Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Schedule 20 — Amendments of the Harbours Act 1964
293

(b)
if the harbour (or any part of it) is situated in Wales,
the Countryside Council for Wales.”.
Procedure where harbour revision orders are made otherwise than on application
6     (1)
For paragraph 28 of Schedule 3 (inquiry to be held in most cases where an
objection is made) substitute—
5
“28   (1)
This paragraph applies if an objection to the proposal was made to
the Secretary of State and has not been withdrawn unless—
(a)
the Secretary of State decides that the proposal shall not
proceed further,
(b)
the Secretary of State considers that the objection is
10
frivolous or trivial,
(c)
the objection does not specify the grounds on which it is
made, or
(d)
the objection was not made within the period allowed for
making it.
15
      (2)
Before deciding the application under paragraph 29, the Secretary
of State may—
(a)
cause an inquiry to be held, or
(b)
give to the person who made the objection referred to in
sub-paragraph (1) an opportunity of appearing before and
20
being heard by a person appointed by the Secretary of
State.
      (3)
Where—
(a)
the objection referred to in sub-paragraph (1) is made by a
person within sub-paragraph (4), and
25
(b)
that person makes a request in writing to the Secretary of
State that the objection be referred to an inquiry or dealt
with in accordance with sub-paragraph (2)(b),

the Secretary of State must, before deciding the application under
paragraph 29, either cause an inquiry to be held or, if the Secretary
30
of State so determines, cause the objection to be dealt with in
accordance with sub-paragraph (2)(b).
      (4)
The persons within this sub-paragraph are—
(a)
any local authority for an area in which the harbour (or any
part of it) is situated, and
35
(b)
the relevant conservation body.
      (5)
Where an objector is heard in accordance with sub-paragraph
(2)(b), the Secretary of State must allow such other persons as the
Secretary of State thinks appropriate to be heard on the same
occasion.
40
      (6)
In this paragraph “local authority” and “relevant conservation
body” have the same meaning as in paragraph 18.”.
      (2)
In paragraph 29 of that Schedule (decision on harbour revision order
proposed by Secretary of State), in sub-paragraph (1)(b), after “inquiry”
insert “and of any person appointed for the purpose of hearing an objector”.
45

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 2 — Marine licensing
294

Application of paragraphs 5 and 6
7
The amendments made by paragraphs 5 and 6 apply to objections made on
or after the date on which those amendments come into force.
Schedule 21
Section 311

Repeals
5
Part 1
EEZ, UK marine area and Welsh zone

Short title and chapter
Extent of repeal

Fishery Limits Act 1976 (c. 86)
Section 1(3) and (4).

Part 2
10
Marine licensing

Short title and chapter
Extent of repeal

Coast Protection Act 1949 (c. 74)
Part 2.

Section 47(a), (b) and (d).

Section 49(2A).

15

Telecommunications Act 1984
In Schedule 2, in paragraph 11—

(c. 12)
(a)
sub-paragraphs (3) to (10);

(b)
in sub-paragraph (11), the definition of

“remedial works”.

Food and Environment
In section 5—

20

Protection Act 1985 (c. 48)
(a)
paragraph (b);

(b)
in paragraph (e), sub-paragraph (ii) and

the “or” preceding that sub-paragraph.

In section 6(1)(a), sub-paragraph (ii) and the

“or” preceding it.

25

Section 7A(5).

In section 8(6), the words “evidence, and in

Scotland”.

Section 9(5) to (7).

Section 21(8).

30

In section 24(1)—

(a)
the definitions of “adjacent to Scotland”,

“Gas Importation and Storage Zone”,

“United Kingdom waters” and “United

Kingdom controlled waters”;

35

(b)
in the definition of “licensing authority”,

paragraph (a) and, in paragraph (b)(iii),

the words from “and the functions” to

the end.

Section 24(2A).

40

Sections 25(3) and 26.

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 4 — Management of inshore fisheries
295

Short title and chapter
Extent of repeal

Merchant Shipping Act 1988 (c.
Section 36.

12)

Environmental Protection Act
Section 146(2) to (5) and (7).

1990 (c. 43)

5

Planning Act 2008 (c. 29)
Sections 147 and 148.

In Schedule 5, paragraphs 27 to 30.


The repeals in the Coast Protection Act 1949 (c. 74) and the Merchant
Shipping Act 1988 (c. 12) extend to England and Wales only.
Part 3
10
Nature conservation

Short title and chapter
Extent of repeal

Wildlife and Countryside Act
Sections 36 and 37.

1981 (c. 69)
In section 67(2), “36”.

Schedule 12.

15

Territorial Sea Act 1987 (c. 49)
Section 3(2)(b).

In Schedule 1, paragraph 6.

Water Act 1989 (c. 15)
In Schedule 25, paragraph 66(2).

Local Government (Wales) Act
In Schedule 16, paragraph 65(4) and (10).

1994 (c. 19)

20
Part 4
Management of inshore fisheries

Short title and chapter
Extent of repeal

Coast Protection Act 1949
In section 2—

(a)
in subsection (2)(b), “local fisheries

25

committee,”;

(b)
in subsection (8)(a), “or local fisheries

committee,”.

In section 45(1)(b), “local fisheries committee,”.

In section 49(1), the definition of “local fisheries

30

committee”.

In Part 1 of the First Schedule, in paragraph 1(b),

“local fisheries committee,”.

Nuclear Installations Act 1965
In section 3(3)(b), the words “or any local

(c. 57)
fisheries committee”.

35

Sea Fisheries Regulation Act
The whole Act.

1966 (c. 38)

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 4 — Management of inshore fisheries
296

Short title and chapter
Extent of repeal

Sea Fisheries (Shellfish) Act
In Schedule 2, the entry for the Sea Fisheries

1967 (c. 83)
Regulation Act 1966.

Sea Fish (Conservation) Act
In section 3(7), the words from “or in any

1967 (c. 84)
byelaw” to “the Sea Fisheries Regulation Act

5

1966,”.

Section 13.

In section 16—

(a)
paragraph (d) of subsection (1) (but not

the “and” following that paragraph);

10

(b)
subsection (2).

Section 17.

In section 22(1), the definition of “local fisheries

committee”.

Prevention of Oil Pollution Act
Section 19(6).

15

1971 (c. 60)

Local Government Act 1972
Section 101(9)(d).

(c. 70)

Local Government Act 1974
In section 31A(3), paragraph (b) (but not the

(c. 7)
“or” following that paragraph).

20

Fishery Limits Act 1976 (c. 86)
In Schedule 1, paragraph 1.

Fisheries Act 1981 (c. 29)
In Schedule 4, paragraph 10.

Wildlife and Countryside Act
In section 27(1), in paragraph (c) of the

1981 (c. 69)
definition of “authorised person”, the words

“or a local fisheries committee constituted

25

under the Sea Fisheries Regulation Act 1966”.

Local Government Act 1985
In Schedule 8, paragraph 19.

(c. 51)

Salmon Act 1986 (c. 62)
Section 37.

Water Act 1989 (c. 15)
In Schedule 17—

30

(a)
paragraph 1(4)(a);

(b)
paragraph 5.

Local Government and Housing
In section 5—

Act 1989 (c. 42)
(a)
subsection (4);

(b)
in subsection (5)—

35

(a)
the words “and of any such

committee as is mentioned in

subsection (4) above”;

(b)
in paragraph (a), the words “or

committee”;

40

(c)
in subsection (8), the word “and” at the

end of the definition of “chief finance

officer”.

Section 13(4)(b).

In Schedule 1, paragraph 2(1)(d).

45

Water Consolidation
In Schedule 1, paragraph 16.

(Consequential Provisions)

Act 1991 (c. 60)

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 5 — Fisheries
297

Short title and chapter
Extent of repeal

Sea Fisheries (Wildlife
In section 1—

Conservation) Act 1992
(a)
in subsection (1), the words “or any

(c. 36)
relevant body”;

(b)
in subsection (2), the definition of

5

“relevant body”.

Radioactive Substances Act
In section 47(1), in the definition of “relevant

1993 (c. 12)
water body”, the words “or a local fisheries

committee”.

In Schedule 3, paragraph 3.

10

Local Government (Wales) Act
In Schedule 16, paragraph 26.

1994 (c. 19)

Environment Act 1995 (c. 25)
Section 102.

In Schedule 15—

(a)
paragraph 2(4)(a);

15

(b)
paragraph 5;

(c)
paragraph 24.

Freedom of Information Act
In Schedule 1, paragraph 35A.

2000 (c. 36)

Natural Environment and Rural
In Schedule 11, paragraph 38.

20

Communities Act 2006 (c. 16)

Regulatory Enforcement and
In Schedules 3, 6 and 7, the entry relating to the

Sanctions Act 2008 (c. 13)
Sea Fisheries Regulation Act 1966 (c. 38).

In Schedule 5, the entry relating to local fisheries

committees.

25

Part 5
Fisheries
(A) Repeals relating to Chapters 1 and 2 of Part 7

Short title and chapter
Extent of repeal

Sea Fisheries (Shellfish) Act
In section 4(7), “, is subsequently convicted of

30

1967 (c. 83)
another such offence”.

Sea Fish (Conservation) Act
In section 11(1)—

1967 (c. 84)
(a)
paragraph (b);

(b)
in paragraph (c), “1, 2,” and “, 6(5) or

(5A)(b)”.]

35

In section 15(2C), paragraph (b) and the word

“or” preceding it.]

Sea Fisheries Act 1968 (c. 77)
Section 15(2).

Fisheries Act 1981 (c. 29)
Section 19(2)(c).

In section 22—

40

(a)
subsection (2)(a);

(b)
subsection (3).]

Section 28.

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 5 — Fisheries
298

Short title and chapter
Extent of repeal

Sea Fish (Conservation) Act
In section 5, paragraph (b).

1992 (c. 60)

Criminal Justice and Public
In Part 1 of Schedule 8, the entries relating to

Order Act 1994 (c. 33)
sections 3(3) and 7(4).

5

Merchant Shipping Act 1995
In Schedule 13, paragraph 38(a) and (b).

(c. 21)
In Schedule 1, paragraphs 4(1) and 5.

Sea Fisheries (Shellfish)
Section 1.

(Amendment) Act 1997 (c. 3)

(B) Repeals relating to Chapter 3 of Part 7 (migratory and freshwater fish)
10

Short title and chapter
Extent of repeal

Theft Act 1968 (c. 60)
In Schedule 1, paragraph 2(2).

Salmon and Freshwater
In section 1—

Fisheries Act 1975 (c. 51)
(a)
in subsection (1), the words “Subject to

subsection (4) below,”;

15

(b)
subsection (4).

Section 3.

In section 4—

(a)
in subsection (1), the words “Subject to

subsection (2) below”;

20

(b)
subsection (2).

Sections 6 to 8.

Sections 16 and 17.

Sections 19 to 21.

Sections 23 and 24.

25

In section 25—

(a)
in subsection (4), the words from “gaff”

to “tailer or”;

(b)
subsections (5) and (6).

In section 31(1)—

30

(a)
in paragraph (b), the words “in

contravention of this Act”;

(b)
in paragraph (c)(i), the words “which

has been caught in contravention of this

Act”.

35

Section 32(1)(ii) and the preceding “or”.

In section 34—

(a)
in the heading, the words “at night”;

(b)
the words from “between the end” to

“following morning”.

40

Section 35(2).

Schedule 1.

In Schedule 2—

(a)
in paragraph 11, the words from

“together” to the end;

45

(b)
paragraph 12.

In Schedule 4, in the table in paragraph 1(2), the

entries relating to section 19(2), section 19(4),

section 19(6), section 19(7) and section 21.

Marine and Coastal Access Bill [HL]
Schedule 21 — Repeals
Part 5 — Fisheries
299

Short title and chapter
Extent of repeal

Fisheries Act 1981 (c. 29)
In Schedule 4—

(a)
paragraph 2;

(b)
paragraph 4;

(c)
in paragraph 6(c), the words “(not being

5

a fixed engine)”;

(d)
in paragraph 6(d), the words “(not being

fixed engines)”;

(e)
paragraph 28.

Salmon Act 1986 (c. 62)
In section 32—

10

(a)
in subsection (1), the words “by or for

the benefit of another person”;

(b)
subsection (6)(a).

Section 33(1) and (2).

Territorial Sea Act 1987 (c. 49)
In Schedule 1, paragraph 3.

15

Water Act 1989 (c. 15)
In Schedule 17, paragraph 7(3), (4), (9)(b) and

(12).

Water Resources Act 1991
In section 212—

(c. 57)
(a)
in subsection (2)(a), the words “(not

being a fixed engine)”;

20

(b)
in subsection (2)(b), the words “(not

being fixed engines)”;

(c)
subsection (3).

In Schedule 25—

(a)
in paragraph 6(2), the words “Subject to

25

paragraph 7(1) below”;

(b)
in paragraph 6(2)(c), the words “(not

being a fixed engine)”;

(c)
in paragraph 6(2)(d), the words “(not

being fixed engines)”;

30

(d)
in paragraph 6(2)(g), the word

“licensed”;

(e)
paragraph 6(3) and (4);

(f)
paragraph 7.

Environment Act 1995 (c. 25)
In Schedule 15, paragraphs 8, 9, 15 and 22.

35

Serious Crime Act 2007 (c. 27)
In Schedule 1, in paragraph 13(1), the words

“for salmon, trout or freshwater fish”.

(C) Repeals relating to Chapter 4 of Part 7 (obsolete enactments)

Short title and chapter
Extent of repeal

White Herring Fisheries Act
The whole Act.

40

1771 (c. 31)

Seal Fishery Act 1875 (c. 18)
The whole Act.

Fisheries Act 1891 (c. 37)
Section 13.

North Sea Fisheries Act 1893
The whole Act.

(c. 17)

45