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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary

183

 

(5)   

A person who assaults an enforcement officer in the performance of any of the

officer’s functions under this Act is guilty of an offence.

(6)   

A person who, with intent to deceive, falsely pretends to be an enforcement

officer is guilty of an offence.

(7)   

A person who is guilty of an offence under subsection (1), (3) or (6) is liable—

5

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

(b)   

on conviction on indictment, to a fine.

(8)   

A person who is guilty of an offence under subsection (4) is liable on summary

conviction to a fine not exceeding £20,000.

10

(9)   

A person who is guilty of an offence under subsection (5) is liable on summary

conviction to a fine not exceeding £50,000.

(10)   

Proceedings for an offence under this section may be taken, and the offence

may for all incidental purposes be treated as having been committed, in any

part of the United Kingdom.

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(11)   

In this section any reference to an enforcement officer includes a reference to a

person assisting an enforcement officer by virtue of section 255.

Chapter 6

Miscellaneous and supplementary

Enforcement of Community rules

20

288     

Enforcement of Community rules

(1)   

Section 30 of the Fisheries Act 1981 (c. 29) (enforcement of Community rules)

is amended as follows.

(2)   

In subsection (1)—

(a)   

after “enforceable Community restrictions” insert “, and enforceable

25

Community obligations,”;

(b)   

for paragraph (a) substitute—

“(a)   

if any fishing boat within British fishery limits—

(i)   

fishes in contravention of any such restriction, or

(ii)   

fails to comply with any such obligation,

30

   

the master, the owner and the charterer (if any) are each

guilty of an offence;”;

(c)   

after paragraph (a) insert—

“(aa)   

if any English or Welsh fishing boat outside British

fishery limits—

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(i)   

fishes in contravention of any such restriction, or

(ii)   

fails to comply with any such obligation,

   

the master, the owner and the charterer (if any) are each

guilty of an offence;

(ab)   

if any person in England or Wales—

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(i)   

fishes in contravention of any such restriction, or

(ii)   

fails to comply with any such obligation,

 
 

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary

184

 

   

that person is guilty of an offence;”;

(d)   

in paragraph (b), for “such offences” substitute “offences under

paragraph (a), (aa) or (ab) of this subsection”;

(e)   

in paragraph (c), after “restrictions” insert “and obligations”.

(3)   

After subsection (2) insert—

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“(2ZA)   

The provision that may be made by an order made under subsection (2)

by the Secretary of State includes—

(a)   

provision applying to English or Welsh fishing boats outside

British fishery limits;

(b)   

provision applying to persons of a specified description on

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board any fishing boat, other than a Scottish or Northern

Ireland fishing boat, outside British fishery limits.

   

In this subsection “specified” means specified in the order.”

(4)   

After subsection (2A) insert—

“(2B)   

Her Majesty may by Order in Council provide for subsection (1) or (2)

15

above to apply, with or without modifications, to any fishing boat

within subsection (2C) below that is outside British fishery limits as it

applies to any English or Welsh fishing boat outside those limits.

(2C)   

A fishing boat is within this subsection if—

(a)   

it is registered under the law of the Isle of Man or any of the

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Channel Islands; or

(b)   

it is wholly owned by persons qualified for the purposes of the

law relating to the registration of vessels in the Isle of Man or

any of the Channel Islands to own fishing vessels which are

entitled to be registered as such under that law.”

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(5)   

In subsection (3), insert at the appropriate places the following definitions—

““English fishing boat” means—

(a)   

a fishing boat which is registered in the United

Kingdom under Part 2 of the Merchant Shipping Act

1995 and whose entry in the register specifies a port in

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England as the port to which the boat is to be treated as

belonging; or

(b)   

a fishing boat which is wholly owned by persons

qualified to own British ships for the purposes of that

Part, other than—

35

(i)   

a Welsh, Scottish or Northern Ireland fishing

boat,

(ii)   

a fishing boat within subsection (2C) above, or

(iii)   

a fishing boat registered in any country or

territory other than the United Kingdom, the Isle

40

of Man or any of the Channel Islands;”;

““Northern Ireland fishing boat” means a fishing boat which is

registered in the United Kingdom under Part 2 of the Merchant

Shipping Act 1995 and whose entry in the register specifies a

port in Northern Ireland as the port to which the boat is to be

45

treated as belonging;”;

““Scottish fishing boat” means a fishing boat which is registered in

the United Kingdom under Part 2 of that Act and whose entry

 
 

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary

185

 

in the register specifies a port in Scotland as the port to which

the boat is to be treated as belonging;”;

““Welsh fishing boat” means a fishing boat which is registered in

the United Kingdom under Part 2 of that Act and whose entry

in the register specifies a port in Wales as the port to which the

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boat is to be treated as belonging.”

Administrative penalty schemes

289     

Administrative penalty schemes

(1)   

The appropriate national authority for any area may by order make provision

to confer on any enforcement authority for that area the power to issue penalty

10

notices for offences within subsection (2).

(2)   

The offences referred to in subsection (1) are offences relating to sea fishing,

other than—

(a)   

an offence under section 30 of the Fisheries Act 1981 (c. 29) or any order

made under that section;

15

(b)   

an offence under regulations made under section 2(2) of the European

Communities Act 1972 (c. 68).

(3)   

A penalty notice is a notice offering the opportunity, by payment of a specified

sum of money, to discharge any liability to be convicted of the offence to which

the notice relates.

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(4)   

The provision that may be made by an order under subsection (1) includes—

(a)   

provision prescribing the offences in relation to which penalty notices

may be issued;

(b)   

provision as to circumstances in which penalty notices may be issued;

(c)   

provision as to the content and form of penalty notices;

25

(d)   

provision as to how the amount of any penalty that may be specified in

a penalty notice is to be determined;

(e)   

provision for the issuing of guidance by the appropriate national

authority as to matters to be taken into account when making such a

determination;

30

(f)   

provision prescribing the minimum or maximum amount of any

penalty;

(g)   

provision about the payment of penalties, including provision as to the

period within which any penalty must be paid;

(h)   

provision for and in connection with the withdrawal of penalty notices;

35

(i)   

provision as to circumstances in which proceedings for an offence may

be commenced after the payment of a penalty in relation to that offence.

(5)   

An order under subsection (1) may apply in relation to—

(a)   

England;

(b)   

Wales;

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(c)   

any vessels in waters within British fishery limits, other than—

(i)   

the Scottish zone,

(ii)   

the Northern Ireland zone, and

(iii)   

the territorial sea adjacent to the Isle of Man, Jersey and

Guernsey;

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(d)   

any English or Welsh fishing boats, wherever they may be.

 
 

Marine and Coastal Access Bill [HL]
Part 8 — Enforcement
Chapter 6 — Miscellaneous and supplementary

186

 

(6)   

Her Majesty may by Order in Council provide for this section to apply, with or

without modifications, to any fishing boat within subsection (7) that is outside

British fishery limits as it applies to any English or Welsh fishing boat outside

those limits.

(7)   

A fishing boat is within this subsection if—

5

(a)   

it is registered under the law of the Isle of Man or any of the Channel

Islands, or

(b)   

it is wholly owned by persons qualified for the purposes of the law

relating to the registration of vessels in the Isle of Man or any of the

Channel Islands to own fishing vessels which are entitled to be

10

registered as such under that law.

(8)   

In this section—

“appropriate national authority” means—

(a)   

in relation to Wales or vessels within the Welsh zone, the Welsh

Ministers;

15

(b)   

in relation to England or vessels outside the Welsh zone, the

Secretary of State;

“enforcement authority” means, in relation to any area, any authority

which has a function (whether or not statutory) of taking any action

with a view to or in connection with the imposition of any sanction,

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criminal or otherwise, in a case where an offence within subsection (2)

is committed in that area;

“England” includes the English inshore region;

“English fishing boat” means—

(a)   

a fishing boat which is registered in the United Kingdom under

25

Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose

entry in the register specifies a port in England as the port to

which the boat is to be treated as belonging, or

(b)   

a fishing boat which is wholly owned by persons qualified to

own British ships for the purposes of that Part, other than—

30

(i)   

a Welsh, Scottish or Northern Ireland fishing boat,

(ii)   

a fishing boat within subsection (7) above, or

(iii)   

a fishing boat registered in any country or territory other

than the United Kingdom, the Isle of Man or any of the

Channel Islands;

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“fishing boat” means any vessel that is being used for fishing or for any

activity relating to fishing;

“Northern Ireland fishing boat” means a fishing boat which is registered

in the United Kingdom under Part 2 of the Merchant Shipping Act 1995

and whose entry in the register specifies a port in Northern Ireland as

40

the port to which the boat is to be treated as belonging;

“Scottish fishing boat” means a fishing boat which is registered in the

United Kingdom under Part 2 of the Merchant Shipping Act 1995 and

whose entry in the register specifies a port in Scotland as the port to

which the boat is to be treated as belonging;

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“sea fishing” includes fishing for or taking shellfish;

“shellfish” includes crustaceans and molluscs of any kind;

“vessel” includes any ship or boat or any description of vessel used in

navigation;

“Wales” includes the Welsh inshore region;

50

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

187

 

“Welsh fishing boat” means a fishing boat which is registered in the

United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21)

and whose entry in the register specifies a port in Wales as the port to

which the boat is to be treated as belonging.

Crown application

5

290     

Application to the Crown

(1)   

The provisions of Chapters 1 to 5 of this Part are binding on the Crown.

   

This is subject to subsection (2).

(2)   

No contravention by the Crown of any provision of Chapter 5 is to make the

Crown criminally liable; but the High Court or, in Scotland, the Court of

10

Session may declare unlawful any act or omission of the Crown which

constitutes such a contravention.

(3)   

Despite subsection (2), the provisions of Chapters 1 to 5 of this Part apply to

persons in the public service of the Crown as they apply to other persons.

Part 9

15

Coastal access

The coastal access duty

291     

The coastal access duty

(1)   

Natural England and the Secretary of State must exercise the relevant functions

in order to secure the following objectives.

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(2)   

The first objective is that there is a route for the whole of the English coast

which—

(a)   

consists of one or more long-distance routes along which the public are

enabled to make recreational journeys on foot or by ferry, and

(b)   

(except to the extent that it is completed by ferry) passes over land

25

which is accessible to the public.

(3)   

The second objective is that, in association with that route (“the English coastal

route”), a margin of land along the length of the English coast is accessible to

the public for the purposes of its enjoyment by them in conjunction with that

route or otherwise, except to the extent that the margin of land is relevant

30

excepted land.

(4)   

The duty imposed on Natural England and the Secretary of State by subsection

(1)—

(a)   

is referred to in this Part as the coastal access duty, and

(b)   

is to be discharged by them in such stages and within such period as

35

appear to them to be appropriate.

(5)   

For the purposes of this section, land is accessible to the public if it is—

(a)   

land which is available to the public for the purposes of open-air

recreation, by virtue of provision made under section 3A of the CROW

Act and subject to any exclusions or restrictions imposed by or under

40

Part 1 of that Act (access to the countryside),

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

188

 

(b)   

land in England which, for the purposes of section 1(1) of that Act, is

treated by section 15(1) of that Act as being accessible to the public

apart from that Act, or

(c)   

excepted land in England which is accessible to the public by virtue of

any enactment or rule of law (other than a military lands byelaw).

5

(6)   

Nothing in this section requires Natural England or the Secretary of State, in

discharging the coastal access duty so far as it relates to the objective in

subsection (3), to exercise functions so as to secure that any land becomes land

within subsection (5)(b) or (c).

(7)   

For the purposes of the coastal access duty, a person is to be regarded as

10

enabled to make a journey by ferry even if that journey can be made at certain

times, or during certain periods, only.

(8)   

In this section—

“the 1949 Act” means the National Parks and Access to the Countryside

Act 1949 (c. 97);

15

“the CROW Act” means the Countryside and Rights of Way Act 2000

(c. 37);

“excepted land” has the same meaning as in Part 1 of the CROW Act;

“military lands byelaw” means a byelaw under section 14 of the Military

Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56);

20

“relevant excepted land” means excepted land other than land within

subsection (5)(c);

“the relevant functions” means—

(a)   

in relation to Natural England—

(i)   

its functions under this Part, Part 4 of the 1949 Act (long-

25

distance routes) and Part 1 of the CROW Act (access to

the countryside), and

(ii)   

such of its other functions as it considers it appropriate

to exercise for the purpose of securing the objectives in

subsections (2) and (3), and

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(b)   

in relation to the Secretary of State—

(i)   

the Secretary of State’s functions under this Part, Part 4

of the 1949 Act and Part 1 of the CROW Act, and

(ii)   

such of the Secretary of State’s other functions as the

Secretary of State considers it appropriate to exercise for

35

the purpose of securing the objectives in subsections (2)

and (3).

292     

General provision about the coastal access duty

(1)   

In discharging the coastal access duty, Natural England and the Secretary of

State must comply with the requirements of this section.

40

(2)   

They must have regard to—

(a)   

the safety and convenience of those using the English coastal route,

(b)   

the desirability of that route adhering to the periphery of the coast and

providing views of the sea, and

(c)   

the desirability of ensuring that so far as reasonably practicable

45

interruptions to that route are kept to a minimum.

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

189

 

(3)   

They must aim to strike a fair balance between the interests of the public in

having rights of access over land and the interests of any person with a relevant

interest in the land.

(4)   

For this purpose a person has a relevant interest in land if the person—

(a)   

holds an estate in fee simple absolute in possession in the land,

5

(b)   

holds a term of years absolute in the land, or

(c)   

is in lawful occupation of the land.

293     

The coastal access scheme

(1)   

Natural England must—

(a)   

prepare a scheme setting out the approach it will take when

10

discharging the coastal access duty, and

(b)   

submit the scheme to the Secretary of State.

(2)   

The Secretary of State may—

(a)   

approve the scheme, with or without modifications, or

(b)   

reject the scheme and give Natural England a notice requiring it to

15

prepare and submit a new scheme under subsection (1).

(3)   

The scheme must be submitted to the Secretary of State within the period of 12

months beginning with the day on which this section comes into force or, in a

case within subsection (2)(b), within the period specified in the notice.

(4)   

Natural England may, with the approval of the Secretary of State, revise a

20

scheme approved under this section.

(5)   

A scheme approved under this section (and any revised scheme) must set out

the approach Natural England will take when deciding, for the purposes of

section 55A(4) of the 1949 Act, whether it would be appropriate for an access

authority to carry out any preliminary activity (within the meaning of section

25

55A(3) of that Act).

(6)   

The Secretary of State must lay before Parliament a copy of the scheme

approved under this section and, where that scheme is revised, a copy of the

revised scheme.

(7)   

Before preparing or revising a scheme under this section, Natural England

30

must consult such persons as it considers appropriate.

(8)   

Natural England must, as soon as reasonably practicable, publish in such

manner as it considers appropriate—

(a)   

the scheme approved by the Secretary of State, and

(b)   

where that scheme is revised, the revised scheme.

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(9)   

In discharging the coastal access duty, Natural England must act in accordance

with the scheme approved under this section (or, where that scheme has been

revised, the revised scheme).

(10)   

Until such time as there is an approved scheme under this section, Natural

England may not prepare or submit a report under section 51 or 55 of the 1949

40

Act (report containing proposals for long-distance routes) pursuant to the

coastal access duty.

(11)   

Nothing in subsection (10) prevents Natural England from surveying any land

in connection with the preparation of such a report.

 
 

 
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