|
| |
| |
| |
(a) | subsection (3) has effect where a marine plan authority decides to |
| |
| |
(b) | subsection (4) has effect where the Secretary of State decides to |
| |
withdraw agreement to a marine plan; |
| 5 |
(c) | subsections (5) and (6) make supplementary provision. |
| |
(3) | If a marine plan authority decides to withdraw a marine plan— |
| |
(a) | it is to publish notice of the withdrawal of the plan in each appropriate |
| |
| |
(b) | the marine plan is withdrawn as from the date on which the notice is so |
| 10 |
| |
(4) | If at any time the Secretary of State decides to withdraw agreement previously |
| |
given under paragraph 15 of Schedule 6 to a marine plan— |
| |
(a) | the Secretary of State is to give notice of that decision to the marine plan |
| |
| 15 |
(b) | within 7 days of receiving that notice, the marine plan authority must |
| |
publish notice of the withdrawal of the marine plan in each appropriate |
| |
| |
(c) | the marine plan is withdrawn as from the date on which the notice is so |
| |
| 20 |
(5) | Where a marine plan is withdrawn under this section, the marine plan |
| |
authority must take such further steps as it considers appropriate to secure that |
| |
the withdrawal of the marine plan is brought to the attention of interested |
| |
| |
| 25 |
“appropriate Gazette” means— |
| |
(a) | the London Gazette, if the marine plan is for a marine plan area |
| |
in the English inshore region or the Welsh inshore region; |
| |
(b) | in any other case, each of the Gazettes; |
| |
| 30 |
| |
(b) | the Edinburgh Gazette; and |
| |
| |
“interested persons” means— |
| |
(a) | any persons appearing to the marine plan authority to be likely |
| 35 |
to be interested in, or affected by, the withdrawal of the marine |
| |
| |
(b) | members of the general public. |
| |
54 | Duty to keep relevant matters under review |
| |
(1) | A marine plan authority must keep under review the matters which may be |
| 40 |
expected to affect the exercise of its functions relating to— |
| |
(a) | the identification of areas which are to be marine plan areas, and |
| |
(b) | the preparation, adoption, review, amendment or withdrawal of |
| |
marine plans for those areas. |
| |
| The reference in paragraph (b) to review is a reference to the functions of the |
| 45 |
marine plan authority under section 61. |
| |
| |
| |
|
| |
| |
| |
(a) | the physical, environmental, social, cultural and economic |
| |
characteristics of the authority’s region and of the living resources |
| |
which the region supports; |
| |
(b) | the purposes for which any part of the region is used; |
| 5 |
(c) | the communications, energy and transport systems of the region; |
| |
(d) | any other considerations which may be expected to affect those |
| |
| |
(3) | The matters also include— |
| |
(a) | any changes which could reasonably be expected to occur in relation to |
| 10 |
| |
(b) | the effect that any such changes may have in relation to the sustainable |
| |
development of the region, its natural resources, or the living resources |
| |
| |
(4) | The reference in subsection (2)(a) to the cultural characteristics of the |
| 15 |
authority’s region includes a reference to characteristics of that region which |
| |
are of a historic or archaeological nature. |
| |
| |
Delegation of functions relating to marine plans |
| |
55 | Delegation of functions relating to marine plans |
| 20 |
(1) | A marine plan authority may give directions under this section. |
| |
(2) | A direction under this section is a direction which— |
| |
(a) | designates any of the delegable marine plan functions which would |
| |
(apart from directions under this section) be exercisable by or in |
| |
relation to the authority, and |
| 25 |
(b) | directs that those functions, instead of being so exercisable, are to be |
| |
exercisable by or in relation to such public body, acting on behalf of the |
| |
authority, as is designated in the direction. |
| |
(3) | An authority which gives a direction under this section may do so only with |
| |
the consent of the public body. |
| 30 |
| |
(a) | must comply with the direction, and |
| |
(b) | is to be taken to have all the powers necessary to do so. |
| |
(5) | In this section “delegable marine plan functions” means— |
| |
(a) | functions under Chapter 2 of this Part (marine plans), and |
| 35 |
(b) | functions under section 61 (monitoring etc of implementation), |
| |
| other than excepted functions. |
| |
(6) | The “excepted functions” are the following functions of a marine plan |
| |
| |
(a) | deciding under paragraph 15 of Schedule 6 whether to publish a |
| 40 |
marine plan or any amendment of a marine plan; |
| |
(b) | deciding under section 53 whether to withdraw a marine plan. |
| |
| |
| |
|
| |
| |
(7) | No direction may be given under this section in respect of any of the following |
| |
functions of the Secretary of State— |
| |
(a) | deciding under paragraph 5 of Schedule 6 whether to give agreement |
| |
to a statement of public participation; |
| |
(b) | deciding under paragraph 7 of that Schedule whether to give |
| 5 |
agreement to a revised statement of public participation; |
| |
(c) | deciding under paragraph 11 of that Schedule whether to give |
| |
agreement to a consultation draft; |
| |
(d) | deciding under paragraph 15 of that Schedule whether to give |
| |
agreement to a marine plan; |
| 10 |
(e) | deciding under section 53 whether to withdraw agreement previously |
| |
given under that paragraph to a marine plan. |
| |
56 | Directions under section 55: supplementary provisions |
| |
(1) | An authority which gives a direction under section 55 must publish the |
| |
direction in a way calculated to bring the direction to the attention of persons |
| 15 |
likely to be interested in or affected by it. |
| |
(2) | For so long as a direction given and published under that section remains in |
| |
force, the designated functions are exercisable by or in relation to the public |
| |
body acting on behalf of the authority (and are not exercisable by or in relation |
| |
| 20 |
(3) | Subsection (2) is subject to any provision to the contrary which— |
| |
(a) | is made by the direction, or |
| |
(b) | is included in a direction under section 57. |
| |
(4) | A direction under section 55 may include— |
| |
(a) | such terms or conditions, |
| 25 |
(b) | such obligations or requirements, |
| |
(c) | such financial provisions, |
| |
| as the authority giving the direction may determine. |
| |
(5) | Directions under section 55 may make different provision for different cases, |
| |
different areas or different public bodies. |
| 30 |
57 | Directions to public bodies as regards performance of delegated functions |
| |
(1) | This section applies where any functions are exercisable by or in relation to a |
| |
public body by virtue of a direction given under section 55 by an authority. |
| |
(2) | The authority may from time to time give directions to the public body with |
| |
respect to the performance of the functions. |
| 35 |
(3) | Before giving any such directions, the authority must consult the public body. |
| |
(4) | A public body to which directions are given under this section must comply |
| |
| |
(5) | An authority which gives a direction under this section must publish the |
| |
direction in a manner likely to bring the direction to the attention of persons |
| 40 |
likely to be interested in or affected by it. |
| |
| |
| |
|
| |
| |
| |
Implementation and effect |
| |
Decisions affected by an MPS or marine plan |
| |
58 | Decisions affected by marine policy documents |
| |
(1) | A public authority must take any authorisation or enforcement decision in |
| 5 |
accordance with the appropriate marine policy documents, unless relevant |
| |
considerations indicate otherwise. |
| |
(2) | If a public authority takes an authorisation or enforcement decision otherwise |
| |
than in accordance with the appropriate marine policy documents, the public |
| |
authority must state its reasons. |
| 10 |
(3) | A public authority must have regard to the appropriate marine policy |
| |
documents in taking any decision— |
| |
(a) | which relates to the exercise of any function capable of affecting the |
| |
whole or any part of the UK marine area, but |
| |
(b) | which is not an authorisation or enforcement decision. |
| 15 |
(4) | An “authorisation or enforcement decision” is any of the following— |
| |
(a) | the determination of any application (whenever made) for |
| |
authorisation of the doing of any act which affects or might affect the |
| |
whole or any part of the UK marine area, |
| |
(b) | any decision relating to any conditions of such an authorisation, |
| 20 |
(c) | any decision about extension, replacement, variation, revocation or |
| |
withdrawal of any such authorisation or any such conditions |
| |
(whenever granted or imposed), |
| |
(d) | any decision relating to the enforcement of any such authorisation or |
| |
| 25 |
(e) | any decision relating to the enforcement of any prohibition or |
| |
restriction (whenever imposed) on the doing of any act, or of any act of |
| |
any description, falling within paragraph (a), |
| |
| but does not include any decision on an application for an order granting |
| |
development consent under the Planning Act 2008 (c. 29) (in relation to which |
| 30 |
subsection (3) has effect accordingly). |
| |
(5) | In section 104(2) of the Planning Act 2008 (matters to which Panel or Council |
| |
must have regard in deciding application for order granting development |
| |
consent) after paragraph (a) insert— |
| |
“(aa) | the appropriate marine policy documents (if any), determined |
| 35 |
in accordance with section 59 of the Marine and Coastal Access |
| |
| |
| |
| |
“appropriate marine policy document” is to be read in accordance with |
| 40 |
| |
“authorisation” means any approval, confirmation, consent, licence, |
| |
permission or other authorisation (however described), whether |
| |
| |
| |
| |
|
