1.By letter dated 3 March 2021, the Joint Committee on Statutory Instruments has requested a Memorandum on the following points:
(1) In articles 34 and 35, explain the meaning of “appropriate interest”
(2) Having regard to Schedule 1 to the Interpretation Act 1978, explain what the expression “person or body” in article 40(2) achieves that could not be achieved by “person” alone.
2.In articles 34 and 35 the meaning of “appropriate interest” is intended to include other interests in land, which fall short of freehold ownership or lease, for example an easement.
3.The Marine Management Organisation (MMO) have reconsidered the matter, having regard to the definition of “land” in Schedule 1 to the Interpretation Act 1978, which includes “…any interest, easement…” the inclusion of the word “appropriate” does not change the legal effect of the provisions in articles 34 and 35, although the MMO accept that it is not strictly necessary.
4.The MMO will work with applicants on future applications containing similar provisions to ensure the matter does not arise again.
5.Regarding point (2) the MMO accepts that the words “or body” after “person” in article 40(2) are unnecessary given the scope of the definition of “person” in Schedule 1 to the Interpretation Act 1978. The MMO regret this error and will take steps to ensure that it does not occur again.
Marine Management Organisation
8 March 2021