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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

211

 

(7)   

The rate of interest payable in accordance with subsection (6) is a rate

determined by the Secretary of State as comparable with commercial

rates.

(8)   

The defaulter must provide a person taking action by virtue of

subsection (4) with such assistance as the Secretary of State may direct.

5

(9)   

The power to give a direction under this section is without prejudice to

any provision made—

(a)   

in the consent, with regard to the enforcement of any of its

provisions, or

(b)   

in the condition, with regard to the enforcement of the

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condition.

Emergency safety requirements

79F     

Damage to, or changes in, the works: emergency safety notices

(1)   

This section applies in any case where—

(a)   

the Secretary of State has given consent (“the relevant consent”)

15

for an authorised exploration or exploitation operation, and

(b)   

at any time after the giving of that consent, the condition in

subsection (2) is met.

(2)   

The condition is that it appears to the Secretary of State that any danger

to navigation has arisen by reason of—

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(a)   

any substantial damage to any works to which the relevant

consent relates, or

(b)   

any other substantial and unforeseen change in the state or

position of any such works.

(3)   

If it appears to the Secretary of State necessary to do so in the interests

25

of the safety of navigation, the Secretary of State may serve a notice (an

“emergency safety notice”) on the consent holder.

(4)   

By serving an emergency safety notice on the consent holder, the

Secretary of State imposes on the consent holder such requirements as

are prescribed in the notice with respect to any of the matters specified

30

in subsection (5).

(5)   

Those matters are—

(a)   

the provision on, or in the vicinity of, the works in question of

any lights, signals or other aids to navigation, and

(b)   

the stationing of guard ships in the vicinity of those works.

35

(6)   

An emergency safety notice may be served by the Secretary of State

whether or not—

(a)   

the operation in question has been completed, or

(b)   

any condition was imposed by the Secretary of State, on giving

the relevant consent, with respect to any of the matters referred

40

to in subsection (5).

79G     

Emergency safety notices: supplementary provisions

(1)   

If the consent holder fails to comply with an emergency safety notice

within the time allowed, the Secretary of State may—

(a)   

comply with the notice on behalf of the consent holder, or

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Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

212

 

(b)   

make arrangements for another person to do so.

(2)   

For the purposes of subsection (1) “the time allowed” is the period of 24

hours beginning with the time when the emergency safety notice is

served on the consent holder or as soon after the end of that period as

is reasonably practicable.

5

(3)   

A person taking action by virtue of subsection (1) may—

(a)   

do anything which the consent holder could have done, and

(b)   

recover any reasonable costs incurred in taking the action from

such one or more persons falling within subsection (4) as the

Secretary of State considers appropriate.

10

(4)   

The persons are—

(a)   

the consent holder;

(b)   

any other person or persons bound by a consent condition by

virtue of section 79D(3).

(5)   

A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must

15

also pay interest on that sum for the period beginning with the day on

which the person taking action by virtue of subsection (1) notified P of

the sum payable and ending with the date of payment.

(6)   

The rate of interest payable in accordance with subsection (5) is a rate

determined by the Secretary of State as comparable with commercial

20

rates.

(7)   

Once an emergency safety notice has been complied with (whether by

the consent holder or otherwise)—

(a)   

the requirements of the notice are, subject to subsection (8), to

be treated for the purposes of this Part as conditions subject to

25

which the consent was given, but

(b)   

section 79D(2) and (5) are not to apply in the case of those

requirements.

(8)   

If it appears to the Secretary of State (whether on the application of any

person or otherwise) that the circumstances giving rise to the urgent

30

necessity for the imposition of the requirements no longer exist, the

Secretary of State must revoke the requirements by notice served on the

consent holder.

(9)   

Where the Secretary of State has served an emergency safety notice in

respect of any particular circumstances, subsection (7) does not

35

preclude the Secretary of State from serving a further such notice in

respect of those circumstances.

79H     

Failure to comply with condition: immediate action notice

(1)   

This section applies where—

(a)   

a consent under section 79A(1) has been given subject to

40

conditions,

(b)   

a person falling within subsection (2) fails to comply with a

condition, and

(c)   

it appears to the Secretary of State that any danger to navigation

has arisen by reason of the failure to comply with the condition.

45

(2)   

The persons are—

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

213

 

(a)   

the consent holder;

(b)   

any person bound by the condition by virtue of section 79D(3).

(3)   

If it appears to the Secretary of State necessary to do so in the interests

of the safety of navigation, the Secretary of State may serve a notice (an

“immediate action notice”) on the person, imposing on the person one

5

or more specified requirements falling within subsection (4).

(4)   

The requirements are—

(a)   

a requirement to comply with the condition;

(b)   

a requirement to take any specified action or actions to remedy

the failure to comply with the condition.

10

(5)   

Subsections (1) to (6) of section 79G apply in relation to a person and an

immediate action notice as they apply in relation to the consent holder

and an emergency safety notice.

(6)   

In this section “specified” means specified in the immediate action

notice.

15

Enforcement

79I     

Carrying out operation without consent etc

(1)   

It is an offence for a person—

(a)   

to carry out an operation to which subsection (1) of section 79A

applies without the written consent of the Secretary of State

20

under that subsection, or

(b)   

to fail to comply with a condition of such a consent.

(2)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to a fine not exceeding £50,000, or

(b)   

on conviction on indictment, to imprisonment for a term not

25

exceeding 2 years or to a fine, or both.

79J     

Offences relating to consents

(1)   

It is an offence for a person to make a statement which the person

knows to be false, or recklessly to make a statement which is false, in

order to obtain the consent of the Secretary of State under section

30

79A(1).

(2)   

It is an offence for a person to fail to disclose information which the

person knows, or ought to know, to be relevant to an application for the

consent of the Secretary of State under section 79A(1).

(3)   

A person guilty of an offence under this section is liable—

35

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum, or

(b)   

on conviction on indictment, to a fine.

79K     

Failure to comply with direction under section 79E

(1)   

It is an offence for a person to fail to comply with a direction under

40

section 79E, unless the person proves that due diligence was exercised

in order to avoid the failure.

(2)   

A person guilty of an offence under this section is liable—

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

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(a)   

on summary conviction, to a fine not exceeding £50,000, or

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding 2 years or to a fine, or both.

79L     

Failure to comply with notice under section 79F or 79H

(1)   

It is an offence for a person to fail to comply with—

5

(a)   

an emergency safety notice, or

(b)   

an immediate action notice,

   

within the time allowed (within the meaning of section 79G(1)).

(2)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to a fine not exceeding £50,000, or

10

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding 2 years or to a fine, or both.

79M     

Injunctions restraining breaches of section 79A(1)

(1)   

Where the Secretary of State considers it necessary or expedient to

restrain any actual or apprehended breach of section 79A(1), the

15

Secretary of State may apply to the court for an injunction or, in

Scotland, an interdict.

(2)   

An application may be made whether or not the Secretary of State has

exercised, or is proposing to exercise, any of the other powers under

this Part.

20

(3)   

On an application under subsection (1), the court may grant such an

injunction or interdict as the court considers appropriate for the

purpose of restraining the breach.

(4)   

Rules of court may provide for an injunction or interdict to be issued

against a person whose identity is unknown.

25

(5)   

In this section “the court” means—

(a)   

the High Court, or

(b)   

in Scotland, the Court of Session.

79N     

Inspectors

(1)   

The Secretary of State may appoint persons to act as inspectors to assist

30

in carrying out the functions of the Secretary of State under this Part.

(2)   

The Secretary of State may make payments, by way of remuneration or

otherwise, to inspectors appointed under this section.

(3)   

The Secretary of State may make regulations about—

(a)   

the powers and duties of inspectors appointed under this

35

section;

(b)   

the powers and duties of any other person acting on the

directions of the Secretary of State in connection with a function

under this Part;

(c)   

the facilities and assistance to be accorded to persons

40

mentioned in paragraph (a) or (b).

(4)   

The powers conferred by virtue of subsection (3) may include powers

of a kind specified in section 108(4) of the Environment Act 1995

(powers of entry, investigation, etc).

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

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(5)   

Any regulations under this section may provide for the creation of

offences which are punishable—

(a)   

on summary conviction, by a fine not exceeding the statutory

maximum or such lesser amount as is specified in the

regulations, and

5

(b)   

on conviction on indictment, by a fine.

79O     

Criminal proceedings

(1)   

Proceedings for a relevant offence may be taken, and the offence may

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

place in the United Kingdom.

10

(2)   

Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on

prosecutions) does not apply to any proceedings for a relevant offence.

(3)   

In this section “relevant offence” means—

(a)   

an offence under this Part, or

(b)   

an offence created by regulations under section 79N.

15

Supplementary provisions

79P     

Power to extend the application of this Part

(1)   

The Secretary of State may by order provide that specified provisions

of this Part are to apply, subject to any specified modifications, in

relation to the carrying out of specified operations, or operations of a

20

specified description, in the Scottish inshore region.

(2)   

The operations must be operations—

(a)   

which either fall within section 79A(4) or are carried on in the

course of taking installation abandonment measures (or both),

(b)   

which cause, or are likely to result in, obstruction or danger to

25

navigation (whether while the operation is being carried out or

subsequently), and

(c)   

which the Scottish Ministers do not have power to control or

regulate for the purpose of preventing such obstruction or

danger.

30

(3)   

The reference in subsection (1) to “the Scottish inshore region” includes

a reference to—

(a)   

the shore adjoining that region, and

(b)   

any land in Scotland adjoining or adjacent to that shore.

(4)   

If an order under this section makes provision in relation to the

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carrying out of an operation in the course of taking installation

abandonment measures—

(a)   

section 79A(3)(c) does not apply in relation to the operation, but

(b)   

paragraph (a) is subject to any different modification or other

provision to the contrary made by an order under this section.

40

(5)   

For the purposes of this section “installation abandonment measures”

are any measures taken in connection with the abandonment of—

(a)   

an offshore installation or submarine pipeline, within the

meaning of Part 4 of the Petroleum Act 1998, or

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

216

 

(b)   

a carbon storage installation, within the meaning of section 30

of this Act,

   

whether or not the measures are taken in pursuance of an

abandonment programme.

(6)   

In subsection (5) “abandonment programme” means—

5

(a)   

an abandonment programme under Part 4 of the Petroleum Act

1998;

(b)   

an abandonment programme under that Part, as it applies by

virtue of section 30 of this Act.

(7)   

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

10

79Q     

Interpretation of this Part

In this Part—

“authorised exploration or exploitation operation” has the

meaning given by section 79A(8);

“consent holder” means the person to whom a consent under

15

section 79A is given;

“emergency safety notice” is to be read in accordance with section

79F(3);

“immediate action notice” is to be read in accordance with section

79H(3);

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“regulated zone” means the area that consists of—

(a)   

the area of sea within the seaward limits of the territorial

sea, other than the Scottish inshore region, and

(b)   

the area of sea within the limits of the UK sector of the

continental shelf,

25

and includes the bed and subsoil of the sea within those areas,

the shore adjoining, and any land adjoining or adjacent to that

shore, but does not include any land in Scotland;

“Scottish inshore region” has the same meaning as in the Marine

and Coastal Access Act 2009 (see section 317 of that Act);

30

“sea” includes—

(a)   

any tidal waters; and

(b)   

any land covered with water at mean high water spring

tide;

“UK sector of the continental shelf” means the areas for the time

35

being designated by an Order in Council under section 1(7) of

the Continental Shelf Act 1964.”.

(2)   

In section 105(2)(a) of the Energy Act 2008 (c. 32) (instruments requiring draft

affirmative procedure) after sub-paragraph (v) insert—

“(va)   

section 79N (power to make regulations in relation to

40

persons appointed as inspectors etc),

(vb)   

section 79P (power to extend application of Part 4A),”.

 
 

 
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