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]
Schedule 6 — Marine plans: preparation and adoption
244

(a)
the Secretary of State (unless the Secretary of State is the marine plan
authority);
(b)
any marine plan authority whose marine planning region adjoins or
is adjacent to the marine plan area;
(c)
if the Scottish inshore region adjoins or is adjacent to the marine plan
5
area, the Scottish Ministers;
(d)
any local planning authority whose area adjoins or is adjacent to the
marine plan area;
(e)
any responsible regional authorities whose region adjoins or is
adjacent to the marine plan area.
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      (3)
In this paragraph—
“local planning authority” means an authority which is—
(a)
a local planning authority for the purposes of Part 2 of the
Planning and Compulsory Purchase Act 2004 (c. 5) (see
section 37 of that Act), or
15
(b)
a planning authority for the purposes of the Town and
Country Planning (Scotland) Act 1997 (c. 8) (see section 1 of
that Act);
“responsible regional authorities” has the same meaning as in Part 5 of
the Local Democracy, Economic Development and Construction Act
20
2009 (regional strategy).
Secretary of State to be kept informed of authority’s intentions as to certain matters
2     (1)
This paragraph applies in any case where a marine plan authority gives
notice to the Secretary of State under paragraph 1(2)(a).
      (2)
The notice must state whether the marine plan authority proposes to include
25
in the plan provision relating to retained functions (see sections 59 and 60).
      (3)
The notice must state whether the marine plan authority proposes so to
prepare the marine plan that it will not be in conformity with any MPS
which governs marine planning for the marine plan area.
      (4)
The marine plan authority must keep the Secretary of State informed (by
30
giving further notices) of any changes that may from time to time occur in
its intentions with respect to any of the matters mentioned in sub-paragraph
(2) or (3).
Marine plans to be compatible with certain other marine plans and Planning Act plans
3     (1)
In preparing or amending a marine plan for a marine plan area in its region,
35
a marine plan authority must take all reasonable steps to secure that the plan
is compatible with the marine plan for any marine plan area (whether or not
within its marine planning region) which is related to that area.
      (2)
The marine plan authority for—
(a)
the English inshore region, or
40
(b)
the Welsh inshore region,

must also take all reasonable steps to secure that any marine plan for a
marine plan area in its marine planning region is compatible with the
relevant Planning Act plan for any area in England, Wales or Scotland which
is related to the marine plan area.
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Marine and Coastal Access Bill [HL]
Schedule 6 — Marine plans: preparation and adoption
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      (3)
For the purposes of this paragraph, one area is “related to” another if one or
more of the following conditions is met—
(a)
the one area adjoins or is adjacent to the other;
(b)
the one area lies wholly or partly within the other;
(c)
the whole or any part of the one area affects or is affected by the
5
whole or any part of the other.
      (4)
In the case of an area in England or Scotland, the “relevant Planning Act
plan” is the development plan.
      (5)
In the case of an area in Wales, each of the following is a “relevant Planning
Act plan”—
10
(a)
the development plan;
(b)
the Wales Spatial Plan.
      (6)
In this paragraph—
“development plan”—
(a)
in the case of an area in England or Wales, is to be read in
15
accordance with section 38(2) to (4) of the Planning and
Compulsory Purchase Act 2004 (c. 5);
(b)
in the case of an area in Scotland, is to be read in accordance
with section 24 of the Town and Country Planning (Scotland)
Act 1997 (c. 8);
20
“the Wales Spatial Plan” means the Wales Spatial Plan under section 60
of the Planning and Compulsory Purchase Act 2004.
Consultation in Northern Ireland
4     (1)
In the case of a marine plan for a marine plan area in the Northern Ireland
offshore region, the marine plan authority must consult the relevant
25
Northern Ireland departments—
(a)
during the preparation of the consultation draft under paragraph 11,
and
(b)
during the settling of the text of the plan for adoption and
publication under paragraph 15.
30
      (2)
For the purposes of this paragraph the relevant Northern Ireland
departments are those Northern Ireland departments which have functions
in relation to the whole or any part of the UK marine area.
Statement of public participation
5     (1)
Before preparing a marine plan for any marine plan area, a marine plan
35
authority must prepare and publish a statement of public participation (an
“SPP”).
      (2)
An SPP is a statement of the policies settled by the marine plan authority for
or in connection with the involvement of interested persons in the
preparation of the proposed marine plan.
40
      (3)
An SPP must identify (by means of a map or otherwise) the area for which
the marine plan is being prepared.
      (4)
If the marine plan authority proposes to include provision relating to
retained functions, the SPP—

Marine and Coastal Access Bill [HL]
Schedule 6 — Marine plans: preparation and adoption
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(a)
must state that that is the case, and
(b)
may be published only with the agreement of the Secretary of State.
      (5)
An SPP must invite the making of representations in accordance with the
SPP as to matters to be included in the proposed marine plan.
      (6)
The marine plan authority must publish the SPP in a way calculated to bring
5
it to the attention of interested persons.
      (7)
The marine plan authority must take all reasonable steps to comply with the
SPP.
      (8)
In this paragraph “interested persons” means—
(a)
any persons appearing to the marine plan authority to be likely to be
10
interested in, or affected by, policies proposed to be included in the
marine plan, and
(b)
members of the general public.
Further provision about the content of an SPP
6     (1)
An SPP must include a proposed timetable.
15
      (2)
The proposed timetable must include such provision as the marine plan
authority considers reasonable for each of the following—
(a)
the preparation and publication of the consultation draft under
paragraph 11 (including the carrying out of the sustainability
appraisal under paragraph 10);
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(b)
the making of representations about the consultation draft;
(c)
the consideration of representations under paragraph 12 and the
settling of the text of the marine plan for adoption and publication
under paragraph 15;
(d)
the adoption and publication of the marine plan under that
25
paragraph.
      (3)
An SPP may include provision for or in connection with the holding of
public meetings about the consultation draft.
      (4)
An SPP must include provision about the making of—
(a)
representations, in response to the invitation issued under
30
paragraph 5(5), about the matters to be included in the proposed
marine plan, and
(b)
representations under paragraph 12 about the consultation draft.
      (5)
The provision to be made under sub-paragraph (4) includes provision
about—
35
(a)
the manner in which representations may be made, and
(b)
the time within which representations must be made.
Review and revision of the SPP
7     (1)
The marine plan authority must keep the SPP under review.
      (2)
If at any time the marine plan authority considers it necessary or expedient
40
to revise the SPP, it must do so.
      (3)
The marine plan authority must revise the SPP if—

Marine and Coastal Access Bill [HL]
Schedule 6 — Marine plans: preparation and adoption
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(a)
it proposes to include in the marine plan provision relating to
retained functions, and
(b)
the SPP does not already include a statement that that is the case.
      (4)
Where the marine plan authority revises the SPP, it must publish the SPP as
revised.
5
      (5)
In any case where the SPP is required to be revised by virtue of sub-
paragraph (3), the revised SPP may be published only with the agreement of
the Secretary of State.
      (6)
Any reference in this Schedule to an SPP includes a reference to an SPP as
revised.
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Advice and assistance
8     (1)
In connection with the preparation of a marine plan, or of any proposals for
a marine plan, the marine plan authority may seek advice or assistance from
any body or person in relation to any matter in which that body or person
has particular expertise.
15
      (2)
The steps that a marine plan authority may take for the purpose of
facilitating the involvement of interested persons in—
(a)
the development of proposals for inclusion in a proposed marine
plan, or
(b)
consultation in connection with such proposals,
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include the convening of groups of persons for such purposes, and in such
manner, as the marine plan authority considers appropriate.
      (3)
In this paragraph “interested persons” has the same meaning as in
paragraph 5.
Matters to which a marine plan authority is to have regard in preparing a marine plan
25
9     (1)
The matters to which a marine plan authority is to have regard in preparing
a marine plan include each of the matters in sub-paragraph (2).
      (2)
Those matters are—
(a)
the requirement under section 51(6) for a marine plan to be in
conformity with any MPS which governs marine planning for the
30
marine plan area, unless relevant considerations indicate otherwise,
(b)
the duties imposed by paragraph 3(1) and (2) with respect to
securing compatibility with marine plans or Planning Act plans for
areas which are related to the marine plan area,
(c)
the effect which any proposal for inclusion in the plan is likely to
35
have on any area which is related to the marine plan area;
(d)
the results of the review required by section 54,
(e)
the SPP,
(f)
any representations made in response to the invitation issued
pursuant to sub-paragraph (5) of paragraph 5,
40
(g)
any advice received under paragraph 8(1),
(h)
any plan (not falling within paragraph 3(1) or (2)) prepared by a
public or local authority in connection with the management or use
of the sea or the coast, or of marine or coastal resources, in the marine

Marine and Coastal Access Bill [HL]
Schedule 6 — Marine plans: preparation and adoption
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plan area or in any adjoining or adjacent area in England or Wales,
Scotland or Northern Ireland,
(i)
the powers and duties of the Crown Estate Commissioners under the
Crown Estate Act 1961 (c. 55),

and such other matters as the marine plan authority considers relevant.
5
      (3)
For the purposes of this paragraph, one area is related to another if one or
more of the following conditions is met—
(a)
the one area adjoins or is adjacent to the other;
(b)
the one area lies wholly or partly within the other;
(c)
the whole or any part of the one area affects or is affected by the
10
whole or any part of the other.
Sustainability appraisal
10    (1)
A marine plan authority preparing a marine plan must carry out an
appraisal of the sustainability of its proposals for inclusion in the plan.
      (2)
The authority may proceed with those proposals only if it considers that the
15
results of the appraisal indicate that it is appropriate to do so.
      (3)
The marine plan authority must publish a report of the results of the
appraisal.
      (4)
The report is to be published when the marine plan authority publishes the
consultation draft under paragraph 11.
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Preparation and publication of a consultation draft
11    (1)
A marine plan authority preparing a marine plan must publish a draft
containing its proposals for inclusion in the plan (the “consultation draft”).
      (2)
If the draft includes provision relating to retained functions, it may be
published only with the agreement of the Secretary of State.
25
      (3)
The marine plan authority must publish the consultation draft in such
manner as it considers appropriate.
      (4)
The marine plan authority must also take such steps as it considers
appropriate to secure that the proposals contained in the consultation draft
are brought to the attention of interested persons.
30
      (5)
In this paragraph “interested persons” has the same meaning as in
paragraph 5.
Representations about the consultation draft
12    (1)
Any person may make representations about the consultation draft.
      (2)
Any such representations are to be made in accordance with the SPP.
35
      (3)
If any representations are made about the consultation draft, the marine
plan authority must consider them in the course of settling the text of the
marine plan for adoption and publication under paragraph 15.

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Independent investigation
13    (1)
A marine plan authority which has published a consultation draft in
accordance with paragraph 11 must consider appointing an independent
person to investigate the proposals contained in that draft and to report on
them.
5
      (2)
In deciding whether to appoint such a person, the marine plan authority
must have regard to—
(a)
any representations received about the matters to be included in the
proposed marine plan, in response to the invitation issued pursuant
to paragraph 5(5),
10
(b)
any representations received about the proposals published in the
consultation draft,
(c)
the extent to which matters raised by representations falling within
paragraph (b) have not been resolved,

and such other matters as the marine plan authority considers relevant.
15
      (3)
Any person so appointed must—
(a)
make recommendations, and
(b)
give reasons for the recommendations.
      (4)
The marine plan authority must publish the recommendations and the
reasons given for them.
20
Matters to which marine plan authority to have regard in settling text for adoption etc
14
A marine plan authority settling the text of a marine plan for adoption and
publication under paragraph 15 must have regard to—
(a)
any recommendations made by any person appointed under
paragraph 13,
25
(b)
the reasons given by any such person for any such
recommendations,

and any other matters that the marine plan authority considers relevant.
Adoption and publication of a marine plan
15    (1)
A marine plan is “adopted” by a marine plan authority when the authority
30
has decided to publish the plan (and “adopt” and related expressions are to
be read accordingly).
      (2)
A marine plan may be so adopted only by, or with the agreement of, the
Secretary of State.
      (3)
Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh
35
inshore region if the plan does not include provision relating to retained
functions.
      (4)
The conferral on a devolved authority by this Part of functions whose
exercise is subject to the agreement of the Secretary of State under sub-
paragraph (2) does not affect any functions, or the exercise of any functions,
40
of the devolved authority apart from this Part (whenever conferred or
imposed).
      (5)
In sub-paragraph (4) “devolved authority” means—
(a)
the Scottish Ministers;

Marine and Coastal Access Bill [HL]
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(b)
the Welsh Ministers;
(c)
the Department of the Environment in Northern Ireland.
      (6)
The marine plan which a marine plan authority decides to publish may be—
(a)
the same as the proposals published in the consultation draft, or
(b)
those proposals with such modifications as the marine plan
5
authority thinks fit.
      (7)
A marine plan authority which adopts a marine plan must publish the plan
as soon as reasonably practicable after its adoption, together with statements
of each of the following—
(a)
any modifications that have been made to the proposals published in
10
the consultation draft,
(b)
the reasons for those modifications,
(c)
if any recommendations made by any independent person
appointed under paragraph 13 have not been implemented in the
marine plan, the reasons why those recommendations have not been
15
implemented.
Schedule 7
Section 97

Further provision about civil sanctions under Part 4
Interpretation
1
In this Schedule “civil sanction” means a fixed monetary penalty or a
20
variable monetary penalty.
Fixed monetary penalties: other sanctions
2     (1)
Provision under section 93 must secure that, in a case where a notice of intent
referred to in section 94(2)(a) is served on a person—
(a)
no criminal proceedings for the offence to which the notice relates
25
may be instituted against the person in respect of the act or omission
to which the notice relates before the end of the period in which the
person may discharge liability to the fixed monetary penalty
pursuant to section 94(2)(b), and
(b)
if the person so discharges liability, the person may not at any time
30
be convicted of the offence to which the notice relates in relation to
that act or omission.
      (2)
Provision under section 93 must also secure that, in a case where a fixed
monetary penalty is imposed on a person—
(a)
that person may not at any time be convicted of the offence in
35
relation to which the penalty is imposed in respect of the act or
omission giving rise to the penalty;
(b)
the enforcement authority may not issue a compliance notice or a
remediation notice to that person in respect of the act or omission
giving rise to the penalty.
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