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 11 — Supplementary provisions
217

Harbours Act 1964
310
Amendments of the Harbours Act 1964
Schedule 21 (which contains amendments of the Harbours Act 1964 (c. 40)) has
effect.
Part 11
5
Supplementary provisions
311
Regulations and orders
(1)
Any power conferred by this Act on the Secretary of State, the Scottish
Ministers, the Welsh Ministers or a Northern Ireland department to make
regulations or an order includes—
10
(a)
power to make different provision for different cases, and
(b)
power to make incidental, consequential, supplemental or transitional
provision or savings.
(2)
The power conferred by subsection (1)(b) includes power, for the purpose of
making any such provision or savings, to amend any primary or secondary
15
legislation passed or made before, or in the same Session as, this Act.
(3)
Any power conferred by this Act on the Secretary of State, the Scottish
Ministers or the Welsh Ministers to make regulations or an order is exercisable
by statutory instrument.
(4)
Subsections (2) and (3) do not apply to—
20
(a)
an order made under any of sections 116 to 137 (orders made for the
purpose of designating, or furthering the objectives of, MCZs);
(b)
an order made under section 159 (orders amending or revoking
byelaws made by IFC authorities).
(5)
Any regulations or order made under this Act by a Northern Ireland
25
department are to be a statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1513 (N.I. 12)).
(6)
A statutory instrument or statutory rule which contains (whether alone or with
other provisions)—
(a)
any regulation or order which by virtue of subsection (2) or section
30
183(2)(d) makes provision amending primary legislation, or
(b)
any regulation or order under any of the provisions specified in
subsection (7),

is subject to draft affirmative procedure.
(7)
The provisions are—
35
(a)
section 43(5)(a);
(b)
section 66(3);
(c)
section 73;
(d)
section 93 or 95;
(e)
section 98(1) by virtue of section 98(2);
40
(f)
section 108;
(g)
section 142;

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(h)
section 227;
(i)
paragraph 6 of Schedule 1.
(8)
A statutory instrument or statutory rule made under this Act which is not
subject to—
(a)
draft affirmative procedure, or
5
(b)
Commons draft affirmative procedure,

is subject to negative resolution procedure.
(9)
Subsection (8) does not apply to a statutory instrument containing only orders
under section 319 (commencement orders).
(10)
In this Act—
10
“draft affirmative procedure” means—
(a)
in relation to any Order in Council, or any statutory instrument
made by the Secretary of State, a requirement that a draft of the
instrument be laid before, and approved by a resolution of, each
House of Parliament;
15
(b)
in relation to any statutory instrument made by the Scottish
Ministers, a requirement that a draft of the instrument be laid
before, and approved by a resolution of, the Scottish
Parliament;
(c)
in relation to any statutory instrument made by the Welsh
20
Ministers, a requirement that a draft of the instrument be laid
before, and approved by a resolution of, the National Assembly
for Wales;
(d)
in relation to any statutory rule made by a Northern Ireland
department, a requirement that a draft of the rule be laid before,
25
and approved by a resolution of, the Northern Ireland
Assembly;
“negative resolution procedure” means—
(a)
in relation to any Order in Council, or any statutory instrument
made by the Secretary of State, annulment in pursuance of a
30
resolution of either House of Parliament;
(b)
in relation to any statutory instrument made by the Scottish
Ministers, annulment in pursuance of a resolution of the
Scottish Parliament;
(c)
in relation to any statutory instrument made by the Welsh
35
Ministers, annulment in pursuance of a resolution of the
National Assembly for Wales;
(d)
in relation to any statutory rule made by a Northern Ireland
department, negative resolution within the meaning of section
41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33
40
N.I.).
(11)
In this section—
“Commons draft affirmative procedure” means, in relation to any
statutory instrument, a requirement that a draft of the instrument be
laid before, and approved by a resolution of, the House of Commons;
45
“primary legislation” means—
(a)
an Act of Parliament;
(b)
an Act of the Scottish Parliament;
(c)
a Measure of the National Assembly for Wales;

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(d)
Northern Ireland legislation;
“secondary legislation” means subordinate legislation or any other
instrument made under primary legislation.
312
Directions
(1)
Any directions given under this Act must be in writing.
5
(2)
Any power conferred by this Act to give a direction includes power,
exercisable in the same manner and subject to the same conditions or
limitations, to vary or revoke the direction.
313
Offences by directors, partners, etc
(1)
Where an offence under this Act has been committed by a body corporate and
10
it is proved that the offence—
(a)
has been committed with the consent or connivance of a person falling
within subsection (2), or
(b)
is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of that offence and liable to
15
be proceeded against and punished accordingly.
(2)
The persons are—
(a)
a director, manager, secretary or similar officer of the body corporate;
(b)
any person who was purporting to act in such a capacity.
(3)
Where the affairs of a body corporate are managed by its members, subsection
20
(1) applies in relation to the acts and defaults of a member, in connection with
that management, as if the member were a director of the body corporate.
(4)
Where an offence under this Act has been committed by a Scottish firm and it
is proved that the offence—
(a)
has been committed with the consent or connivance of a partner of the
25
firm or a person purporting to act as such a partner, or
(b)
is attributable to any neglect on the part of such a person,

that person (as well as the firm) is guilty of that offence and liable to be
proceeded against and punished accordingly.
314
Disapplication of requirement for consent to certain prosecutions
30
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to
prosecutions of offences committed on the open sea by persons who are not
British citizens) does not apply to any proceedings for an offence under this
Act.
315
Power to make transitional provisions and savings
35
(1)
The Secretary of State may by order make such transitional provision or
savings as the Secretary of State considers necessary or expedient in
consequence of any provisions of this Act.
(2)
The power conferred by subsection (1) includes power to make provision in
addition to, or different from, that made by this Act.
40

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316
Repeals

Schedule 22 contains repeals.
317
Interpretation
(1)
In this Act—
“baseline” means the baseline from which the breadth of the territorial sea
5
is measured;
“British fishery limits” has the meaning given by section 1 of the Fishery
Limits Act 1976 (c. 86);
“draft affirmative procedure” has the meaning given in section 311;
“English inshore region” means the area of sea within the seaward limits
10
of the territorial sea adjacent to England;
“English offshore region” means so much of the UK marine area as is
beyond the seaward limits of the territorial sea but is not within any of
the following—
(a)
the Scottish offshore region;
15
(b)
the Welsh offshore region;
(c)
the Northern Ireland offshore region;
“exclusive economic zone” means any area for the time being designated
by an Order in Council under section 41(3);
“financial year” means any period of twelve months ending with 31st
20
March (except where the context otherwise requires);
“general objective”, in relation to the MMO, is to be read in accordance
with section 2(1);
“marine policy statement” is to be construed in accordance with sections
44 and 47;
25
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
“the MMO” means the Marine Management Organisation;
“MPS” means a marine policy statement;
“nautical mile” means an international nautical mile of 1,852 metres;
30
“negative resolution procedure” has the meaning given in section 311;
“Northern Ireland inshore region” means the area of sea within the
seaward limits of the territorial sea adjacent to Northern Ireland;
“Northern Ireland offshore region” means so much of the Northern
Ireland zone as lies beyond the seaward limits of the territorial sea;
35
“Northern Ireland zone” has the same meaning as in the Northern Ireland
Act 1998 (c. 47) (see section 98(1) and (8) of that Act);
“notice” means notice in writing;
“public authority” means any of the following—
(a)
a Minister of the Crown;
40
(b)
a public body;
(c)
a public office holder;
“public body” includes—
(a)
a government department;
(b)
a Northern Ireland department;
45
(c)
a local authority (see subsection (2));
(d)
a local planning authority;

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(e)
a statutory undertaker (see subsection (2));
“public office holder” means a person holding any of the following
offices—
(a)
an office under the Crown;
(b)
an office created or continued in existence by a public general
5
Act or by devolved legislation (see subsection (3));
(c)
an office the remuneration in respect of which is paid out of
money provided by Parliament or a devolved legislature (see
subsection (3));
“renewable energy zone” means any area for the time being designated by
10
an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);
“Scottish inshore region” means the area of sea within the seaward limits
of the territorial sea adjacent to Scotland;
“Scottish offshore region” means so much of the UK marine area as lies
outside the Scottish inshore region and consists of—
15
(a)
areas of sea which lie within the Scottish zone, and
(b)
areas of sea which lie outside the Scottish zone but which are
nearer to any point on the baselines from which the breadth of
the territorial sea adjacent to Scotland is measured than to any
point on the baselines in any other part of the United Kingdom;
20
“Scottish zone” has the same meaning as in the Scotland Act 1998 (c. 46)
(see section 126(1) and (2) of that Act);
“sea”, except in Part 9 (coastal access), is to be read in accordance with
section 42(3) and (4);
“subordinate legislation” has the same meaning as in the Interpretation
25
Act 1978 (c. 30) (see section 21 of that Act);
“territorial sea” means the territorial sea of the United Kingdom;
“UK marine area” has the meaning given by section 42;
“UK sector of the continental shelf” means the areas for the time being
designated by an Order in Council under section 1(7) of the Continental
30
Shelf Act 1964 (c. 29);
“Welsh inshore region” means the area of sea within the seaward limits of
the territorial sea adjacent to Wales;
“Welsh offshore region” means so much of the Welsh zone as lies beyond
the seaward limits of the territorial sea;
35
“Welsh zone” has the same meaning as in the Government of Wales Act
2006 (c. 32) (see section 158(1) and (3) of that Act).
(2)
In the definition of “public body” in subsection (1)—
“local authority” means—
(a)
in relation to England, a county council, a district council, a
40
parish council, a London borough council, the Common
Council of the City of London or the Council of the Isles of
Scilly;
(b)
in relation to Scotland, a council for any local government area
constituted under section 2(1) of the Local Government etc.
45
(Scotland) Act 1994 (c. 39);
(c)
in relation to Wales, a county council, a county borough council
or a community council;
(d)
in relation to Northern Ireland, a district council;

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“statutory undertaker” means a person who is, or is deemed to be, a
statutory undertaker for the purposes of any provision of any of the
following—
(a)
Part 11 of the Town and Country Planning Act 1990 (c. 8);
(b)
Part 10 of the Town and Country Planning (Scotland) Act 1997
5
(c. 8);
(c)
the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220
(N.I. 11)).
(3)
For the purposes of the definition of “public office holder” in subsection (1)—
“devolved legislation” means legislation passed by a devolved
10
legislature;
“devolved legislature” means—
(a)
the Scottish Parliament;
(b)
the National Assembly for Wales;
(c)
the Northern Ireland Assembly.
15
(4)
Subsection (5) applies to the question of which waters, or parts of the sea, of
any particular description—
(a)
are adjacent to Northern Ireland (and, in consequence, are not adjacent
to England, Wales or Scotland), or
(b)
are not adjacent to Northern Ireland (and, in consequence, are not
20
precluded from being adjacent to England, Wales or Scotland).
(5)
The question is to be determined by reference to an Order in Council under
section 98(8) of the Northern Ireland Act 1998 (c. 47) if, or to the extent that, the
Order in Council is expressed to apply—
(a)
by virtue of this subsection, for the purposes of this Act, or
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(b)
if no provision has been made by virtue of paragraph (a), for the
general or residual purposes of that Act.
(6)
Subsection (7) applies to the question of which waters, or parts of the sea, of
any particular description—
(a)
are adjacent to Wales (and, in consequence, are not adjacent to
30
England), or
(b)
are not adjacent to Wales (and, in consequence, (but subject to
subsections (4) and (5)) are adjacent to England).
(7)
The question is to be determined by reference to an order or Order in Council
made under or by virtue of section 158(3) or (4) of the Government of Wales
35
Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order
or Order in Council is expressed to apply—
(a)
by virtue of this subsection, for the purposes of this Act, or
(b)
if no provision has been made by virtue of paragraph (a), for the
general or residual purposes of that Act.
40
(8)
Subsection (9) applies to the question of which waters, or parts of the sea, of
any particular description—
(a)
are adjacent to Scotland (and, in consequence, are not adjacent to
England), or
(b)
are not adjacent to Scotland (and, in consequence, (but subject to
45
subsections (4) and (5)) are adjacent to England).

Marine and Coastal Access Bill [HL]
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(9)
The question is to be determined by reference to an Order in Council made
under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the
Order in Council is expressed to apply—
(a)
by virtue of this subsection, for the purposes of this Act, or
(b)
if no provision has been made by virtue of paragraph (a), for the
5
general or residual purposes of that Act.
318
Extent
(1)
Subject to the following provisions of this section, this Act extends to England
and Wales only.
(2)
The amendment or repeal of any enactment (including an enactment
10
comprised in subordinate legislation) by, or in consequence of, the following
provisions of this Act has the same extent as the enactment amended or
repealed—
(a)
Part 1 (the MMO);
(b)
Part 2 (exclusive economic zone, UK marine area and Welsh zone),
15
other than paragraph 2 of Schedule 4;
(c)
Chapter 3 of Part 7 (migratory and freshwater fish);
(d)
Chapter 4 of Part 7 (obsolete fisheries enactments);
(e)
Part 9 (coastal access);
(f)
in Part 10—
20
(i)
sections 306 and 307 (Natural England);
(ii)
section 308 (Countryside Council for Wales);
(iii)
section 309 (which inserts Part 4A into the Energy Act 2008
(c. 32));
(g)
Schedule 14 (minor and consequential amendments relating to IFC
25
authorities).
(3)
Subject to subsection (2)—
(a)
any repeal in Schedule 22 (and section 316 so far as relating to the
repeal) has the same extent as the provisions of this Act to which the
repeal relates, but
30
(b)
paragraph (a) is subject to any provision in the notes in that Schedule.
(4)
Subject to subsection (2), the following provisions also extend to Scotland—
(a)
Part 1 (the MMO);
(b)
Part 2 (exclusive economic zone, UK marine area and Welsh zone);
(c)
Part 3 (marine planning);
35
(d)
Part 4 (marine licensing), other than paragraph 1 of Schedule 8;
(e)
Chapter 1 of Part 5 (MCZs), other than section 146 and Schedules 11 and
12;
(f)
in Chapter 1 of Part 6, sections 165, 166 and 181 (powers of IFC officers
etc);
40
(g)
in Part 7 (fisheries)—
(i)
sections 207 and 208 (crabs and lobsters);
(ii)
section 227 (keeping, introduction and removal of fish);
(h)
in Part 8 (enforcement), Chapters 1 to 5 and section 290;
(i)
this Part (other than section 316 and Schedule 22, except as provided by
45
subsection (2) or (3)).