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
224

(5)
Subject to subsection (2), the following provisions also extend to Northern
Ireland—
(a)
Part 1 (the MMO);
(b)
Part 2 (exclusive economic zone, UK marine area and Welsh zone);
(c)
Part 3 (marine planning);
5
(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 Part 8 (enforcement), Chapters 1 to 5 and section 290;
(g)
this Part (other than section 316 and Schedule 22, except as provided by
10
subsection (2) or (3)).
(6)
The amendments and repeals made by this Act to provisions of the Food and
Environment Protection Act 1985 (c. 48) do not extend to any of the Channel
Islands or any British overseas territory.
(7)
Her Majesty may by Order in Council—
15
(a)
provide for any of the provisions of Part 4 (marine licensing) or this
Part, so far as relating to Part 4, to extend, with or without
modifications, to any of the territories specified in subsection (8), and
(b)
where any such provision is made in relation to any of those territories,
repeal any provisions of Part 2 or 4 of the Food and Environment
20
Protection Act 1985 (deposits in the sea etc) as they have effect as part
of the law of that territory.
(8)
The territories mentioned in subsection (7) are—
(a)
the Bailiwick of Jersey;
(b)
the Falkland Islands;
25
(c)
South Georgia and the Sandwich Islands;
(d)
St Helena and Dependencies.
(9)
In section 24 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to extend
provisions of that Act to Isle of Man or Channel Islands), as it applies in relation
to the Bailiwick of Guernsey, any reference to a provision of that Act includes
30
a reference to that provision as amended by any provision of Chapter 1 of Part
7 of this Act.
(10)
The amendments made by—
(a)
paragraph 2 of Schedule 4 (amendments to the Fishery Limits Act 1976
(c. 86)),
35
(b)
section 207 (taking of crabs and lobsters for scientific purposes), and
(c)
section 208 (orders prohibiting the taking and sale of certain lobsters),

do not extend to the Isle of Man or the Channel Islands.
319
Commencement
(1)
The following provisions of this Act come into force on the day on which this
40
Act is passed—
(a)
in Part 3 (marine planning)—
(i)
paragraphs 4(1) to (4), 5 and 6 of Schedule 5 (statement of public
participation relating to MPS) and, so far as relating to those
paragraphs, paragraphs 1 and 2 of that Schedule;
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Marine and Coastal Access Bill [HL]
Part 11 — Supplementary provisions
225

(ii)
sections 44(1)(b) and (5) and 45(4), so far as relating to those
paragraphs;
(b)
this Part, other than section 316 and Schedule 22;
(c)
any power of a Minister of the Crown, the Scottish Ministers, the Welsh
Ministers or a Northern Ireland department to make regulations or an
5
order under or by virtue of this Act;
(d)
any power to make an Order in Council under the Government of
Wales Act 2006 (c. 32) by virtue of the amendments made by section 43
and paragraph 6 of Schedule 4 (Welsh zone).
(2)
So far as not already brought into force by virtue of subsection (1), the
10
following provisions of this Act come into force at the end of the period of 2
months beginning with the day on which this Act is passed—
(a)
Part 3 (marine planning);
(b)
in Part 5—
(i)
Chapter 1 (MCZs), so far as not relating to MCZs in Wales;
15
(ii)
Chapter 2 (other conservation sites), so far as not relating to
Wales;
(c)
sections 185 to 188 (inshore fisheries in Wales);
(d)
Part 9 (coastal access).
(3)
Subject to subsection (4), the other provisions of this Act come into force on an
20
appointed day.
(4)
Any repeal in Schedule 22 (and section 316 so far as relating to the repeal)
comes into force in the same way as the provisions of this Act to which the
repeal relates.
(5)
In this section “appointed day” means such day or days as the Secretary of
25
State may by order appoint.
(6)
The power conferred by subsection (5) is exercisable by the Welsh Ministers
(and not the Secretary of State) in relation to the following provisions—
(a)
so far as relating to MCZs in Wales—
(i)
Chapter 1 of Part 5 (MCZs);
30
(ii)
the repeals in Schedule 22 relating to that Chapter;
(iii)
section 316 so far as relating to those repeals;
(b)
Chapter 2 of Part 5 (other conservation sites), so far as relating to Wales;
(c)
so far as relating to sea fisheries districts in Wales, or any part of a sea
fisheries district lying in Wales—
35
(i)
in Part 6, section 182 (repeal of the Sea Fisheries Regulation Act
1966 (c. 38));
(ii)
the repeals in Schedule 22 relating to that section;
(iii)
section 316 so far as relating to that section and those repeals.
(7)
An order under subsection (5) may appoint different days for different
40
purposes.
(8)
In this section “Wales” includes the Welsh inshore region.
320
Short title
This Act may be cited as the Marine and Coastal Access Act 2009.
45

Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation
226

Schedules
Schedule 1
Section 1

The Marine Management Organisation
Status of the MMO
1     (1)
The MMO is a body corporate.
5
      (2)
The MMO is not to be regarded—
(a)
as a servant or agent of the Crown,
(b)
as enjoying any status, privilege or immunity of the Crown, or
(c)
as exempt, by virtue of any connection with the Crown, from any tax,
duty, rate, levy or other charge whatsoever, whether general or local,
10

and the property of the MMO is not to be regarded as property of, or held
on behalf of, the Crown.
      (3)
Accordingly, employees of the MMO are not to be regarded as—
(a)
servants or agents of the Crown, or
(b)
enjoying any status, immunity or privilege of the Crown.
15
The chair of the MMO
2
A person (the “chair of the MMO”) is to be appointed by the Secretary of
State to chair the MMO.
Membership
3     (1)
The members of the MMO are to be—
20
(a)
the person who is for the time being the chair of the MMO, and
(b)
not fewer than 5, nor more than 8, other members (“ordinary
members”) who are to be appointed by the Secretary of State.
      (2)
The Secretary of State must consult the chair of the MMO before appointing
any of the ordinary members.
25
      (3)
If a person who is an ordinary member is to become the chair of the MMO,
the appointment as ordinary member ceases immediately before the person
becomes the chair of the MMO.
The deputy chair of the MMO
4
The Secretary of State may appoint one of the ordinary members to be the
30
deputy chair of the MMO (“the deputy chair”).

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Schedule 1 — The Marine Management Organisation
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Considerations in making appointments
5
In appointing any person to be the chair of the MMO or an ordinary
member, the Secretary of State must have regard to the desirability—
(a)
of appointing a person who has experience of, and has shown some
capacity in, some matter relevant to the exercise of the MMO’s
5
functions, and
(b)
of securing that a variety of skills and experience is available among
the members.
Power to amend the numbers of members specified in paragraph 3(1)
6     (1)
The Secretary of State may by order amend paragraph 3(1) so as to substitute
10
a different number for any of the numbers for the time being specified there.
      (2)
An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that
it provides that there may be fewer than 5 ordinary members.
Terms of appointment
7     (1)
A person appointed as—
15
(a)
the chair of the MMO, or
(b)
an ordinary member,

holds and vacates office in accordance with the terms of the appointment.
      (2)
A person appointed as the deputy chair holds and vacates that office in
accordance with any particular terms of appointment there may be in the
20
case of that appointment in addition to the terms of the person’s
appointment as an ordinary member.
      (3)
Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.
      (4)
The terms of appointment to any office in any particular case are to be such
as the Secretary of State may determine.
25
      (5)
No appointment is to be for longer than 5 years.
      (6)
No person may be a member for a total period of more than 10 years
(whether or not continuous).
Resignation from office
8
A person may, by giving notice to the Secretary of State, resign from office
30
as—
(a)
the chair of the MMO,
(b)
the deputy chair, or
(c)
an ordinary member.
Suspension from, or termination of, office
35
9     (1)
The Secretary of State may suspend or terminate the appointment of any
person as the chair of the MMO, the deputy chair, or an ordinary member,
if—
(a)
the person has become bankrupt or made an arrangement with
creditors,
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Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation
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(b)
the person’s estate has been sequestrated in Scotland or the person
has entered into a debt arrangement programme under Part 1 of the
Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as
the debtor or has, under Scots law, granted a trust deed for creditors,
(c)
the person has been absent from meetings of the MMO for a period
5
of more than 6 months without the permission of the MMO,
(d)
the person is disqualified from acting as a company director,
(e)
the person has been convicted (whether before or after appointment)
of a criminal offence, the conviction not being spent for the purposes
of the Rehabilitation of Offenders Act 1974 (c. 53),
10

or if the person is, in the opinion of the Secretary of State, unable or unfit to
discharge the functions of the appointment for any other reason.
      (2)
A person whose appointment as the chair of the MMO is suspended is
accordingly also suspended as a member.
      (3)
If a person’s appointment as an ordinary member is suspended, any
15
appointment of that person as the deputy chair is also suspended.
Eligibility for re-appointment
10
A person who ceases to hold any of the following offices—
(a)
chair of the MMO,
(b)
deputy chair,
20
(c)
ordinary member,

is not by reason of that cessation prevented from subsequently being re-
appointed to that office (or, in the case of paragraph (a) or (c), from
subsequently becoming a member again).
Members’ remuneration and allowances
25
11
The MMO may pay to its members such remuneration and allowances as the
Secretary of State may determine.
Pensions, allowances and gratuities
12
If required to do so by the Secretary of State, the MMO must—
(a)
pay such pensions, allowances or gratuities as the Secretary of State
30
may determine to or in respect of any person who is or has been a
member;
(b)
pay such sums as the Secretary of State may determine towards
provision for the payment of pensions, allowances or gratuities to or
in respect of any such person.
35
Compensation for loss of office
13
If—
(a)
a person ceases to be a member, and
(b)
it appears to the Secretary of State that there are special
circumstances which make it appropriate for the person to receive
40
compensation,

the Secretary of State may require the MMO to make such payments to the
person as the Secretary of State may determine.

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Schedule 1 — The Marine Management Organisation
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Chief executive
14    (1)
The MMO must appoint a person to be its chief executive.
      (2)
The person appointed must have been approved by the Secretary of State.
      (3)
The chief executive is an employee of the MMO.
      (4)
The Secretary of State may appoint the first chief executive.
5
Chief scientific adviser
15    (1)
The MMO must appoint a person to be its chief scientific adviser.
      (2)
The chief scientific adviser is an employee of the MMO.
      (3)
The MMO may only make an appointment under sub-paragraph (1) with
the approval of the Secretary of State as to any terms and conditions of
10
employment not falling within paragraph 17 or 18.
Other staff
16    (1)
The MMO may appoint other employees.
      (2)
The MMO may only make an appointment under sub-paragraph (1) with
the approval of the Secretary of State as to any terms and conditions of
15
employment not falling within paragraph 17 or 18.
Staff remuneration and allowances
17    (1)
The MMO may pay such remuneration and allowances as it may determine
to any of its employees.
      (2)
The MMO may only make a determination under sub-paragraph (1) with
20
the approval of the Secretary of State.
Staff pensions etc
18    (1)
The MMO may—
(a)
pay such pensions, allowances or gratuities as it may determine to or
in respect of any person who is or has been an employee of the MMO;
25
(b)
pay such sums as it may determine towards provision for the
payment of pensions, allowances or gratuities to or in respect of any
such person.
      (2)
The MMO may only make a determination under sub-paragraph (1) with
the approval of the Secretary of State.
30
Staff superannuation
19    (1)
Employment with the MMO is to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) can apply.
      (2)
Accordingly, in Schedule 1 to that Act (kinds of employment to which the
35
Act applies) insert at the appropriate place—
“Marine Management Organisation.”

Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation
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      (3)
The MMO must pay to the Minister for the Civil Service, at such times as that
Minister may direct, such sums as that Minister may determine in respect of
any increase attributable to this paragraph in the sums payable out of money
provided by Parliament under that Act.
Procedure
5
20
Subject to the following provisions of this Schedule, the MMO may
regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure of any of its committees or sub-committees (including
quorum).
10
Delegation of functions
21    (1)
The MMO may authorise a committee, sub-committee, member or employee
of the MMO to exercise any of the MMO’s functions.
      (2)
The MMO must keep a record of any authorisations under sub-paragraph
(1).
15
      (3)
Sub-paragraph (1) does not—
(a)
prevent the MMO from exercising the function itself, or
(b)
affect the power of the MMO to authorise an employee of the MMO
to carry out functions of the MMO.
Membership of committees and sub-committees
20
22    (1)
A committee or sub-committee may include persons who are not members
of the MMO.
      (2)
The MMO may pay such remuneration and allowances as it may determine
to any person who—
(a)
is a member of a committee or sub-committee, but
25
(b)
is not a member of the MMO.
      (3)
The MMO may only make a determination under sub-paragraph (2) with
the approval of the Secretary of State.
Validity of proceedings
23
The validity of anything done by the MMO, or by any committee or sub-
30
committee of the MMO, is not affected by any of the following—
(a)
any vacancy in the office of chair of the MMO or chair of the
committee or sub-committee,
(b)
any deficiency in the number of ordinary members or in the number
of members of the committee or sub-committee,
35
(c)
any defect in, or suspension of, any person’s appointment as the
chair or other member of the MMO or of the committee or sub-
committee.
Application of seal and proof of documents
24    (1)
The application of the MMO’s seal must be authenticated by the signature
40
of—