House of Commons Public Bill Committee Proceedings

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Session 2008 - 09
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Other Bills before Parliament

437

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 26 October 2009

Report Stage Proceedings

Marine and Coastal Access Bill [Lords], As Amended

First Day

New Clauses, Amendments to clauses, new schedules and amendments to

schedules relating to Part 6

Power to enter into agreements with eligible bodies

Secretary Hilary Benn

Added  NC2

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

district;

(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

the IFC authority;

(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

agreements;

(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).

Report Stage Proceedings: 26 October 2009
438

Marine and Coastal Access Bill-[ [], continued

(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.’.

Eligible bodies

Secretary Hilary Benn

Added  NC3

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)

unless—

(a)
the body, or every body of the description, to be added to the list is a

public body, and

(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

inshore region.’.

Variation, review and cancellation of agreements under section [Power to enter into

agreements with eligible bodies]

Secretary Hilary Benn

Added  NC4

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

agreement.

(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.

Report Stage Proceedings: 26 October 2009
439

Marine and Coastal Access Bill-[ [], continued

(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]:

particular powers

Secretary Hilary Benn

Added  NC5

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

jointly,

(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

conditions;

(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

function—

(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

perform that function.

(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.’.

Report Stage Proceedings: 26 October 2009
440

Marine and Coastal Access Bill-[ [], continued

Supplementary provisions with respect to agreements under section [Power to enter into

agreements with eligible bodies]

Secretary Hilary Benn

Added  NC6

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

be in writing.

(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

it.

(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

in such an agreement;

(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.’.

Secretary Hilary Benn

Agreed to  6

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.’.

Secretary Hilary Benn

Agreed to  7

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)’.

Report Stage Proceedings: 26 October 2009
441

Marine and Coastal Access Bill-[ [], continued

Secretary Hilary Benn

Agreed to  8

Page  115,  line  9  [Clause  181],  at end insert—

‘“eligible body” has the meaning given by section [Eligible bodies];’.

Mr Roger Williams

Not moved  27

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

Mr Richard Benyon

Withdrawn  35

Page  187,  line  28  [Clause  291],  leave out ‘is’ and insert ‘may be’.

Mr Richard Benyon

Not called  32

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’.

Mr Richard Benyon

Not called  34

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

the right of access.

(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

Report Stage Proceedings: 26 October 2009
442

Marine and Coastal Access Bill-[ [], continued

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.’.

Mr Richard Benyon

Not called  33

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’.

Dr Alan Whitehead

Ms Angela C. Smith

Tom Levitt

Not called  40

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.’.

Mr Richard Benyon

Not called  37

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

Mr Austin Mitchell

Withdrawn  NC8

To move the following Clause:—

Report Stage Proceedings: 26 October 2009
443

Marine and Coastal Access Bill-[ [], continued

‘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

Mr Austin Mitchell

Not selected  NC10

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.’.

Ms Katy Clark

Mr Philip Hollobone

Andrew George

Mr Frank Field

Mr Graham Stuart

Negatived on division  3

Page  78,  line  32  [Clause  117],  at end insert—

‘(d)
the marine ecosystem as a whole.’.

Mr Austin Mitchell

Mr Frank Doran

Not called  16

Page  79,  line  8  [Clause  117],  leave out ‘may’ and insert ‘shall’.

Paddy Tipping

Ms Angela C. Smith

Robert Key

Andrew George

Mr Roger Williams

Not called  1

Page  79,  line  9  [Clause  117],  at end insert ‘only where—

(a)
a choice exists between two or more potential MCZs of equal ecological

value; and

(b)
to do so does not hinder the achievement of the objective in section 123

to create a network.’.

Andrew George

Not called  43

Page  79,  line  10  [Clause  117],  at end insert—