the designation and management of an MCZ.’. |
|
| |
| | Provisions on offences to apply equally |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘The provisions of sections 139 to 141 (Offences) shall not apply to UK registered |
|
| | fishing vessels until they apply equally to all other fishing vessels.’. |
|
| |
| |
| |
| |
| |
| |
| | |
| Page 78, line 32 [Clause 117], at end insert— |
|
| | ‘(d) | the marine ecosystem as a whole.’. |
|
| |
| |
| |
| | |
| Page 79, line 8 [Clause 117], leave out ‘may’ and insert ‘shall’. |
|
| |
| |
| |
| |
| |
| | |
| Page 79, line 9 [Clause 117], at end insert ‘only where— |
|
| | (a) | a choice exists between two or more potential MCZs of equal ecological |
|
| | |
| | (b) | to do so does not hinder the achievement of the objective in section 123 |
|
| | |
| |
| | |
| Page 79, line 10 [Clause 117], at end insert— |
|
|