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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

24

 

Transfer schemes etc

39      

Transfer schemes

(1)   

The Secretary of State may, in connection with the establishment of, or the

transfer of any functions to, the MMO, make one or more schemes for the

transfer to the MMO of designated property, rights or liabilities of any of the

5

following—

(a)   

a Minister of the Crown,

(b)   

a government department,

(c)   

a statutory body.

(2)   

The Secretary of State may make one or more schemes for the transfer of

10

designated property, rights or liabilities of the MMO to any of the following—

(a)   

a Minister of the Crown,

(b)   

a government department,

(c)   

a statutory body.

(3)   

In connection with the efficient management for public purposes of any

15

property, rights or liabilities, the Secretary of State may at any time make one

or more schemes for the transfer of—

(a)   

designated property, rights or liabilities of the Secretary of State to the

MMO, or

(b)   

designated property, rights or liabilities of the MMO to the Secretary of

20

State.

(4)   

On the transfer date for any designated property, rights or liabilities, that

property and those rights and liabilities are transferred and vest in accordance

with the scheme.

(5)   

In this section and Schedule 3

25

“designated”, in relation to a scheme, means specified or described in, or

determined in accordance with, the scheme;

“statutory body” means any body or person established by or under any

enactment;

“transfer date”, in relation to any property, rights or liabilities, means a

30

date specified by a scheme as the date on which the scheme is to have

effect in relation to that property or those rights or liabilities.

(6)   

Schedule 3 makes further provision relating to schemes under this section.

40      

Interim arrangements

(1)   

The Secretary of State may by notice require any of the following—

35

(a)   

a Minister of the Crown,

(b)   

a government department,

(c)   

a statutory body,

   

to provide to the MMO on a temporary basis such staff, premises or other

facilities as may be specified in the notice.

40

(2)   

In this section “statutory body” means any body or person established by or

under any enactment.

 
 

Marine and Coastal Access Bill [HL]
Part 2 — Exclusive economic zone, UK marine area and Welsh zone

25

 

Part 2

Exclusive economic zone, UK marine area and Welsh zone

41      

Exclusive economic zone

(1)   

The rights to which this section applies have effect as rights belonging to Her

Majesty by virtue of this section.

5

(2)   

This section applies to all rights under Part V of the Convention that are

exercisable by the United Kingdom in areas outside the territorial sea.

(3)   

Her Majesty may by Order in Council designate an area as an area within

which the rights to which this section applies are exercisable (an “exclusive

economic zone”).

10

(4)   

The Secretary of State may by order designate the whole or any part of the

exclusive economic zone as an area in relation to which the Scottish Ministers,

the Welsh Ministers or any Northern Ireland department are to have functions.

(5)   

In any enactment or instrument passed or made after the coming into force of

an Order in Council made under this section, any reference to the United

15

Kingdom’s exclusive economic zone is to be read as a reference to any area

designated in the Order in Council.

(6)   

An Order in Council under this section may include incidental, consequential,

supplementary or transitional provision or savings.

(7)   

In this section “the Convention” means the United Nations Convention on the

20

Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed

after the passing of this Act that have entered into force in relation to the

United Kingdom.

(8)   

Part 1 of Schedule 4 (which contains amendments consequential on this

section) has effect.

25

42      

UK marine area

(1)   

For the purposes of this Act, the “UK marine area” consists of the following—

(a)   

the area of sea within the seaward limits of the territorial sea adjacent

to the United Kingdom,

(b)   

any area of sea within the limits of the exclusive economic zone,

30

(c)   

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

(so far as not falling within the area mentioned in paragraph (b), and

see also subsection (2)),

   

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

(2)   

The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK

35

marine area for any purpose only to the extent that such treatment for that

purpose does not contravene any international obligation binding on the

United Kingdom or Her Majesty’s government.

(3)   

In this section “sea” includes—

(a)   

any area submerged at mean high water spring tide, and

40

(b)   

the waters of every estuary, river or channel, so far as the tide flows at

mean high water spring tide.

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement

26

 

(4)   

The area of sea referred to in subsection (3)(a) includes waters in any area—

(a)   

which is closed, whether permanently or intermittently, by a lock or

other artificial means against the regular action of the tide, but

(b)   

into which seawater is caused or permitted to flow, whether

continuously or from time to time, and

5

(c)   

from which seawater is caused or permitted to flow, whether

continuously or from time to time.

(5)   

Until the coming into force of the first Order in Council made under section 41

(the exclusive economic zone), the reference in subsection (1)(b) to the

exclusive economic zone is to be read as a reference to a renewable energy

10

zone.

43      

Welsh zone

(1)   

Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is

amended as follows.

(2)   

In subsection (1) after the definition of “Wales” insert “, and

15

“Welsh zone” means the sea adjacent to Wales which is—

(a)   

within British fishery limits (that is, the limits set by or

under section 1 of the Fishery Limits Act 1976), and

(b)   

specified in an Order in Council under section 58 or an

order under subsection (3).”

20

(3)   

For subsection (3) substitute—

“(3)   

The Secretary of State may by order determine, or make provision for

determining, for the purposes of the definitions of “Wales” and the

“Welsh zone”, any boundary between waters which are to be treated as

parts of the sea adjacent to Wales, or sea within British fishery limits

25

adjacent to Wales, and those which are not.”

(4)   

Part 2 of Schedule 4 (which contains amendments consequential on this

section) has effect.

(5)   

The Secretary of State may by order make such modifications or amendments

of—

30

(a)   

any Act passed before the end of the Session in which this Act is passed,

or

(b)   

any instrument made before the end of that Session,

   

as the Secretary of State considers appropriate in consequence of this section.

Part 3

35

Marine planning

Chapter 1

Marine policy statement

44      

Marine policy statement

(1)   

For the purposes of this Act a “marine policy statement” (an “MPS”) is a

40

document—

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement

27

 

(a)   

in which the policy authorities that prepare and adopt it state general

policies of theirs (however expressed) for furthering the achievement of

sustainable development in the UK marine area,

(b)   

which has been prepared and adopted by those authorities in

accordance with Schedule 5, and

5

(c)   

which states that it has been prepared and adopted for the purposes of

this section.

(2)   

An MPS may also include statements or information relating to policies

contained in the MPS.

(3)   

If to any extent a policy stated in an MPS conflicts with any other statement or

10

information in the MPS, that conflict must be resolved in favour of the policy.

(4)   

In this Part “policy authority” means any of the following—

(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the Welsh Ministers;

15

(d)   

the Department of the Environment in Northern Ireland.

(5)   

Any reference in this Part to an MPS being adopted by any policy authorities

is a reference to the final text of the MPS being adopted by those authorities in

accordance with Schedule 5.

45      

Preparation and coming into effect of statement

20

(1)   

An MPS may only be prepared by—

(a)   

all the policy authorities, acting jointly,

(b)   

the Secretary of State and any one or more other policy authorities,

acting jointly, or

(c)   

the Secretary of State.

25

(2)   

An MPS must not be prepared by the Secretary of State acting alone under

subsection (1)(c) unless the Secretary of State has first invited each of the other

policy authorities to participate in the preparation of an MPS.

(3)   

A later MPS replaces an earlier MPS, whether or not the later MPS is prepared

and adopted by the same policy authorities that prepared and adopted the

30

earlier MPS.

(4)   

An MPS comes into effect when it has been published in accordance with

Schedule 5.

46      

Review of statement

The policy authorities that prepared and adopted an MPS must review the

35

MPS whenever they consider it appropriate to do so.

47      

Amendment of statement

(1)   

An MPS may be amended from time to time by the policy authorities which

prepared and adopted it.

(2)   

Any amendment of an MPS must be prepared and adopted in accordance with

40

Schedule 5.

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statement

28

 

(3)   

Any amendment of an MPS comes into effect when it has been published in

accordance with that Schedule.

(4)   

Any reference in this Part to an amendment of an MPS being adopted by any

policy authorities is a reference to the final text of the amendment being

adopted by those authorities in accordance with that Schedule.

5

(5)   

Any reference in this Act to an MPS includes a reference to an MPS as

amended.

48      

Withdrawal of, or from, statement

(1)   

If any of the policy authorities that prepared and adopted an MPS—

(a)   

comes to the conclusion that it desires to withdraw from the MPS, and

10

(b)   

publishes notice of that conclusion in each of the Gazettes,

   

the authority is to be regarded as having withdrawn from the MPS as from the

date on which the notice is so published.

(2)   

Before arranging to publish any such notice, the policy authority must inform

each of the other policy authorities that it intends to do so.

15

(3)   

If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from

the date of the Secretary of State’s withdrawal.

(4)   

If any other policy authority withdraws from an MPS, then, as from the date of

the authority’s withdrawal, the authority is to be treated for the purposes of

this Part as if it were not one of the policy authorities which adopted and

20

published the MPS.

(5)   

If the Secretary of State withdraws from an MPS, the Secretary of State must

take such further steps as the Secretary of State considers appropriate to secure

that the withdrawal of the MPS is brought to the attention of interested

persons.

25

(6)   

If any other policy authority withdraws from an MPS, it must take such further

steps as it considers appropriate to secure that its withdrawal from the MPS is

brought to the attention of interested persons.

(7)   

An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as

from the date of the withdrawal.

30

(8)   

Where a policy authority withdraws from an MPS, or an MPS is withdrawn by

virtue of the withdrawal of the Secretary of State, the withdrawal does not

affect—

(a)   

the continuing validity or effect of any marine plan for any marine plan

area, or

35

(b)   

until such time as a new MPS governs marine planning for a marine

plan area, the construction of any marine plan for that marine plan area.

(9)   

In this section—

“the Gazettes” means—

(a)   

the London Gazette,

40

(b)   

the Edinburgh Gazette, and

(c)   

the Belfast Gazette;

“interested persons” means—

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans

29

 

(a)   

any persons appearing to the policy authority to be likely to be

interested in, or affected by, the withdrawal of or from the MPS;

(b)   

members of the general public.

Chapter 2

Marine plans

5

49      

Marine planning regions

(1)   

The UK marine area comprises the following marine planning regions—

(a)   

the English inshore region;

(b)   

the English offshore region;

(c)   

the Scottish inshore region;

10

(d)   

the Scottish offshore region;

(e)   

the Welsh inshore region;

(f)   

the Welsh offshore region;

(g)   

the Northern Ireland inshore region;

(h)   

the Northern Ireland offshore region.

15

(2)   

The definitions of those regions can be found in section 317.

50      

Marine plan authorities

(1)   

There is to be a marine plan authority for each marine planning region other

than—

(a)   

the Scottish inshore region;

20

(b)   

the Northern Ireland inshore region.

(2)   

The marine plan authority for each marine planning region is as follows—

(a)   

for the English inshore region, the Secretary of State;

(b)   

for the English offshore region, the Secretary of State;

(c)   

for the Scottish offshore region, the Scottish Ministers;

25

(d)   

for the Welsh inshore region, the Welsh Ministers;

(e)   

for the Welsh offshore region, the Welsh Ministers;

(f)   

for the Northern Ireland offshore region, the Department of the

Environment in Northern Ireland.

(3)   

References to a marine plan authority’s region are to be construed accordingly.

30

51      

Marine plans for marine plan areas

(1)   

A marine plan authority may prepare a marine plan for an area (a “marine plan

area”) consisting of the whole or any part of its marine planning region.

(2)   

Where an MPS governs marine planning for a marine planning region, the

marine plan authority for the region must seek to ensure that every part of the

35

region is within an area for which a marine plan is in effect.

(3)   

A “marine plan” is a document which—

(a)   

has been prepared and adopted for a marine plan area by the

appropriate marine plan authority in accordance with Schedule 6,

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans

30

 

(b)   

states the authority’s policies (however expressed) for and in

connection with the sustainable development of the area, and

(c)   

states that it is a marine plan prepared and adopted for the purposes of

this section.

(4)   

For the purposes of this section “the appropriate marine plan authority” in the

5

case of any marine plan area is the marine plan authority in whose region the

marine plan area lies.

(5)   

A marine plan must identify (by means of a map or otherwise) the marine plan

area for which it is a marine plan.

(6)   

A marine plan must be in conformity with any MPS which governs marine

10

planning for the marine plan area unless relevant considerations indicate

otherwise.

(7)   

For the purposes of this Part, an MPS “governs marine planning” for an area

if—

(a)   

it has been adopted by the policy authority which is the marine plan

15

authority whose region consists of or includes the area,

(b)   

it has been published in accordance with paragraph 12 of Schedule 5,

(c)   

it has not been replaced or withdrawn, and

(d)   

the policy authority mentioned in paragraph (a) has not withdrawn

from it.

20

   

As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal

of, or from, an MPS).

(8)   

Unless prepared and adopted by the Secretary of State, a marine plan must

state whether it includes provision relating to retained functions (see sections

59 and 60).

25

(9)   

A marine plan may also include statements or information relating to policies

contained in the plan.

(10)   

If to any extent a policy stated in a marine plan conflicts with any other

statement or information in the plan, that conflict must be resolved in favour

of the policy.

30

(11)   

A marine plan comes into effect when it has been published by the marine plan

authority that prepared and adopted it in accordance with Schedule 6.

52      

Amendment of marine plan

(1)   

A marine plan may be amended from time to time by the marine plan authority

for the marine planning region in which the marine plan area lies.

35

(2)   

The provisions of this Part that relate to the preparation, adoption, publication

and coming into effect of a marine plan also apply in relation to amendments

of a marine plan.

(3)   

Any reference in this Act to a marine plan includes a reference to a marine plan

as amended.

40

53      

Withdrawal of marine plan

(1)   

A marine plan may be withdrawn at any time, but only in accordance with the

following provisions of this section.

 
 

 
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