|
| |
|
exclusive economic zone is to be read as a reference to a renewable energy |
| |
| |
| |
(1) | Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is |
| |
| 5 |
(2) | In subsection (1) after the definition of “Wales” insert “, and |
| |
“Welsh zone” means the sea adjacent to Wales which is— |
| |
(a) | within British fishery limits (that is, the limits set by or |
| |
under section 1 of the Fishery Limits Act 1976), and |
| |
(b) | specified in an Order in Council under section 58 or an |
| 10 |
order under subsection (3).” |
| |
(3) | For subsection (3) substitute— |
| |
“(3) | The Secretary of State may by order determine, or make provision for |
| |
determining, for the purposes of the definitions of “Wales” and the |
| |
“Welsh zone”, any boundary between waters which are to be treated as |
| 15 |
parts of the sea adjacent to Wales, or sea within British fishery limits |
| |
adjacent to Wales, and those which are not.” |
| |
(4) | Part 2 of Schedule 4 (which contains amendments consequential on this |
| |
| |
(5) | The Secretary of State may by order modify or amend— |
| 20 |
(a) | an Act passed before the end of the session in which this Act is passed, |
| |
| |
(b) | an instrument made before the end of that session, |
| |
| as the Secretary of State considers appropriate in consequence of this section. |
| |
| 25 |
| |
| |
| |
42 | Marine policy statements |
| |
(1) | For the purposes of this Act a “marine policy statement” (an “MPS”) is a |
| 30 |
| |
(a) | in which the policy authorities that prepare and adopt it state general |
| |
policies of theirs (however expressed) for contributing to the |
| |
achievement of sustainable development in the UK marine area, |
| |
(b) | which has been prepared and adopted by those authorities in |
| 35 |
accordance with Schedule 5, and |
| |
(c) | which states that it has been prepared and adopted for the purposes of |
| |
| |
(2) | An MPS may also include statements or information relating to policies |
| |
| 40 |
|
| |
|
| |
|
(3) | If to any extent a policy stated in an MPS conflicts with any other statement or |
| |
information in the MPS, that conflict must be resolved in favour of the policy. |
| |
(4) | In this Part “policy authority” means any of the following— |
| |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; |
| 5 |
| |
(d) | the Department of the Environment in Northern Ireland. |
| |
(5) | Any reference in this Part to an MPS being adopted by any policy authorities |
| |
is a reference to the final text of the MPS being adopted by those authorities in |
| |
accordance with Schedule 5. |
| 10 |
43 | Preparation and coming into force of statement |
| |
(1) | An MPS may only be prepared by— |
| |
(a) | all the policy authorities, acting jointly, |
| |
(b) | the Secretary of State and any one or more other policy authorities, |
| |
| 15 |
(c) | the Secretary of State. |
| |
(2) | An MPS must not be prepared by the Secretary of State acting alone under |
| |
subsection (1)(c) unless the Secretary of State has first invited each of the other |
| |
policy authorities to participate in the preparation of an MPS. |
| |
(3) | A later MPS replaces an earlier MPS, whether or not the later MPS is prepared |
| 20 |
and adopted by the same policy authorities that prepared and adopted the |
| |
| |
(4) | An MPS comes into effect when it has been published in accordance with |
| |
| |
| 25 |
The policy authorities that prepared and adopted an MPS must review the |
| |
MPS whenever they consider it appropriate to do so. |
| |
45 | Amendment of statement |
| |
(1) | An MPS may be amended from time to time by the policy authorities which |
| |
| 30 |
(2) | Any amendment of an MPS must be prepared and adopted in accordance with |
| |
| |
(3) | Any amendment of an MPS comes into effect when it has been published in |
| |
accordance with that Schedule. |
| |
(4) | Any reference in this Part to an amendment of an MPS being adopted by any |
| 35 |
policy authorities is a reference to the final text of the amendment being |
| |
adopted by those authorities in accordance with that Schedule. |
| |
(5) | Any reference in this Act to an MPS includes a reference to an MPS as |
| |
| |
|
| |
|
| |
|
46 | Withdrawal of, or from, statement |
| |
(1) | If any of the policy authorities that prepared and adopted an MPS— |
| |
(a) | comes to the conclusion that it desires to withdraw from the MPS, and |
| |
(b) | publishes notice of that conclusion in each of the Gazettes, |
| |
| the authority is to be regarded as having withdrawn from the MPS as from the |
| 5 |
date on which the notice is so published. |
| |
(2) | Before arranging to publish any such notice, the policy authority must inform |
| |
each of the other policy authorities that it intends to do so. |
| |
(3) | If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from |
| |
the date of the Secretary of State’s withdrawal. |
| 10 |
(4) | If any other policy authority withdraws from an MPS, then, as from the date of |
| |
the authority’s withdrawal, the authority is to be treated for the purposes of |
| |
this Part as if it were not one of the policy authorities which adopted and |
| |
| |
(5) | If the Secretary of State withdraws from an MPS, the Secretary of State must |
| 15 |
take such further steps as the Secretary of State considers appropriate to secure |
| |
that the withdrawal of the MPS is brought to the attention of interested |
| |
| |
(6) | If any other policy authority withdraws from an MPS, it must take such further |
| |
steps as it considers appropriate to secure that its withdrawal from the MPS is |
| 20 |
brought to the attention of interested persons. |
| |
(7) | An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as |
| |
from the date of the withdrawal. |
| |
(8) | Where a policy authority withdraws from an MPS, or an MPS is withdrawn by |
| |
virtue of the withdrawal of the Secretary of State, the withdrawal does not |
| 25 |
| |
(a) | the continuing validity or effect of any marine plan for any marine plan |
| |
| |
(b) | until such time as a new MPS governs marine planning for a marine |
| |
plan area, the construction of any marine plan for that marine plan area. |
| 30 |
| |
| |
| |
(b) | the Edinburgh Gazette, and |
| |
| 35 |
“interested persons” means— |
| |
(a) | any persons appearing to the policy authority to be likely to be |
| |
interested in, or affected by, the withdrawal of or from the MPS; |
| |
(b) | members of the general public. |
| |
|
| |
|
| |
|
| |
| |
47 | Marine planning regions |
| |
(1) | The UK marine area comprises the following marine planning regions— |
| |
(a) | the English inshore region; |
| 5 |
(b) | the English offshore region; |
| |
(c) | the Scottish inshore region; |
| |
(d) | the Scottish offshore region; |
| |
(e) | the Welsh inshore region; |
| |
(f) | the Welsh offshore region; |
| 10 |
(g) | the Northern Ireland inshore region; |
| |
(h) | the Northern Ireland offshore region. |
| |
(2) | The definitions of those regions can be found in section 312. |
| |
48 | Marine plan authorities |
| |
(1) | There is to be a marine plan authority for each marine planning region other |
| 15 |
| |
(a) | the Scottish inshore region; |
| |
(b) | the Northern Ireland inshore region. |
| |
(2) | The marine plan authority for each marine planning region is as follows— |
| |
(a) | for the English inshore region, the Secretary of State; |
| 20 |
(b) | for the English offshore region, the Secretary of State; |
| |
(c) | for the Scottish offshore region, the Scottish Ministers; |
| |
(d) | for the Welsh inshore region, the Welsh Ministers; |
| |
(e) | for the Welsh offshore region, the Welsh Ministers; |
| |
(f) | for the Northern Ireland offshore region, the Department of the |
| 25 |
Environment in Northern Ireland. |
| |
(3) | References to a marine plan authority’s region are to be construed accordingly. |
| |
49 | Marine plans for marine plan areas |
| |
(1) | A marine plan authority may prepare a marine plan for an area (a “marine plan |
| |
area”) consisting of the whole or any part of its marine planning region. |
| 30 |
(2) | A “marine plan” is a document which— |
| |
(a) | has been prepared and adopted for a marine plan area by the |
| |
appropriate marine plan authority in accordance with Schedule 6, |
| |
(b) | states the authority’s policies (however expressed) for and in |
| |
connection with the sustainable development of the area, and |
| 35 |
(c) | states that it is a marine plan prepared and adopted for the purposes of |
| |
| |
(3) | For the purposes of this section “the appropriate marine plan authority” in the |
| |
case of any marine plan area is the marine plan authority in whose region the |
| |
| 40 |
|
| |
|
| |
|
(4) | A marine plan must identify (by means of a map or otherwise) the marine plan |
| |
area for which it is a marine plan. |
| |
(5) | A marine plan must be in conformity with any MPS which governs marine |
| |
planning for the marine plan area unless relevant considerations indicate |
| |
| 5 |
(6) | For the purposes of this Part, an MPS “governs marine planning” for an area |
| |
| |
(a) | it has been adopted by the policy authority which is the marine plan |
| |
authority whose region consists of or includes the area, |
| |
(b) | it has been published in accordance with paragraph 11 of Schedule 5, |
| 10 |
(c) | it has not been replaced or withdrawn, and |
| |
(d) | the policy authority mentioned in paragraph (a) has not withdrawn |
| |
| |
| As respects paragraphs (c) and (d), see also section 46(8) (effect of withdrawal |
| |
| 15 |
(7) | A marine plan must state whether it includes provision relating to retained |
| |
| |
(8) | A marine plan may also include statements or information relating to policies |
| |
| |
(9) | If to any extent a policy stated in a marine plan conflicts with any other |
| 20 |
statement or information in the plan, that conflict must be resolved in favour |
| |
| |
(10) | A marine plan comes into effect when it has been published by the marine plan |
| |
authority that prepared and adopted it in accordance with Schedule 6. |
| |
50 | Amendment of marine plan |
| 25 |
(1) | A marine plan may be amended from time to time by the marine plan authority |
| |
for the marine planning region in which the marine plan area lies. |
| |
(2) | The provisions of this Part that relate to the preparation, adoption, publication |
| |
and coming into force of a marine plan also apply in relation to amendments |
| |
| 30 |
(3) | Any reference in this Act to a marine plan includes a reference to a marine plan |
| |
| |
51 | Withdrawal of marine plan |
| |
(1) | A marine plan may be withdrawn at any time, but only in accordance with the |
| |
following provisions of this section. |
| 35 |
| |
(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; |
| 40 |
(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 |
| |
| |
(4) | If at any time the Secretary of State decides to withdraw agreement previously |
| 5 |
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 |
| |
| |
(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 |
| 10 |
| |
(c) | the marine plan is withdrawn as from the date on which the notice is so |
| |
| |
(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 |
| 15 |
the withdrawal of the marine plan is brought to the attention of interested |
| |
| |
| |
“appropriate Gazette” means— |
| |
(a) | the London Gazette, if the marine plan is for a marine plan area |
| 20 |
in the English inshore region or the Welsh inshore region; |
| |
(b) | in any other case, each of the Gazettes; |
| |
| |
| |
(b) | the Edinburgh Gazette; and |
| 25 |
| |
“interested persons” means— |
| |
(a) | any persons appearing to the marine plan authority to be likely |
| |
to be interested in, or affected by, the withdrawal of the marine |
| |
| 30 |
(b) | members of the general public. |
| |
52 | Duty to keep relevant matters under review |
| |
(1) | A marine plan authority must keep under review the matters which may be |
| |
expected to affect the exercise of its functions relating to— |
| |
(a) | the identification of areas which are to be marine plan areas, and |
| 35 |
(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 |
| |
marine plan authority under section 58. |
| |
| 40 |
(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; |
| |
(c) | the communications, energy and transport systems of the region; |
| 45 |
(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 |
| |
| |
(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 |
| 5 |
| |
| |
Delegation of functions relating to marine plans |
| |
53 | Delegation of functions relating to marine plans |
| |
(1) | A marine plan authority may give directions under this section. |
| 10 |
(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 |
| |
(b) | directs that those functions, instead of being so exercisable, are to be |
| 15 |
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. |
| |
| 20 |
(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 |
| |
(b) | functions under section 58 (monitoring etc of implementation), |
| 25 |
| other than excepted functions. |
| |
(6) | The excepted functions are— |
| |
(a) | deciding under paragraph 5 of Schedule 6 whether to agree to the |
| |
publication of a statement of public participation; |
| |
(b) | deciding under paragraph 7 of that Schedule whether to agree to the |
| 30 |
publication of a revised statement of public participation; |
| |
(c) | deciding under paragraph 11 of that Schedule whether to agree to the |
| |
publication of a consultation draft; |
| |
(d) | deciding under paragraph 15 of that Schedule whether to publish a |
| |
marine plan or any amendment of a marine plan; |
| 35 |
(e) | deciding under section 51 whether to withdraw a marine plan or |
| |
agreement to a marine plan. |
| |
(7) | No direction may be given under this section in respect of any function of the |
| |
Secretary of State of agreeing under paragraph 15 of Schedule 6 to the adoption |
| |
of a marine plan by another marine plan authority. |
| 40 |
|
| |
|