House of Lords portcullis
House of Lords
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statements

21

 

exclusive economic zone is to be read as a reference to a renewable energy

zone.

41      

Welsh zone

(1)   

Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is

amended as follows.

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

section) has effect.

(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,

or

(b)   

an instrument made before the end of that session,

   

as the Secretary of State considers appropriate in consequence of this section.

Part 3

25

Marine planning

Chapter 1

Marine policy statements

42      

Marine policy statements

(1)   

For the purposes of this Act a “marine policy statement” (an “MPS”) is a

30

document—

(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

this section.

(2)   

An MPS may also include statements or information relating to policies

contained in the MPS.

40

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statements

22

 

(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

(c)   

the Welsh Ministers;

(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,

acting jointly, or

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

earlier MPS.

(4)   

An MPS comes into effect when it has been published in accordance with

Schedule 5.

44      

Review of statement

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

prepared and adopted it.

30

(2)   

Any amendment of an MPS must be prepared and adopted in accordance with

Schedule 5.

(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

amended.

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 1 — Marine policy statements

23

 

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

published the MPS.

(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

persons.

(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

affect—

(a)   

the continuing validity or effect of any marine plan for any marine plan

area, or

(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

(9)   

In this section—

“the Gazettes” means—

(a)   

the London Gazette,

(b)   

the Edinburgh Gazette, and

(c)   

the Belfast Gazette;

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.

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans

24

 

Chapter 2

Marine plans

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

than—

(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

this section.

(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

marine plan area lies.

40

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans

25

 

(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

otherwise.

5

(6)   

For the purposes of this Part, an MPS “governs marine planning” for an area

if—

(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

from it.

   

As respects paragraphs (c) and (d), see also section 46(8) (effect of withdrawal

of, or from, an MPS).

15

(7)   

A marine plan must state whether it includes provision relating to retained

functions.

(8)   

A marine plan may also include statements or information relating to policies

contained in the plan.

(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

of the policy.

(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

of a marine plan.

30

(3)   

Any reference in this Act to a marine plan includes a reference to a marine plan

as amended.

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

(2)   

In this section—

(a)   

subsection (3) has effect where a marine plan authority decides to

withdraw a marine plan;

(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—

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 2 — Marine plans

26

 

(a)   

it is to publish notice of the withdrawal of the plan in each appropriate

Gazette, and

(b)   

the marine plan is withdrawn as from the date on which the notice is so

published.

(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

authority,

(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

Gazette, and

(c)   

the marine plan is withdrawn as from the date on which the notice is so

published.

(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

persons.

(6)   

In this section—

“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;

“the Gazettes” means—

(a)   

the London Gazette;

(b)   

the Edinburgh Gazette; and

25

(c)   

the Belfast Gazette;

“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

plan, and

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.

(2)   

The matters include—

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

matters.

 
 

Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 3 — Delegation of functions relating to marine plans

27

 

(3)   

The matters also include—

(a)   

any changes which could reasonably be expected to occur in relation to

any such matter;

(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

dependent on the region.

Chapter 3

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.

(4)   

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

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2008
Revised 5 December 2008