|
| |
| |
59 | The appropriate marine policy documents |
| |
(1) | This section has effect for the purpose of determining what are the appropriate |
| |
marine policy documents for a public authority taking a decision falling within |
| |
subsection (1) or (3) of section 58. |
| |
| 5 |
(a) | subsection (3) has effect, subject to subsection (4), for determining |
| |
whether any marine plan is an appropriate marine policy document, |
| |
| |
(b) | subsection (5) has effect for determining whether an MPS is an |
| |
appropriate marine policy document. |
| 10 |
(3) | To the extent that the decision relates to a marine plan area, any marine plan |
| |
which is in effect for that area is an appropriate marine policy document. |
| |
(4) | A marine plan for an area in a devolved marine planning region is an |
| |
appropriate marine policy document in relation to the exercise of retained |
| |
functions by a public authority only if— |
| 15 |
(a) | it contains a statement under section 51(8) that it includes provision |
| |
relating to retained functions, |
| |
(b) | it was adopted with the agreement of the Secretary of State under |
| |
paragraph 15(2) of Schedule 6, and |
| |
(c) | it was prepared and adopted at a time when an MPS was in effect which |
| 20 |
governed marine planning for the marine planning region. |
| |
(5) | Any MPS which is in effect is an appropriate marine policy document for each |
| |
of the following public authorities— |
| |
(a) | any Minister of the Crown; |
| |
(b) | any government department; |
| 25 |
(c) | if a devolved policy authority has adopted the MPS, the devolved |
| |
policy authority and any primary devolved authority related to it; |
| |
(d) | any non-departmental public authority, so far as carrying out functions |
| |
in relation to the English inshore region or the English offshore region; |
| |
(e) | any non-departmental public authority, so far as carrying out retained |
| 30 |
functions in relation to a devolved marine planning region; |
| |
(f) | any non-departmental public authority, so far as carrying out |
| |
secondary devolved functions in relation to a marine planning region |
| |
whose marine plan authority is a policy authority which adopted the |
| |
| 35 |
(6) | For the purposes of subsection (5)(f)— |
| |
(a) | the Scottish Ministers are to be treated as if they were the marine plan |
| |
authority for the Scottish inshore region, and |
| |
(b) | the Department of the Environment in Northern Ireland is to be treated |
| |
as if it were the marine plan authority for the Northern Ireland inshore |
| 40 |
| |
| |
“adopted”, in relation to an MPS, means adopted and published in |
| |
accordance with Schedule 5 (but see also section 48(4)); |
| |
“Counsel General” means the Counsel General to the Welsh Assembly |
| 45 |
| |
“devolved marine planning region” means any marine planning region |
| |
| |
| |
| |
|
| |
| |
(a) | the English inshore region, and |
| |
(b) | the English offshore region; |
| |
“devolved policy authority” means— |
| |
(a) | the Scottish Ministers; |
| |
| 5 |
(c) | the Department of the Environment in Northern Ireland; |
| |
“First Minister” has the same meaning as in the Government of Wales Act |
| |
| |
“non-departmental public authority” means any public authority other |
| |
| 10 |
(a) | a Minister of the Crown or government department; |
| |
(b) | the Scottish Ministers; |
| |
(c) | the Welsh Ministers, the First Minister or the Counsel General; |
| |
(d) | a Northern Ireland Minister or a Northern Ireland department; |
| |
“Northern Ireland Minister”— |
| 15 |
(a) | has the same meaning as in the Northern Ireland Act 1998 |
| |
| |
(b) | includes a reference to the First Minister and the deputy First |
| |
Minister, within the meaning of that Act; |
| |
“primary devolved authority”, in relation to a devolved policy authority, |
| 20 |
| |
(a) | in the case of the Welsh Ministers, the First Minister or the |
| |
| |
(b) | in the case of the Department of the Environment in Northern |
| |
Ireland, a Northern Ireland Minister or a Northern Ireland |
| 25 |
| |
“retained functions” is defined for the purposes of this Part in section 60; |
| |
“secondary devolved functions” has the same meaning as in section 60. |
| |
60 | Meaning of “retained functions” etc |
| |
(1) | For the purposes of this Part, the functions of a public authority which are |
| 30 |
“retained functions” as respects any marine planning region are those |
| |
functions of the public authority which, as respects that region, are not any of |
| |
| |
(a) | Scottish Ministerial functions (see subsection (2)); |
| |
(b) | Welsh Ministerial functions (see subsection (2)); |
| 35 |
(c) | Northern Ireland government functions (see subsection (2)); |
| |
(d) | secondary devolved functions (see subsection (3)); |
| |
(e) | relevant ancillary functions (see subsection (5)). |
| |
| |
“Northern Ireland government functions” means— |
| 40 |
(a) | any functions exercisable by a Northern Ireland Minister or a |
| |
Northern Ireland department, other than joint functions and |
| |
concurrent functions (see subsection (9)); |
| |
(b) | any concurrent functions, so far as exercised by a Northern |
| |
Ireland Minister or a Northern Ireland department; |
| 45 |
(c) | the function exercised by a Northern Ireland Minister or a |
| |
Northern Ireland department when exercising a joint function; |
| |
| |
| |
|
| |
| |
“Scottish Ministerial functions” means— |
| |
(a) | any functions exercisable by the Scottish Ministers, other than |
| |
joint functions and concurrent functions; |
| |
(b) | any concurrent functions, so far as exercised by the Scottish |
| |
| 5 |
(c) | the function exercised by the Scottish Ministers when exercising |
| |
| |
“Welsh Ministerial functions” means— |
| |
(a) | any functions exercisable by the Welsh Ministers, the First |
| |
Minister or the Counsel General, other than joint functions and |
| 10 |
| |
(b) | any concurrent functions, so far as exercised by the Welsh |
| |
Ministers, the First Minister or the Counsel General; |
| |
(c) | the function exercised by the Welsh Ministers, the First Minister |
| |
or the Counsel General when exercising a joint function. |
| 15 |
(3) | “Secondary devolved functions” means— |
| |
(a) | as respects the Scottish inshore region or the Scottish offshore region, |
| |
any secondary devolved Scottish functions; |
| |
(b) | as respects the Welsh inshore region or the Welsh offshore region, any |
| |
secondary devolved Welsh functions; |
| 20 |
(c) | as respects the Northern Ireland inshore region or the Northern Ireland |
| |
offshore region, any secondary devolved Northern Ireland functions. |
| |
| See subsection (4) for the definition of each of those descriptions of secondary |
| |
| |
| 25 |
“secondary devolved Northern Ireland functions” means any of the |
| |
| |
(a) | any functions exercisable by a Northern Ireland non- |
| |
departmental public authority; |
| |
(b) | any functions exercisable by any other non-departmental public |
| 30 |
authority, so far as relating to transferred or reserved matters |
| |
(within the meaning of the Northern Ireland Act 1998 (c. 47)); |
| |
“secondary devolved Scottish functions” means any of the following— |
| |
(a) | any functions exercisable by a Scottish non-departmental public |
| |
| 35 |
(b) | any functions exercisable by any other non-departmental public |
| |
authority, so far as not relating to reserved matters (within the |
| |
meaning of the Scotland Act 1998 (c. 46)); |
| |
“secondary devolved Welsh functions” means any of the following— |
| |
(a) | any functions exercisable by a Welsh non-departmental public |
| 40 |
| |
(b) | any functions conferred or imposed on a non-departmental |
| |
public authority by or under a Measure or Act of the National |
| |
| |
(c) | any functions exercisable by a non-departmental public |
| 45 |
authority, so far as relating to matters within the legislative |
| |
competence of the National Assembly for Wales; |
| |
| but the definitions in this subsection are subject to subsection (6) (which |
| |
excludes certain functions in relation to which functions are exercisable by a |
| |
Minister of the Crown or government department). |
| 50 |
| |
| |
|
| |
| |
(5) | “Relevant ancillary functions” means any functions exercisable by a non- |
| |
departmental public authority in relation to any of the following— |
| |
(a) | a Scottish Ministerial function; |
| |
(b) | a Welsh Ministerial function; |
| |
(c) | a Northern Ireland government function; |
| 5 |
(d) | a secondary devolved function; |
| |
| but this subsection is subject to subsection (6). |
| |
(6) | Where functions are exercisable by a Minister of the Crown or government |
| |
department in relation to a function of a non-departmental public authority, |
| |
the function of the non-departmental public authority is not— |
| 10 |
(a) | a secondary devolved Scottish function; |
| |
(b) | a secondary devolved Welsh function; |
| |
(c) | a secondary devolved Northern Ireland function; |
| |
(d) | a relevant ancillary function; |
| |
| but this subsection is subject to subsection (7). |
| 15 |
(7) | Functions are not to be regarded as exercisable by a Minister of the Crown or |
| |
government department in relation to functions of a non-departmental public |
| |
authority merely because— |
| |
(a) | the agreement of a Minister of the Crown or government department is |
| |
required to the exercise of a function of the non-departmental public |
| 20 |
| |
(b) | a Minister of the Crown or government department must be consulted |
| |
by the non-departmental public authority, or by a primary devolved |
| |
authority, about the exercise of a function of the non-departmental |
| |
| 25 |
(c) | a Minister of the Crown or government department may exercise |
| |
functions falling within subsection (8) in relation to functions of the |
| |
non-departmental public authority. |
| |
(8) | The functions mentioned in subsection (7)(c) are— |
| |
(a) | functions under section 2(2) of the European Communities Act 1972 |
| 30 |
| |
(b) | functions by virtue of section 57(1) of the Scotland Act 1998 (c. 46) |
| |
(Community obligations) or under section 58 of that Act (international |
| |
| |
(c) | functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) |
| 35 |
(international obligations and quotas for international obligations); |
| |
(d) | functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, |
| |
the Government of Wales Act 2006 (c. 32) (Community obligations) or |
| |
under section 82 of that Act (international obligations etc); |
| |
(e) | functions under section 152 of that Act (intervention in case of functions |
| 40 |
| |
| |
“concurrent function” means a function exercisable concurrently with a |
| |
Minister of the Crown or government department; |
| |
“Counsel General” means the Counsel General to the Welsh Assembly |
| 45 |
| |
“devolved policy authority” means— |
| |
(a) | the Scottish Ministers; |
| |
| |
| |
| |
|
| |
| |
(c) | the Department of the Environment in Northern Ireland; |
| |
“First Minister” has the same meaning as in the Government of Wales Act |
| |
| |
“joint function” means a function exercisable jointly with a Minister of the |
| |
Crown or government department; |
| 5 |
“non-departmental public authority” has the same meaning as in section |
| |
| |
“Northern Ireland Minister”— |
| |
(a) | has the same meaning as in the Northern Ireland Act 1998 |
| |
| 10 |
(b) | includes a reference to the First Minister and the deputy First |
| |
Minister, within the meaning of that Act; |
| |
“Northern Ireland non-departmental public authority” means any non- |
| |
departmental public authority so far as exercising functions in relation |
| |
to which functions are exercisable by a Northern Ireland Minister or a |
| 15 |
Northern Ireland department; |
| |
“primary devolved authority” means any of the following— |
| |
(a) | the Scottish Ministers; |
| |
(b) | the Welsh Ministers, the First Minister or the Counsel General; |
| |
(c) | a Northern Ireland Minister or a Northern Ireland department; |
| 20 |
“Scottish non-departmental public authority” means any non- |
| |
departmental public authority so far as exercising functions in relation |
| |
to which functions are exercisable by the Scottish Ministers; |
| |
“Welsh non-departmental public authority” means any non- |
| |
departmental public authority so far as exercising functions in relation |
| 25 |
to which functions are exercisable by the Welsh Ministers, the First |
| |
Minister or the Counsel General. |
| |
| |
61 | Monitoring of, and periodical reporting on, implementation |
| |
(1) | This section makes provision for and in connection with imposing the |
| 30 |
following duties on a marine plan authority— |
| |
(a) | where it has prepared and adopted a marine plan, a duty to keep the |
| |
matters specified in subsection (3) under review for so long as the |
| |
marine plan is in effect (see subsections (2) and (3)); |
| |
(b) | in any such case, a duty to prepare and publish, and lay a copy of, a |
| 35 |
report on those matters at intervals of not more than 3 years (see |
| |
| |
(c) | in any case, a duty to prepare, and lay, at intervals of not more than 6 |
| |
years ending before 1st January 2030, a report on— |
| |
(i) | any marine plans it has prepared and adopted, |
| 40 |
(ii) | its intentions for their amendment, and |
| |
(iii) | its intentions for the preparation and adoption of any further |
| |
| |
| (see subsections (10) to (13)). |
| |
(2) | For so long as a marine plan is in effect, the marine plan authority must keep |
| 45 |
under review each of the matters in subsection (3). |
| |
| |
| |
| |
|
| |
| |
(a) | the effects of the policies in the marine plan; |
| |
(b) | the effectiveness of those policies in securing that the objectives for |
| |
which the marine plan was prepared and adopted are met; |
| |
(c) | the progress being made towards securing those objectives; |
| |
(d) | if an MPS governs marine planning for the marine plan authority’s |
| 5 |
region, the progress being made towards securing that the objectives |
| |
for which the MPS was prepared and adopted are met in that region. |
| |
(4) | The marine plan authority must from time to time prepare and publish a report |
| |
on the matters kept under review pursuant to subsection (2). |
| |
(5) | Where the marine plan authority publishes a report under subsection (4), the |
| 10 |
authority must lay a copy of the report before the appropriate legislature. |
| |
(6) | After publishing a report under subsection (4), the marine plan authority must |
| |
decide whether or not to amend or replace the marine plan. |
| |
(7) | The first report under subsection (4) must be published before the expiration |
| |
of 3 years beginning with the date on which the marine plan was adopted. |
| 15 |
(8) | After the publication of the first report under subsection (4), successive reports |
| |
under that subsection must be published at intervals of no more than 3 years |
| |
following the date of publication of the previous report. |
| |
(9) | Any reference in this section to the replacement of a marine plan is a reference |
| |
| 20 |
(a) | preparing and adopting, in accordance with the provisions of this Part, |
| |
a fresh marine plan (whether or not for the identical marine plan area), |
| |
| |
(b) | if the marine plan authority has not already done so, withdrawing the |
| |
marine plan that is to be replaced. |
| 25 |
(10) | Each marine plan authority must from time to time prepare and lay before the |
| |
appropriate legislature a report which— |
| |
(a) | identifies any marine plans which the authority has prepared and |
| |
| |
(b) | describes any intentions the authority may have for the amendment of |
| 30 |
any marine plans which it has prepared and adopted; |
| |
(c) | describes any intentions the authority may have for the preparation |
| |
and adoption of any further marine plans. |
| |
(11) | The first report prepared under subsection (10) by each marine plan authority |
| |
must be laid before the appropriate legislature before the expiration of the |
| 35 |
period of 6 years beginning with the date of the passing of this Act. |
| |
(12) | After a marine plan authority has prepared and laid its first report under |
| |
subsection (10), it must prepare and lay successive reports under that |
| |
subsection at intervals of no more than 6 years following the laying of the |
| |
| 40 |
(13) | No report under subsection (10) is required to be laid in a case where the period |
| |
of 6 years following the laying of the previous report ends on or after 1st |
| |
| |
(14) | For the purposes of this section, the “appropriate legislature” is— |
| |
(a) | in the case of the Secretary of State, Parliament; |
| 45 |
(b) | in the case of the Scottish Ministers, the Scottish Parliament; |
| |
| |
| |
|
| |
| |
(c) | in the case of the Welsh Ministers, the National Assembly for Wales; |
| |
(d) | in the case of the Department of the Environment in Northern Ireland, |
| |
the Northern Ireland Assembly. |
| |
| |
Miscellaneous and general provisions |
| 5 |
Validity of documents under this Part |
| |
62 | Validity of marine policy statements and marine plans |
| |
(1) | This section applies to— |
| |
| |
(b) | any amendment of an MPS, |
| 10 |
| |
(d) | any amendment of a marine plan. |
| |
(2) | Anything falling within the paragraphs of subsection (1) is referred to in this |
| |
section as a “relevant document”. |
| |
(3) | A relevant document must not be questioned in any legal proceedings, except |
| 15 |
in so far as is provided by the following provisions of this section. |
| |
(4) | A person aggrieved by a relevant document may make an application to the |
| |
appropriate court on any of the following grounds— |
| |
(a) | that the document is not within the appropriate powers; |
| |
(b) | that a procedural requirement has not been complied with. |
| 20 |
(5) | Any such application must be made not later than 6 weeks after the publication |
| |
of the relevant document. |
| |
| |
“the appropriate court” means— |
| |
(a) | the High Court, if the relevant document is a marine plan, or an |
| 25 |
amendment of a marine plan, for an area within the English |
| |
inshore region or the Welsh inshore region; |
| |
(b) | in any other case, any superior court in the United Kingdom; |
| |
“the appropriate powers” means— |
| |
(a) | in the case of an MPS or an amendment of an MPS, the powers |
| 30 |
conferred by Chapter 1 of this Part; |
| |
(b) | in the case of a marine plan or an amendment of a marine plan, |
| |
| |
(i) | Chapter 2 of this Part, or |
| |
(ii) | section 55 (delegation); |
| 35 |
“procedural requirement” means any requirement— |
| |
(a) | under the appropriate powers, or |
| |
(b) | in directions under section 55 or 57, |
| |
which relates to the preparation, adoption or publication of a relevant |
| |
| 40 |
“superior court in the United Kingdom” means any of the following— |
| |
| |
| |
| |
|
