Marine and Coastal Access Bill [HL]

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
14

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Power to charge for services
(1)
The MMO may charge such fees in respect of the cost of providing its services
as appear to it to be reasonable.
(2)
The fees that may be charged under this section include fees in respect of the
cost of services provided by the MMO under any arrangements made between
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the MMO and the Welsh Ministers or a Northern Ireland department under—
(a)
section 83 of the Government of Wales Act 2006 (c. 32), or
(b)
section 28 of the Northern Ireland Act 1998 (c. 47).
(3)
For the purposes of this section, “services” includes, in particular, anything
done under—
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(a)
section 2(7) (provision of copy of guidance);
(b)
section 23(2) (making available the results of research);
(c)
section 24(2), (3)(a) or (4) (advice, assistance and training facilities);
(d)
section 25 (information).
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Provision of information by the MMO to the Secretary of State
15
(1)
The MMO must provide the Secretary of State with all such information as the
Secretary of State may reasonably require with respect to any of the following
matters—
(a)
the carrying out, or proposed carrying out, of the MMO’s functions;
(b)
the MMO’s responsibilities generally.
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(2)
Information required under this section is to be provided in such form and
manner, and be accompanied or supplemented by such explanations, as the
Secretary of State may require.
(3)
The information which the MMO may be required to provide under this
section includes information which, although it is not in the possession of the
25
MMO or would not otherwise come into the possession of the MMO, is
information which it is reasonable to require the MMO to obtain.
(4)
A requirement for the purposes of this section—
(a)
must be made in writing;
(b)
may describe the information to be provided in such manner as the
30
Secretary of State considers appropriate;
(c)
may require the information to be provided on a particular occasion, in
particular circumstances or from time to time.
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Power to bring proceedings
(1)
The MMO may institute criminal proceedings in England, Wales or Northern
35
Ireland.
(2)
The MMO may institute proceedings for the recovery of any monetary penalty
imposed under this Act.
(3)
Subsection (2) is without prejudice to any other powers the MMO may have to
institute proceedings.
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(4)
In England, Wales, or Northern Ireland a person who is authorised by the
MMO for the purpose may—

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
15

(a)
conduct prosecutions on behalf of the MMO in proceedings before a
magistrates’ court, or
(b)
appear on behalf of the MMO in civil proceedings before a magistrates’
court for the recovery of any sum of money,

but this is subject, in the case of persons who are not legally qualified, to
5
subsection (5).
(5)
Persons who are not legally qualified may be authorised, in relation to
proceedings instituted by the MMO before a magistrates’ court, but only for
the purpose of exercising the following functions—
(a)
to conduct litigation, including prosecutions, in relation to summary
10
offences;
(b)
to exercise the powers and rights of audience in relation to—
(i)
applications for bail in summary proceedings;
(ii)
interlocutory applications and sentencing in both summary and
indictable proceedings;
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(c)
to exercise the powers and rights of audience in proceedings for the
recovery of any sum of money.
(6)
In subsection (5), “rights of audience” and “conduct of litigation” have the
meaning given by paragraphs 3 and 4 of Schedule 2 to the Legal Services Act
2007 (c. 29).
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Incidental powers
(1)
The MMO may do anything which appears to it to be incidental or conducive
to the carrying out of its functions or the achievement of its general objective.
(2)
In particular, the MMO may—
(a)
enter into agreements;
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(b)
acquire or dispose of land or other property;
(c)
subject to the restrictions imposed by sections 31 and 32, borrow
money;
(d)
subject to the approval of the Secretary of State, form bodies corporate
or acquire or dispose of interests in bodies corporate;
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(e)
accept gifts;
(f)
invest money.
Financial provisions
30
Grants
(1)
The Secretary of State may make payments by way of grant to the MMO.
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(2)
Any payments under subsection (1) are to be—
(a)
of such amounts,
(b)
at such times, and
(c)
subject to such conditions (if any),

as the Secretary of State may determine.
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Borrowing powers
(1)
The MMO may borrow money, but only—

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
16

(a)
in accordance with the following provisions of this section, and
(b)
subject to section 32 (limit on borrowing).
(2)
The MMO may borrow such sums as it may require for meeting its obligations
and carrying out its functions.
(3)
The MMO may borrow any such sums—
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(a)
from the Secretary of State, by way of loan, or
(b)
from persons other than the Secretary of State, by way of overdraft or
otherwise.
(4)
The MMO may borrow by virtue of subsection (3)(b) only if the Secretary of
State consents.
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(5)
Any consent under subsection (4) may be given subject to conditions.
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Limit on borrowing
(1)
The aggregate amount outstanding in respect of the principal of sums
borrowed by the MMO must not at any time exceed £20 million.
(2)
The Secretary of State may by order amend subsection (1) so as to substitute for
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the sum for the time being there specified such sum as may be specified in the
order.
(3)
The sum specified in an order under subsection (2) must be a sum—
(a)
greater than £20 million, but
(b)
not greater than £80 million.
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(4)
A statutory instrument containing an order under subsection (2) may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, the House of Commons.
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Government loans
(1)
The Secretary of State may lend money to the MMO.
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(2)
A loan under this section may be made subject to such conditions as may be
determined by, or in accordance with arrangements made by, the Secretary of
State.
(3)
The conditions must include provision with respect to—
(a)
repayment of the loan at such times, and by such methods, as the
30
Secretary of State may from time to time determine, and
(b)
payment of interest on the loan at such rates, and at such times, as the
Secretary of State may from time to time determine.
(4)
The Treasury may issue to the Secretary of State out of money provided by
Parliament such sums as are necessary to enable the Secretary of State to make
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loans under this section.
(5)
The Secretary of State must, in respect of each financial year,—
(a)
prepare an account of any sums lent or received in pursuance of this
section during the year, and
(b)
send that account to the Comptroller and Auditor General before the
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end of September in the following financial year.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
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(6)
The Comptroller and Auditor General must—
(a)
examine, certify and report on each account sent under subsection (5),
and
(b)
send a copy of the certified account and of the report to the Secretary of
State as soon as possible;
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and the Secretary of State must lay before each House of Parliament a copy of
the certified account and of the report.
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Government guarantees
(1)
The Secretary of State may guarantee—
(a)
the repayment of the principal of any sum borrowed by the MMO from
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a person other than the Secretary of State;
(b)
the payment of interest on any such sum;
(c)
the discharge of any other financial obligation in connection with any
such sum.
(2)
A guarantee under subsection (1) may be given in such manner, and on such
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conditions, as the Secretary of State may think fit.
(3)
If a guarantee is given under subsection (1), the Secretary of State must lay a
statement of the guarantee before each House of Parliament.
(4)
Where any sum is paid out for fulfilling a guarantee under this section, the
Secretary of State must, as soon as reasonably practicable after the end of each
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financial year in the relevant period, lay before each House of Parliament a
statement relating to that sum.
(5)
For the purposes of subsection (4), the relevant period is the period which—
(a)
begins with the financial year in which the sum is paid out, and
(b)
ends with the financial year in which all liability in respect of the
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principal of the sum and in respect of interest on it is finally discharged.
(6)
If any sums are paid out in fulfilment of a guarantee under this section, the
MMO must make to the Secretary of State—
(a)
payments of such amounts as the Secretary of State may from time to
time direct in or towards repayment of the sums so paid out, and
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(b)
payments of interest, at such rate as the Secretary of State may so direct,
on what is outstanding for the time being in respect of sums so paid out.
(7)
Payments under subsection (6) are to be made—
(a)
at such times, and
(b)
in such manner,
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as the Secretary of State may from time to time direct.
Directions and guidance
35
Directions by the Secretary of State
(1)
The Secretary of State may give the MMO general or specific directions with
respect to the exercise of any of the MMO’s functions.
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Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
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(2)
The Secretary of State may also give the MMO such general or specific
directions as the Secretary of State considers appropriate for the
implementation of any obligations of the United Kingdom under—
(a)
the EU Treaties, or
(b)
any international agreement to which the United Kingdom or the
5
European Union is for the time being a party.
(3)
Before giving directions under this section, the Secretary of State must consult
the MMO.
(4)
Consultation under subsection (3) is not required if the Secretary of State
considers that there is an emergency.
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(5)
The MMO must comply with any directions given to it under this section.
(6)
The Secretary of State must publish in the London Gazette notice of any
directions given under this section.
(7)
The giving of any directions under this section must be publicised in such
manner as the Secretary of State considers appropriate for the purpose of
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bringing the matters to which the directions relate to the attention of persons
likely to be affected by them.
(8)
Copies of any directions given under this section are to be made available by
the MMO to members of the public on payment of such reasonable fee as the
MMO may determine.
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(9)
Until the coming into force of Part 2 of the Schedule to the European Union
(Amendment) Act 2008 (c. 7) the reference in subsection (2)(a) to the EU
Treaties is to be read as a reference to the Community Treaties.
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Guidance by the Secretary of State
(1)
The MMO must have regard to any guidance given to it by the Secretary of
25
State.
(2)
Before giving any guidance to the MMO, the Secretary of State must consult—
(a)
the MMO, and
(b)
such other bodies or persons as the Secretary of State considers
appropriate.
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(3)
Subsection (2) does not apply to guidance under section 2(3) (which has its own
consultation requirements).
Transfer schemes etc
37
Transfer schemes
(1)
The Secretary of State may, in connection with the establishment of, or the
35
transfer of any functions to, the MMO, make one or more schemes for the
transfer to the MMO of designated property, rights or liabilities of any of the
following—
(a)
a Minister of the Crown,
(b)
a government department,
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(c)
a statutory body.

Marine and Coastal Access Bill [HL]
Part 2 — Exclusive economic zone, UK marine area and Welsh zone
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(2)
The Secretary of State may make one or more schemes for the transfer of
designated property, rights or liabilities of the MMO to any of the following—
(a)
a Minister of the Crown,
(b)
a government department,
(c)
a statutory body.
5
(3)
In connection with the efficient management for public purposes of any
property, rights or liabilities, the Secretary of State may at any time make one
or more schemes for the transfer of—
(a)
designated property, rights or liabilities of the Secretary of State to the
MMO, or
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(b)
designated property, rights or liabilities of the MMO to the Secretary of
State.
(4)
On the transfer date for any designated property, rights or liabilities, that
property and those rights and liabilities are transferred and vest in accordance
with the scheme.
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(5)
In this section and Schedule 3—
“designated”, in relation to a scheme, means specified or described in, or
determined in accordance with, the scheme;
“statutory body” means any body or person established by or under any
enactment;
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“transfer date”, in relation to any property, rights or liabilities, means a
date specified by a scheme as the date on which the scheme is to have
effect in relation to that property or those rights or liabilities.
(6)
Schedule 3 makes further provision relating to schemes under this section.
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Interim arrangements
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(1)
The Secretary of State may by notice require any of the following—
(a)
a Minister of the Crown,
(b)
a government department,
(c)
a statutory body,

to provide to the MMO on a temporary basis such staff, premises or other
30
facilities as may be specified in the notice.
(2)
In this section “statutory body” means any body or person established by or
under any enactment.
Part 2
Exclusive economic zone, UK marine area and Welsh zone
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39
Exclusive economic zone
(1)
The rights to which this section applies have effect as rights belonging to Her
Majesty by virtue of this section.
(2)
This section applies to all rights under Part V of the Convention that are
exercisable by the United Kingdom in areas outside the territorial sea.
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Marine and Coastal Access Bill [HL]
Part 2 — Exclusive economic zone, UK marine area and Welsh zone
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(3)
Her Majesty may by Order in Council designate an area as an area within
which the rights to which this section applies are exercisable (an “exclusive
economic zone”).
(4)
The Secretary of State may by order designate the whole or any part of the
exclusive economic zone as an area in relation to which the Scottish Ministers,
5
the Welsh Ministers or any Northern Ireland department are to have functions.
(5)
In any enactment or instrument passed or made after the coming into force of
an Order in Council made under this section any reference to the United
Kingdom’s exclusive economic zone is to be read as a reference to any area
designated in the Order in Council.
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(6)
An Order in Council under this section may include incidental, consequential,
supplementary or transitional provision or savings.
(7)
In this section “the Convention” means the United Nations Convention on the
Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed
after the passing of this Act that have entered into force in relation to the
15
United Kingdom.
(8)
Part 1 of Schedule 4 (which contains amendments consequential on this
section) has effect.
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UK marine area
(1)
For the purposes of this Act, the “UK marine area” consists of the following—
20
(a)
the area of sea within the seaward limits of the territorial sea adjacent
to the United Kingdom,
(b)
any area of sea within the limits of the exclusive economic zone,
(c)
the area of sea within the limits of the UK sector of the continental shelf
(so far as not falling within the area mentioned in paragraph (b), and
25
see also subsection (2)),

and includes the bed and subsoil of the sea within those areas.
(2)
The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK
marine area for any purpose only to the extent that such treatment for that
purpose does not contravene any international obligation binding on the
30
United Kingdom or Her Majesty’s government.
(3)
In this section “sea” includes—
(a)
any area submerged at mean high water spring tide, and
(b)
the waters of every estuary, river or channel, so far as the tide flows at
mean high water spring tide.
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(4)
The area of sea referred to in subsection (3)(a) includes waters in any area—
(a)
which is closed, whether permanently or intermittently, by a lock or
other artificial means against the regular action of the tide, but
(b)
into which seawater is caused or permitted to flow, whether
continuously or from time to time, and
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(c)
from which seawater is caused or permitted to flow, whether
continuously or from time to time.
(5)
Until the coming into force of the first Order in Council made under section 39
(the exclusive economic zone), the reference in subsection (1)(b) to the