Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
319

(c)
the objection does not specify the grounds on which it is
made, or
(d)
the objection was not made within the period allowed for
making it.
     (1B)
Before deciding the application under paragraph 19, the
5
appropriate authority may—
(a)
cause an inquiry to be held, or
(b)
give to the person who made the objection an opportunity
of appearing before, and being heard by, a person
appointed by the appropriate authority.
10
     (1C)
If the objection—
(a)
was made by the Welsh Ministers to the Secretary of State,
and
(b)
is not an objection regarding compulsory acquisition of a
parcel of land,
15

the Secretary of State must cause an inquiry to be held under sub-
paragraph (1B)(a).
     (1D)
If, in a case where sub-paragraph (1C) does not apply,—
(a)
the objection was made by a person within sub-paragraph
(1E), and
20
(b)
that person makes a request in writing to the appropriate
authority that the objection be referred to an inquiry or
dealt with in accordance with sub-paragraph (1B)(b),

the appropriate authority must either cause an inquiry to be held
under sub-paragraph (1B)(a) or cause the objection to be dealt
25
with in accordance with sub-paragraph (1B)(b), as the appropriate
authority may determine.
     (1E)
The persons within this sub-paragraph are—
(a)
in the case of an application to the Secretary of State, the
Welsh Ministers;
30
(b)
any local authority for an area in which the harbour (or any
part of it) is situated;
(c)
the relevant conservation body;
(d)
if the order will authorise the compulsory acquisition of
land, any person who is entitled to be served with notice
35
under paragraph 11.”.
      (3)
In sub-paragraph (2)—
(a)
for “sub-paragraph (1)(a)” substitute “sub-paragraph (1B)(b)”,
(b)
for “Secretary of State” substitute “appropriate authority”, and
(c)
for “he” substitute “the authority”.
40
      (4)
In sub-paragraph (3)—
(a)
for “Secretary of State” substitute “appropriate authority”,
(b)
omit paragraph (a), and
(c)
in paragraph (b), for “he” substitute “the appropriate authority”.
      (5)
After sub-paragraph (3) insert—
45
    “(4)
In this paragraph—

Marine and Coastal Access Bill [HL]
Schedule 21 — Amendments of the Harbours Act 1964
320

“the appropriate authority” means—
(a)
in a case where the application was made to the
Secretary of State, the Secretary of State;
(b)
in a case where the application was made to the
Welsh Ministers, the Welsh Ministers;
5
“local authority” means—
(a)
in England, a county council, a district council, a
London borough council, the Common Council of
the City of London, the Council of the Isles of Scilly,
a parish council and a parish meeting of a parish
10
not having a separate parish council, and
(b)
in Wales, a county council, a county borough
council and a community council;
“the relevant conservation body” means—
(a)
if the harbour (or any part of it) is situated in
15
England, Natural England, and
(b)
if the harbour (or any part of it) is situated in Wales,
the Countryside Council for Wales.”.
Procedure where harbour revision orders are made otherwise than on application
6     (1)
For paragraph 28 of Schedule 3 (inquiry to be held in most cases where an
20
objection is made) substitute—
“28   (1)
This paragraph applies if an objection to the proposal was made to
the proposing authority and has not been withdrawn.
      (2)
This paragraph does not apply if—
(a)
the proposing authority decides that the proposal is not to
25
proceed further,
(b)
the proposing authority considers that the objection is
frivolous or trivial,
(c)
the objection does not specify the grounds on which it is
made, or
30
(d)
the objection was not made within the period allowed for
making it.
      (3)
Before deciding the application under paragraph 29, the
proposing authority may—
(a)
cause an inquiry to be held, or
35
(b)
give to the person who made the objection an opportunity
of appearing before, and being heard by, a person
appointed by the proposing authority.
      (4)
If the objection was made by the Welsh Ministers to the Secretary
of State, the Secretary of State must cause an inquiry to be held
40
under sub-paragraph (3)(a).
      (5)
Where—
(a)
the objection was made by a person within sub-paragraph
(6), and
(b)
that person makes a request in writing to the proposing
45
authority that the objection be referred to an inquiry or
dealt with in accordance with sub-paragraph (3)(b),

Marine and Coastal Access Bill [HL]
Schedule 22 — Repeals
Part 1 — EEZ, UK marine area and Welsh zone
321


the proposing authority must either cause an inquiry to be held
under sub-paragraph (3)(a) or cause the objection to be dealt with
in accordance with sub-paragraph (3)(b), as the proposing
authority may determine.
      (6)
The persons within this sub-paragraph are—
5
(a)
any local authority for an area in which the harbour (or any
part of it) is situated, and
(b)
the relevant conservation body.
      (7)
Where an objector is heard in accordance with sub-paragraph
(3)(b), the proposing authority must allow such other persons as
10
the proposing authority thinks appropriate to be heard on the
same occasion.
      (8)
In this paragraph—
“local authority” has the same meaning as in paragraph 18;
“the proposing authority” means—
15
(a)
the Secretary of State, in a case where it is the
Secretary of State who proposes to make a harbour
revision order;
(b)
the Welsh Ministers, in a case where it is the Welsh
Ministers who propose to make a harbour revision
20
order;
“the relevant conservation body” has the same meaning as in
paragraph 18.”.
      (2)
In paragraph 29 of that Schedule (decision on harbour revision order
proposed by Secretary of State), in sub-paragraph (1)(b), after “inquiry”
25
insert “and of any person appointed for the purpose of hearing an objector”.
Application of paragraphs 5 and 6
7
The amendments made by paragraphs 5 and 6 apply to objections made on
or after the date on which those amendments come into force.
Schedule 22
30
Section 316

Repeals
Part 1
EEZ, UK marine area and Welsh zone

Short title and chapter
Extent of repeal

Fishery Limits Act 1976 (c. 86)
Section 1(3) and (4).

35

Government of Wales Act 2006
In section 158(1), the word “and” preceding the

(c. 32)
definition of “Wales”.

Marine and Coastal Access Bill [HL]
Schedule 22 — Repeals
Part 2 — Marine licensing
322

Part 2
Marine licensing

Short title and chapter
Extent of repeal

Coast Protection Act 1949 (c. 74)
Part 2.

Section 47(a), (b) and (d).

5

Section 49(2A).

Telecommunications Act 1984
In Schedule 2, in paragraph 11—

(c. 12)
(a)
sub-paragraphs (3) to (10);

(b)
in sub-paragraph (11), the definition of

“remedial works”.

10

Food and Environment
In section 5—

Protection Act 1985 (c. 48)
(a)
paragraph (b);

(b)
in paragraph (e), sub-paragraph (ii) and

the “or” preceding that sub-paragraph.

In section 6(1)(a), sub-paragraph (ii) and the

15

“or” preceding it.

Section 7A(5).

In section 8(6), the words “evidence, and in

Scotland”.

Section 9(5) to (7).

20

Section 21(8).

In section 24(1)—

(a)
the definitions of “adjacent to Scotland”,

“Gas Importation and Storage Zone”,

“United Kingdom waters” and “United

25

Kingdom controlled waters”;

(b)
in the definition of “licensing authority”,

paragraph (a) and, in paragraph (b)(iii),

the words from “and the functions” to

the end.

30

Section 24(2A).

Sections 25(3) and 26.

Merchant Shipping Act 1988
Section 36.

(c. 12)

Environmental Protection Act
Section 146(2) to (5) and (7).

35

1990 (c. 43)

Government of Wales Act 2006
In Schedule 3, paragraph 4(1)(a).

(c. 32)

Planning Act 2008 (c. 29)
Sections 148 and 149.

In Schedule 5, paragraphs 27 to 30.

40

The repeals in the Coast Protection Act 1949 (c. 74) and the Merchant
Shipping Act 1988 extend to England and Wales only.

Marine and Coastal Access Bill [HL]
Schedule 22 — Repeals
Part 4 — Management of inshore fisheries
323

Part 3
Nature conservation

Short title and chapter
Extent of repeal

Wildlife and Countryside Act
Sections 36 and 37.

1981 (c. 69)
In section 67(2), “36”.

5

Schedule 12.

Territorial Sea Act 1987 (c. 49)
Section 3(2)(b).

In Schedule 1, paragraph 6.

Water Act 1989 (c. 15)
In Schedule 25, paragraph 66(2).

Local Government (Wales) Act
In Schedule 16, paragraph 65(4) and (10).

10

1994 (c. 19)

Part 4
Management of inshore fisheries

Short title and chapter
Extent of repeal

Coast Protection Act 1949 (c. 74)
In section 2—

15

(a)
in subsection (2)(b), “local fisheries

committee,”;

(b)
in subsection (8)(a), “or local fisheries

committee,”.

In section 45(1)(b), “local fisheries committee,”.

20

In section 49(1), the definition of “local fisheries

committee”.

In Part 1 of the First Schedule, in paragraph 1(b),

“local fisheries committee,”.

Nuclear Installations Act 1965
In section 3(3)(b), the words “or any local

25

(c. 57)
fisheries committee”.

Sea Fisheries Regulation Act
The whole Act.

1966 (c. 38)

Sea Fisheries (Shellfish) Act
In Schedule 2, the entry for the Sea Fisheries

1967 (c. 83)
Regulation Act 1966.

30

Sea Fish (Conservation) Act
In section 3(7), the words from “or in any

1967 (c. 84)
byelaw” to “the Sea Fisheries Regulation Act

1966,”.

Section 13.

In section 16—

35

(a)
paragraph (d) of subsection (1) (but not

the “and” following that paragraph);

(b)
subsection (2).

Section 17.

In section 22(1), the definition of “local fisheries

40

committee”.

Prevention of Oil Pollution Act
Section 19(6).

1971 (c. 60)

Marine and Coastal Access Bill [HL]
Schedule 22 — Repeals
Part 4 — Management of inshore fisheries
324

Short title and chapter
Extent of repeal

Local Government Act 1972
Section 101(9)(d).

(c. 70)

Local Government Act 1974
In section 31A(3), paragraph (b) (but not the

(c. 7)
“or” following that paragraph).

5

Fishery Limits Act 1976 (c. 86)
In Schedule 1, paragraph 1.

Fisheries Act 1981 (c. 29)
In Schedule 4, paragraph 10.

Wildlife and Countryside Act
In section 27(1), in paragraph (c) of the

1981 (c. 69)
definition of “authorised person”, the words

“or a local fisheries committee constituted

10

under the Sea Fisheries Regulation Act 1966”.

Local Government Act 1985
In Schedule 8, paragraph 19.

(c. 51)

Salmon Act 1986 (c. 62)
Section 37.

Water Act 1989 (c. 15)
In Schedule 17—

15

(a)
paragraph 1(4)(a);

(b)
paragraph 5.

Local Government and Housing
In section 5—

Act 1989 (c. 42)
(a)
subsection (4);

(b)
in subsection (5)—

20

(a)
the words “and of any such

committee as is mentioned in

subsection (4) above”;

(b)
in paragraph (a), the words “or

committee”;

25

(c)
in subsection (8), the word “and” at the

end of the definition of “chief finance

officer”.

Section 13(4)(b).

In Schedule 1, paragraph 2(1)(d).

30

Water Consolidation
In Schedule 1, paragraph 16.

(Consequential Provisions)

Act 1991 (c. 60)

Sea Fisheries (Wildlife
In section 1—

Conservation) Act 1992
(a)
in subsection (1), the words “or any

35

(c. 36)
relevant body”;

(b)
in subsection (2), the definition of

“relevant body”.

Radioactive Substances Act
In section 47(1), in the definition of “relevant

1993 (c. 12)
water body”, the words “or a local fisheries

40

committee”.

In Schedule 3, paragraph 3.

Local Government (Wales) Act
In Schedule 16, paragraph 26.

1994 (c. 19)

Environment Act 1995 (c. 25)
Section 102.

45

Marine and Coastal Access Bill [HL]
Schedule 22 — Repeals
Part 5 — Fisheries
325

Short title and chapter
Extent of repeal

Environment Act 1995 (c. 25)—
In Schedule 15—

cont.
(a)
paragraph 2(4)(a);

(b)
paragraph 5;

(c)
paragraph 24.

5

Freedom of Information Act
In Schedule 1, paragraph 35A.

2000 (c. 36)

Natural Environment and Rural
In Schedule 11, paragraph 38.

Communities Act 2006 (c. 16)

Regulatory Enforcement and
In Schedules 3, 6 and 7, the entry relating to the

10

Sanctions Act 2008 (c. 13)
Sea Fisheries Regulation Act 1966 (c. 38).

In Schedule 5, the entry relating to local fisheries

committees.


The repeal of any enactment by Part 4 of this Schedule has the same extent
as the enactment repealed.
15
Part 5
Fisheries
(A) Repeals relating to Chapters 1 and 2 of Part 7

Short title and chapter
Extent of repeal

Sea Fisheries (Shellfish) Act
Section 1(4).

20

1967 (c. 83)
In section 4(7), “, is subsequently convicted of

another such offence”.

In Schedule 1, paragraphs 4(1) and 5.

Sea Fish (Conservation) Act
In section 11(1)—

1967 (c. 84)
(a)
paragraph (b);

25

(b)
in paragraph (c), “1, 2,” and “, 6(5) or

(5A)(b)”.

In section 15(2C), paragraph (b) and the word

“or” preceding it.

Sea Fisheries Act 1968 (c. 77)
Section 15(2).

30

Fisheries Act 1981 (c. 29)
Section 19(2)(c).

In section 22—

(a)
subsection (2)(a);

(b)
subsection (3).

Section 28.

35

Sea Fish (Conservation) Act
In section 5, paragraph (b).

1992 (c. 60)

Criminal Justice and Public
In Part 1 of Schedule 8, the entries relating to

Order Act 1994 (c. 33)
sections 3(3) and 7(4) of the Sea Fisheries

(Shellfish) Act 1967.

40

Merchant Shipping Act 1995
In Schedule 13, paragraph 38(a) and (b).

(c. 21)