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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—


 
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