Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
19

29
Power to bring proceedings
(1)
The MMO may institute criminal proceedings in England, Wales or Northern
Ireland.
(2)
The MMO may institute proceedings for the recovery of any monetary penalty
imposed under this Act.
5
(3)
Subsection (2) is without prejudice to any other powers the MMO may have to
institute proceedings.
(4)
The MMO may designate under this subsection any of its employees who
would not (apart from subsection (6)) be entitled to carry on, in relation to
magistrates’ court proceedings, an activity which constitutes—
10
(a)
the conduct of litigation, or
(b)
the exercise of a right of audience falling within subsection (5).
(5)
The rights of audience are—
(a)
a right of audience in trials of summary offences;
(b)
a right of audience in relation to any application for, or relating to, bail
15
in criminal proceedings relating to a summary offence or an offence
triable either way, unless (as matters stand at the time when the
application is made) the offence is to be tried on indictment;
(c)
a right of audience in relation to interlocutory applications and
sentencing in proceedings relating to a summary offence or an offence
20
triable either way;
(d)
a right of audience in proceedings for the recovery of any sum of
money.
(6)
Subject to any exceptions specified in the designation, a person designated
under subsection (4) is entitled to carry on, in relation to magistrates’ court
25
proceedings, any activity specified in the designation which constitutes—
(a)
the conduct of litigation, or
(b)
the exercise of a right of audience falling within subsection (5).
(7)
For the purposes of subsection (5), a trial—
(a)
begins with the opening of the prosecution case after the entry of a plea
30
of not guilty, and
(b)
ends with the conviction or acquittal of the accused.
(8)
In this section—
“bail in criminal proceedings”—
(a)
in relation to England and Wales, has the same meaning as in
35
section 1 of the Bail Act 1976 (c. 63) (see subsection (1) of that
section);
(b)
in relation to Northern Ireland, means bail within the meaning
of Part 2 of the Criminal Justice (Northern Ireland) Order 2003
(S.I. 2003/1247 (N.I. 13));
40
“conduct of litigation” has the meaning given by paragraph 4 of Schedule
2 to the Legal Services Act 2007 (c. 29);
“magistrates’ court proceedings” means proceedings before a
magistrates’ court in England, Wales or Northern Ireland;
“right of audience” has the meaning given by paragraph 3 of Schedule 2
45
to the Legal Services Act 2007.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
20

30
Continuation of certain existing prosecutions
(1)
Any prosecution commenced by the Secretary of State before the appropriate
commencement date—
(a)
for an offence in relation to any of the functions transferred to the MMO
by or under Chapter 2 of this Part, or
5
(b)
for an offence under the fisheries legislation (see subsections (2) and
(3)),

may be continued on or after that day by the MMO.
(2)
In this section “the fisheries legislation” means—
(a)
any enactments relating to sea fishing, including any enactment
10
relating to fishing for shellfish, salmon or migratory trout (but see
subsection (3));
(b)
any enforceable EU restrictions and enforceable EU obligations relating
to sea fishing.
(3)
“The fisheries legislation” does not include—
15
(a)
the Salmon and Freshwater Fisheries Act 1975 (c. 51);
(b)
the Salmon Act 1986 (c. 62);
(c)
byelaws made by the Environment Agency under Schedule 25 to the
Water Resources Act 1991 (c. 57);
(d)
the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);
20
(e)
byelaws made by an inshore fisheries and conservation authority
under section 155.
(4)
In this section—
“the appropriate commencement date” means—
(a)
in relation to an offence falling within paragraph (a) of
25
subsection (1), the date on which the function to which the
offence relates is transferred to the MMO;
(b)
in relation to an offence falling within paragraph (b) of that
subsection, the date on which section 1 comes into force;
“enforceable EU obligation” means an obligation to which section 2(1) of
30
the European Communities Act 1972 (c. 68) applies;
“enforceable EU restriction” means a restriction to which section 2(1) of
that Act applies.
31
Incidental powers
(1)
The MMO may do anything which appears to it to be incidental or conducive
35
to the carrying out of its functions or the achievement of its general objective.
(2)
In particular, the MMO may—
(a)
enter into agreements;
(b)
acquire or dispose of land or other property;
(c)
subject to the restrictions imposed by sections 33 and 34, borrow
40
money;
(d)
subject to the approval of the Secretary of State, form bodies corporate
or acquire or dispose of interests in bodies corporate;
(e)
accept gifts;
(f)
invest money.
45

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
21

Financial provisions
32
Grants
(1)
The Secretary of State may make payments by way of grant to the MMO.
(2)
Any payments under subsection (1) are to be—
(a)
of such amounts,
5
(b)
at such times, and
(c)
subject to such conditions (if any),

as the Secretary of State may determine.
33
Borrowing powers
(1)
The MMO may borrow money, but only—
10
(a)
in accordance with the following provisions of this section, and
(b)
subject to section 34 (limit on borrowing).
(2)
The MMO may borrow such sums as it may require for meeting its obligations
and carrying out its functions.
(3)
The MMO may borrow any such sums—
15
(a)
from the Secretary of State, by way of loan, or
(b)
from persons other than the Secretary of State, by way of overdraft or
otherwise.
(4)
The MMO may borrow by virtue of subsection (3)(b) only if the Secretary of
State consents.
20
(5)
Any consent under subsection (4) may be given subject to conditions.
34
Limit on borrowing
(1)
The aggregate amount outstanding in respect of the principal of sums
borrowed by the MMO must not at any time exceed £20 million.
(2)
The Secretary of State may by order amend subsection (1) so as to substitute for
25
the sum for the time being there specified such sum as may be specified in the
order.
(3)
The sum specified in an order under subsection (2) must be a sum—
(a)
greater than £20 million, but
(b)
not greater than £80 million.
30
(4)
A statutory instrument containing an order under subsection (2) may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, the House of Commons.
35
Government loans
(1)
The Secretary of State may lend money to the MMO.
35
(2)
A loan under this section may be made subject to such conditions as may be
determined by, or in accordance with arrangements made by, the Secretary of
State.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
22

(3)
The conditions must include provision with respect to—
(a)
repayment of the loan at such times, and by such methods, as the
Secretary of State may from time to time determine, and
(b)
payment of interest on the loan at such rates, and at such times, as the
Secretary of State may from time to time determine.
5
(4)
The Treasury may issue to the Secretary of State out of money provided by
Parliament such sums as are necessary to enable the Secretary of State to make
loans under this section.
(5)
The Secretary of State must, in respect of each financial year,—
(a)
prepare an account of any sums lent or received in pursuance of this
10
section during the year, and
(b)
send that account to the Comptroller and Auditor General before the
end of September in the following financial year.
(6)
The Comptroller and Auditor General must—
(a)
examine, certify and report on each account sent under subsection (5),
15
and
(b)
send a copy of the certified account and of the report to the Secretary of
State as soon as possible;

and the Secretary of State must lay before each House of Parliament a copy of
the certified account and of the report.
20
36
Government guarantees
(1)
The Secretary of State may guarantee—
(a)
the repayment of the principal of any sum borrowed by the MMO from
a person other than the Secretary of State;
(b)
the payment of interest on any such sum;
25
(c)
the discharge of any other financial obligation in connection with any
such sum.
(2)
A guarantee under subsection (1) may be given in such manner, and on such
conditions, as the Secretary of State may think fit.
(3)
If a guarantee is given under subsection (1), the Secretary of State must lay a
30
statement of the guarantee before each House of Parliament.
(4)
Where any sum is paid out for fulfilling a guarantee under this section, the
Secretary of State must, as soon as reasonably practicable after the end of each
financial year in the relevant period, lay before each House of Parliament a
statement relating to that sum.
35
(5)
For the purposes of subsection (4), the relevant period is the period which—
(a)
begins with the financial year in which the sum is paid out, and
(b)
ends with the financial year in which all liability in respect of the
principal of the sum and in respect of interest on it is finally discharged.
(6)
If any sums are paid out in fulfilment of a guarantee under this section, the
40
MMO must make to the Secretary of State—
(a)
payments of such amounts as the Secretary of State may from time to
time direct in or towards repayment of the sums so paid out, and
(b)
payments of interest, at such rate as the Secretary of State may so direct,
on what is outstanding for the time being in respect of sums so paid out.
45

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
23

(7)
Payments under subsection (6) are to be made—
(a)
at such times, and
(b)
in such manner,

as the Secretary of State may from time to time direct.
Directions and guidance
5
37
Directions by the Secretary of State
(1)
The Secretary of State may give the MMO general or specific directions with
respect to the exercise of any of the MMO’s functions.
(2)
The Secretary of State may also give the MMO such general or specific
directions as the Secretary of State considers appropriate for the
10
implementation of any obligations of the United Kingdom under—
(a)
the EU Treaties, or
(b)
any international agreement to which the United Kingdom or the
European Union is for the time being a party.
(3)
Before giving directions under this section, the Secretary of State must consult
15
the MMO.
(4)
Consultation under subsection (3) is not required if the Secretary of State
considers that there is an emergency.
(5)
The MMO must comply with any directions given to it under this section.
(6)
The Secretary of State must publish in the London Gazette notice of any
20
directions given under this section.
(7)
The giving of any directions under this section must be publicised in such
manner as the Secretary of State considers appropriate for the purpose of
bringing the matters to which the directions relate to the attention of persons
likely to be affected by them.
25
(8)
Copies of any directions given under this section are to be made available by
the MMO to members of the public on payment of such reasonable fee as the
MMO may determine.
(9)
Until the coming into force of Part 2 of the Schedule to the European Union
(Amendment) Act 2008 (c. 7) the reference in subsection (2)(a) to the EU
30
Treaties is to be read as a reference to the Community Treaties.
38
Guidance by the Secretary of State
(1)
The Secretary of State may give the MMO guidance with respect to the exercise
of any of the MMO’s functions.
(2)
The MMO must have regard to any guidance given to it under this Act by the
35
Secretary of State.
(3)
Before giving any such guidance, the Secretary of State must consult—
(a)
the MMO, and
(b)
such other bodies or persons as the Secretary of State considers
appropriate.
40