|
| |
|
(5) | Subject to subsection (2), the following provisions also extend to Northern |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(10) | The amendments made by— |
| |
| |
| 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. |
| |
| |
(1) | The following provisions of this Act come into force on the day on which this |
| 40 |
| |
(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; |
| 45 |
|
| |
|
| |
|
(ii) | sections 44(1)(b) and (5) and 45(4), so far as relating to those |
| |
| |
(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); |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(8) | In this section “Wales” includes the Welsh inshore region. |
| |
| |
This Act may be cited as the Marine and Coastal Access Act 2009. |
| |
| 45 |
|
| |
|
| |
|
| |
| |
| |
The Marine Management Organisation |
| |
| |
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 |
| |
| |
(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 |
| |
2 | A person (the “chair of the MMO”) is to be appointed by the Secretary of |
| |
| |
| |
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”). |
| |
|
| |
|
| |
|
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 |
| |
(b) | of securing that a variety of skills and experience is available among |
| |
| |
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. |
| |
| |
7 (1) | A person appointed as— |
| 15 |
(a) | the chair of the MMO, or |
| |
| |
| 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). |
| |
| |
8 | A person may, by giving notice to the Secretary of State, resign from office |
| 30 |
| |
(a) | the chair of the MMO, |
| |
| |
| |
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, |
| |
| |
(a) | the person has become bankrupt or made an arrangement with |
| |
| 40 |
|
| |
|
| |
|
(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— |
| |
| |
| 20 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| the Secretary of State may require the MMO to make such payments to the |
| |
person as the Secretary of State may determine. |
| |
|
| |
|
| |
|
| |
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 |
| |
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. |
| |
| |
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 |
| |
| |
(2) | The MMO may only make a determination under sub-paragraph (1) with |
| 20 |
the approval of the Secretary of State. |
| |
| |
| |
(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 |
| |
| |
(2) | The MMO may only make a determination under sub-paragraph (1) with |
| |
the approval of the Secretary of State. |
| 30 |
| |
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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
(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. |
| |
| 5 |
20 | Subject to the following provisions of this Schedule, the MMO may |
| |
| |
(a) | its own procedure (including quorum), and |
| |
(b) | the procedure of any of its committees or sub-committees (including |
| |
| 10 |
| |
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 |
| |
| 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 |
| |
| |
(2) | The MMO may pay such remuneration and allowances as it may determine |
| |
| |
(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. |
| |
| |
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- |
| |
| |
Application of seal and proof of documents |
| |
24 (1) | The application of the MMO’s seal must be authenticated by the signature |
| 40 |
| |
|
| |
|