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]
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.
15
(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—
35
(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—
40
(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—
5
“(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
10
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
20
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.”
25
(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
30
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
5
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.
20
(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;
40
(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;
45
(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,
20
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;
35
“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.
20
(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
30
(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.

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Part 9 — Coastal access
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(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.