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 11 — Supplementary provisions
210

(a)
the Bailiwick of Jersey;
(b)
the Falkland Islands;
(c)
South Georgia and the Sandwich Islands;
(d)
St Helena and Dependencies.
(7)
In section 24 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to extend
5
provisions of that Act to Isle of Man or Channel Islands), as it applies in relation
to the Bailiwick of Guernsey, any reference to a provision of that Act includes
a reference to that provision as amended by any provision of Chapter 1 of Part
7 of this Act.
(8)
The amendments made by—
10
(a)
section 202 (taking of crabs and lobsters for scientific purposes), and
(b)
section 203 (orders prohibiting the taking and sale of certain lobsters),

do not extend to the Isle of Man or the Channel Islands.
314
Commencement
(1)
The following provisions of this Act come into force on the day on which this
15
Act is passed—
(a)
this Part, other than section 311 and Schedule 21;
(b)
any power of a Minister of the Crown, the Scottish Ministers, the Welsh
Ministers or a Northern Ireland department to make regulations or an
order under or by virtue of this Act;
20
(c)
any power to make an Order in Council under the Government of
Wales Act 2006 (c. 32) by virtue of the amendments made by section 41
and paragraph 9 of Schedule 4 (Welsh zone).
(2)
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed—
25
(a)
Part 3 (marine planning);
(b)
in Part 5—
(i)
Chapter 1 (MCZs), so far as not relating to MCZs in Wales;
(ii)
Chapter 2 (other conservation sites), so far as not relating to
Wales;
30
(c)
sections 181 to 184 (inshore fisheries in Wales);
(d)
Part 9 (coastal access).
(3)
Subject to subsection (4), the other provisions of this Act come into force on an
appointed day.
(4)
Any repeal in Schedule 21 (and section 311 so far as relating to the repeal)
35
comes into force in the same way as the provisions of this Act to which the
repeal relates.
(5)
In this section “appointed day” means such day or days as the Secretary of
State may by order appoint.
(6)
The power conferred by subsection (5) is exercisable by the Welsh Ministers
40
(and not the Secretary of State) in relation to the following provisions—
(a)
so far as relating to MCZs in Wales—
(i)
Chapter 1 of Part 5 (MCZs);
(ii)
the repeals in Schedule 21 relating to that Chapter;
(iii)
section 311 so far as relating to those repeals;
45

Marine and Coastal Access Bill [HL]
Part 11 — Supplementary provisions
211

(b)
Chapter 2 of Part 5 (other conservation sites), so far as relating to Wales;
(c)
so far as relating to sea fisheries districts in Wales, or any part of a sea
fisheries district lying in Wales—
(i)
in Part 6, section 178 (repeal of the Sea Fisheries Regulation Act
1966 (c. 38));
5
(ii)
the repeals in Schedule 21 relating to that section;
(iii)
section 311 so far as relating to that section and those repeals.
(7)
An order under subsection (5) may appoint different days for different
purposes.
(8)
In this section “Wales” includes the Welsh inshore region.
10
315
Short title
This Act may be cited as the Marine and Coastal Access Act 2009.

212
Marine and Coastal Access Bill [HL]
Schedule 1 — The Marine Management Organisation

Schedules
Schedule 1
Section 1

The Marine Management Organisation
Status of the MMO
1     (1)
The MMO is a body corporate.
5
      (2)
The MMO is not to be regarded—
(a)
as a servant or agent of the Crown,
(b)
as enjoying any status, privilege or immunity of the Crown, or
(c)
as exempt, by virtue of any connection with the Crown, from any tax,
duty, rate, levy or other charge whatsoever, whether general or local,
10

and the property of the MMO is not to be regarded as property of, or held
on behalf of, the Crown.
      (3)
Accordingly, employees of the MMO are not to be regarded as—
(a)
servants or agents of the Crown, or
(b)
enjoying any status, immunity or privilege of the Crown.
15
The chair of the MMO
2
A person (the “chair of the MMO”) is to be appointed by the Secretary of
State to chair the MMO.
Membership
3     (1)
The members of the MMO are to be—
20
(a)
the person who is for the time being the chair of the MMO, and
(b)
not fewer than 5, nor more than 8, other members (“ordinary
members”) who are to be appointed by the Secretary of State.
      (2)
The Secretary of State must consult the chair of the MMO before appointing
any of the ordinary members.
25
      (3)
If a person who is an ordinary member is to become the chair of the MMO,
the appointment as ordinary member ceases immediately before the person
becomes the chair of the MMO.
The deputy chair of the MMO
4
The Secretary of State may appoint one of the ordinary members to be the
30
deputy chair of the MMO (“the deputy chair”).

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Schedule 1 — The Marine Management Organisation
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Considerations in making appointments
5
In appointing any person to be the chair of the MMO or an ordinary
member, the Secretary of State must have regard to the desirability—
(a)
of appointing a person who has experience of, and has shown some
capacity in, some matter relevant to the exercise of the MMO’s
5
functions, and
(b)
of securing that a variety of skills and experience is available among
the members.
Power to amend the numbers of members specified in paragraph 3(1)
6
The Secretary of State may by order amend paragraph 3(1) so as to substitute
10
a different number for any of the numbers for the time being specified there.
Terms of appointment
7     (1)
A person appointed as—
(a)
the chair of the MMO, or
(b)
an ordinary member,
15

holds and vacates office in accordance with the terms of the appointment.
      (2)
A person appointed as the deputy chair holds and vacates that office in
accordance with any particular terms of appointment there may be in the
case of that appointment in addition to the terms of the person’s
appointment as an ordinary member.
20
      (3)
Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.
      (4)
The terms of appointment to any office in any particular case are to be such
as the Secretary of State may determine.
      (5)
No appointment is to be for longer than 5 years.
      (6)
No person may be a member for a total period of more than 10 years
25
(whether or not continuous).
Resignation from office
8
A person may, by giving notice to the Secretary of State, resign from office
as—
(a)
the chair of the MMO,
30
(b)
the deputy chair, or
(c)
an ordinary member.
Suspension from, or termination of, office
9     (1)
The Secretary of State may suspend or terminate the appointment of any
person as the chair of the MMO, the deputy chair, or an ordinary member,
35
if—
(a)
the person has become bankrupt or made an arrangement with
creditors,
(b)
the person’s estate has been sequestrated in Scotland or the person
has, under Scots law, made a composition arrangement with, or
40
granted a trust deed for, creditors,

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Schedule 1 — The Marine Management Organisation
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(c)
the person has been absent from meetings of the MMO for a period
of more than 6 months without the permission of the MMO,
(d)
the person is disqualified from acting as a company director,
(e)
the person has been convicted (whether before or after appointment)
of a criminal offence, the conviction not being spent for the purposes
5
of the Rehabilitation of Offenders Act 1974 (c. 53),

or if the person is, in the opinion of the Secretary of State, unable or unfit to
discharge the functions of the appointment for any other reason.
      (2)
A person whose appointment as the chair of the MMO is suspended is
accordingly also suspended as a member.
10
      (3)
If a person’s appointment as an ordinary member is suspended, any
appointment of that person as the deputy chair is also suspended.
Eligibility for re-appointment
10
A person who ceases to hold any of the following offices—
(a)
chair of the MMO,
15
(b)
deputy chair,
(c)
ordinary member,

is not by reason of that cessation prevented from subsequently being re-
appointed to that office (or, in the case of paragraph (a) or (c), from
subsequently becoming a member again).
20
Members’ remuneration and allowances
11
The MMO may pay to its members such remuneration and allowances as the
Secretary of State may determine.
Pensions, allowances and gratuities
12
If required to do so by the Secretary of State, the MMO must—
25
(a)
pay such pensions, allowances or gratuities as the Secretary of State
may determine to or in respect of any person who is or has been a
member;
(b)
pay such sums as the Secretary of State may determine towards
provision for the payment of pensions, allowances or gratuities to or
30
in respect of any such person.
Compensation for loss of office
13
If—
(a)
a person ceases to be a member, and
(b)
it appears to the Secretary of State that there are special
35
circumstances which make it appropriate for the person to receive
compensation,

the Secretary of State may require the MMO to make such payments to the
person as the Secretary of State may determine.
Chief executive
40
14    (1)
The MMO must appoint a person to be its chief executive.

Marine and Coastal Access Bill [HL]
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      (2)
The person appointed must have been approved by the Secretary of State.
      (3)
The chief executive is an employee of the MMO.
      (4)
The Secretary of State may appoint the first chief executive.
Other staff
15    (1)
The MMO may appoint other employees.
5
      (2)
The MMO may only make an appointment under sub-paragraph (1) with
the approval of the Secretary of State as to any terms and conditions of
employment not falling within paragraph 16 or 17.
Staff remuneration and allowances
16    (1)
The MMO may pay such remuneration and allowances as it may determine
10
to any of its employees.
      (2)
The MMO may only make a determination under sub-paragraph (1) with
the approval of the Secretary of State.
Staff pensions etc
17    (1)
The MMO may—
15
(a)
pay such pensions, allowances or gratuities as it may determine to or
in respect of any person who is or has been an employee of the MMO;
(b)
pay such sums as it may determine towards provision for the
payment of pensions, allowances or gratuities to or in respect of any
such person.
20
      (2)
The MMO may only make a determination under sub-paragraph (1) with
the approval of the Secretary of State.
Staff superannuation
18    (1)
Employment with the MMO is to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
25
1972 (c. 11) can apply.
      (2)
Accordingly, in Schedule 1 to that Act (kinds of employment to which the
Act applies) insert at the appropriate place—
“Marine Management Organisation.”
      (3)
The MMO must pay to the Minister for the Civil Service, at such times as that
30
Minister may direct, such sums as that Minister may determine in respect of
any increase attributable to this paragraph in the sums payable out of money
provided by Parliament under that Act.
Procedure
19
Subject to the following provisions of this Schedule, the MMO may
35
regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure of any of its committees or sub-committees (including
quorum).

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Delegation of functions
20    (1)
The MMO may authorise a committee, sub-committee, member or employee
of the MMO to exercise any of the MMO’s functions.
      (2)
The MMO must keep a record of any authorisations under sub-paragraph
(1).
5
      (3)
No authorisation under sub-paragraph (1) prevents—
(a)
the MMO from exercising the function itself;
(b)
a member or employee of the MMO from exercising the function;
(c)
the MMO from authorising a different committee, sub-committee,
member or employee to carry out the function.
10
Membership of committees and sub-committees
21    (1)
A committee or sub-committee may include persons who are not members
of the MMO.
      (2)
The MMO may pay such remuneration and allowances as it may determine
to any person who—
15
(a)
is a member of a committee or sub-committee, but
(b)
is not a member of the MMO.
      (3)
The MMO may only make a determination under sub-paragraph (2) with
the approval of the Secretary of State.
Validity of proceedings
20
22
The validity of anything done by the MMO, or by any committee or sub-
committee of the MMO, is not affected by any of the following—
(a)
any vacancy in the office of chair of the MMO or chair of the
committee or sub-committee,
(b)
any deficiency in the number of ordinary members or in the number
25
of members of the committee or sub-committee,
(c)
any defect in, or suspension of, any person’s appointment as the
chair or other member of the MMO or of the committee or sub-
committee.
Application of seal and proof of documents
30
23    (1)
The application of the MMO’s seal must be authenticated by the signature
of—
(a)
a member who is authorised (generally or specially) for that purpose,
or
(b)
an employee of the MMO who is so authorised.
35
      (2)
A document purporting to be duly executed under the seal of the MMO is to
be received in evidence and taken to be so executed, unless the contrary is
shown.
Documents served etc by the MMO
24    (1)
Any document which the MMO is authorised or required by or under any
40
enactment to serve, make or issue may be signed on behalf of the MMO by