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]
Part 1 — The Marine Management Organisation
Chapter 3 — Flexible administrative arrangements involving the MMO
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paragraph 4(1)(b);
paragraph 4(2);
paragraph 6(2)(b) and (6).
(7)
In section 95 of the Energy Act 2004 (c. 20), after subsection (1) insert—
“(1A)
This section is subject to section 13 of the Marine and Coastal Access
5
Act 2009 (which transfers certain functions of the Secretary of State to
the Marine Management Organisation).”.
(8)
In this section “Scottish areas” means—
(a)
Scottish waters;
(b)
any Scottish part of a renewable energy zone.
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(9)
In this section, the following expressions have the same meaning as in section
95 of the Energy Act 2004—
“renewable energy installation”;
“renewable energy zone”;
“Scottish part”, in relation to a renewable energy zone;
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“Scottish waters”.
Chapter 3
Flexible administrative arrangements involving the MMO
Powers to enter into agreements
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Agreements between the Secretary of State and the MMO
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(1)
The Secretary of State may enter into an agreement with the MMO authorising
the MMO to perform any marine function of the Secretary of State—
(a)
either in relation to the UK marine area or in relation to specified parts
of that area;
(b)
subject to paragraph (a), either generally or in specified cases.
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“Specified” means specified in the agreement.
(2)
For the purposes of this Chapter, a “marine function” is any function which
relates to, or whose exercise is capable of affecting, the whole or any part of the
UK marine area.
(3)
For the purposes of this Chapter, any reference to a marine function of the
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Secretary of State includes a reference to—
(a)
a marine function exercisable by a person authorised or appointed by
the Secretary of State or employed in the civil service of the State;
(b)
any function under section 4 of the Sea Fish (Conservation) Act 1967
(c. 84) which the Secretary of State exercises on behalf of the Scottish
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Ministers by virtue of arrangements under section 93 of the Scotland
Act 1998 (c. 46).
(4)
An agreement under this section—
(a)
may be cancelled by the Secretary of State at any time, and
(b)
does not prevent the Secretary of State from performing a function to
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which the agreement relates.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 3 — Flexible administrative arrangements involving the MMO
9

(5)
This section is subject to sections 17 and 18 (non-delegable functions and
maximum duration of agreement).
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Agreement between the MMO and eligible bodies
(1)
The MMO may, with the approval of the Secretary of State, enter into an
agreement with an eligible body authorising the eligible body to perform any
5
function of the MMO—
(a)
either in relation to the UK marine area or in relation to specified parts
of that area;
(b)
subject to paragraph (a), either generally or in specified cases.

“Specified” means specified in the agreement.
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(2)
For the purposes of this Chapter, any reference to a function of the MMO
includes a reference to a function exercisable by a person authorised,
appointed or employed by the MMO.
(3)
The Secretary of State’s approval may be given—
(a)
in relation to a particular agreement or in relation to a description of
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agreements;
(b)
unconditionally or subject to conditions specified in the approval.
(4)
Subject to subsection (6), the Secretary of State—
(a)
must review an agreement under this section no later than the end of
the period of 5 years beginning with the date on which the agreement
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was entered into or was last reviewed by the Secretary of State, and
(b)
if it appears appropriate to do so in the light of the review, may cancel
the agreement.
(5)
Subject to subsection (6), an agreement under this section may not be varied
except—
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(a)
by agreement between the MMO and the eligible body, and
(b)
with the approval of the Secretary of State.
(6)
An approval given under subsection (1) may provide that subsection (4) or (5)
does not apply (or that both of them do not apply).
(7)
This section is subject to sections 17 and 18 (non-delegable functions and
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maximum duration of agreement).
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Eligible bodies
(1)
In this Chapter “eligible body” means any body in the following list—
(a)
the Environment Agency;
(b)
Natural England;
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(c)
any inshore fisheries and conservation authority;
(d)
any local fisheries committee constituted by an order made, or having
effect as if made, under section 1 of the Sea Fisheries Regulation Act
1966 (c. 38);
(e)
any harbour authority.
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(2)
The Secretary of State may by order amend subsection (1) so as to—
(a)
add any body or description of body to the list, or
(b)
remove any body or description of body from it.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 3 — Flexible administrative arrangements involving the MMO
10

(3)
The Secretary of State may not exercise the power conferred by subsection
(2)(a) unless satisfied that at least one of the purposes or functions of the body,
or bodies of the description, to be added to the list is, or is related to or
connected with, a marine function.
(4)
A body to be added to the list need not be a public body.
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Non-delegable functions
(1)
An agreement may not authorise a body to which this section applies to
perform a non-delegable function.
(2)
The bodies are—
(a)
the MMO;
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(b)
an eligible body.
(3)
The non-delegable functions are—
(a)
any function whose performance by the body would be incompatible
with the purposes for which the body was established;
(b)
any power of a Minister of the Crown to make or terminate
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appointments, other than appointments of persons for the purpose of
enforcing any legislation other than this Act or subordinate legislation
made under it;
(c)
any power of a Minister of the Crown to lay reports or accounts;
(d)
any power to make subordinate legislation, give directions or guidance
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or issue codes of practice (or to vary or revoke any of those things);
(e)
any power to fix fees or charges other than a power prescribed for the
purposes of this section by an order made by the Secretary of State;
(f)
any function of an accounting officer acting in that capacity;
(g)
except in relation to an agreement authorising a public body to perform
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functions—
(i)
any power to enter, inspect, take samples or seize anything, and
(ii)
any other power exercisable in connection with suspected
offences;
(h)
any function of the Secretary of State under the Water Industry Act
30
1991 (c. 56) or under any subordinate legislation made under that Act.
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Maximum duration of agreement
The maximum period for which an agreement may authorise the MMO or an
eligible body to perform a marine function is 20 years.
Supplementary provisions
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19
Particular powers
(1)
The fact that a function is conferred by or under this Act or an Act passed after
the passing of this Act does not prevent it from being the subject of an
agreement.
(2)
In subsection (3)—
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“A” means the Secretary of State or the MMO;
“B” means—

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 3 — Flexible administrative arrangements involving the MMO
11

(a)
the MMO, if A is the Secretary of State;
(b)
an eligible body, if A is the MMO.
(3)
A may, under an agreement, authorise B to perform a function even though,
under the enactment or subordinate legislation conferring that function on
A,—
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(a)
the function is conferred on A by reference to specified circumstances
or cases and the same type of function is conferred on B in different
specified circumstances or cases,
(b)
the function is exercisable by A and B jointly,
(c)
B is required to be, or may be, consulted about the function (whether
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generally or in specified circumstances), or
(d)
B is required to consent to the exercise of the function (whether
generally or in specified circumstances).
(4)
An agreement may provide—
(a)
for the performance of a function to be subject to the fulfilment of
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conditions;
(b)
for payments to be made in respect of the performance of the function.
(5)
In the following provisions of this section “relevant body” means—
(a)
the MMO;
(b)
any eligible body.
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(6)
A relevant body which is authorised under an agreement to perform a
function—
(a)
is to be treated as having power to do so;
(b)
may, unless (or except to the extent that) the agreement provides for
this paragraph not to apply,—
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(i)
authorise a committee, sub-committee, member, officer or
employee of the body to perform the function on its behalf;
(ii)
form a body corporate and authorise that body to perform the
function on its behalf.
(7)
Where the eligible body is a harbour authority which is a local authority—
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(a)
subsection (6)(a) is subject to section 20(5)(a), and
(b)
section 20 applies in place of subsection (6)(b).
(8)
Subject to subsection (6)(b) and section 20, a relevant body which is authorised
under an agreement to perform a function may not authorise any other body
or person to perform that function.
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Agreements with local authorities
(1)
This section applies where a harbour authority which is a local authority is
authorised under an agreement to perform a function.
(2)
Subject to subsection (5), the function that the local authority is authorised to
perform is to be treated as a function of the local authority for the purposes of—
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(a)
any power of a local authority to arrange for the discharge of the
function by any person mentioned in subsection (3), and
(b)
any power of a person mentioned in subsection (3) to arrange for the
discharge of a function by any other person mentioned there.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 3 — Flexible administrative arrangements involving the MMO
12

(3)
The persons are any committee, sub-committee, member, officer or employee
of the local authority.
(4)
“Committee” does not include a joint committee of two or more local
authorities.
(5)
If the local authority is operating executive arrangements—
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(a)
the function is to be treated as a function of the local authority for the
purposes of section 13 of the Local Government Act 2000 (c. 22), and
(b)
if (or to the extent that) the function is the responsibility of the executive
of the local authority—
(i)
subsection (2) does not apply, and
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(ii)
sections 14 to 16 of that Act, and any regulations made under
sections 17 and 18 of that Act, apply.
(6)
“Executive arrangements” and “executive” have the same meaning as in Part 2
of the Local Government Act 2000.
(7)
An agreement may provide that the provisions of subsection (2) or those
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mentioned in subsection (5)(b)(ii) do not apply (or do not apply to a specified
extent).
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Supplementary provisions with respect to agreements
(1)
An agreement, and any approval given by the Secretary of State under section
15, must be in writing.
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(2)
The Secretary of State must arrange for a copy of an agreement to be published
in a way that the Secretary of State thinks is suitable for bringing it to the
attention of persons likely to be affected by it.
(3)
No power of a Minister of the Crown under any enactment to give directions
to a statutory body extends to giving a direction—
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(a)
requiring it to enter into an agreement;
(b)
prohibiting it from entering into an agreement;
(c)
requiring it to include, or prohibiting it from including, particular
terms in an agreement;
(d)
requiring it to negotiate, or prohibiting it from negotiating, a variation
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or termination of an agreement.
(4)
Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40)
(restrictions on disclosure of information) applies in relation to an
authorisation by an eligible body under this Chapter as it applies in relation to
an authorisation under section 69 of that Act by an office-holder.
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Interpretation
(1)
In sections 17 to 21 “agreement” means an agreement under section 14 or 15.
(2)
In this Chapter—
“eligible body” has the meaning given by section 16;
“local authority” means a local authority as defined in section 1(a) of the
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Local Government Act 2000;
“marine function” has the meaning given by section 14.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
13

Chapter 4
Miscellaneous, general and supplemental provisions
General powers and duties
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Research
(1)
The MMO may (whether alone or with other bodies or persons)—
5
(a)
undertake research into any matter relating to its functions or its
general objective, or
(b)
commission or support (by financial means or otherwise) research into
any such matter.
(2)
The MMO is to make the results of any such research available to any person
10
on request.
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Advice, assistance and training facilities
(1)
The MMO must provide the Secretary of State with such advice and assistance
as the Secretary of State may request.
(2)
The MMO must, at the request of any public body, provide advice to that body
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on any matter which—
(a)
is within the knowledge or experience of the MMO,
(b)
relates to any of the functions of the MMO or to its general objective,
and
(c)
affects the performance by the public body of its functions.
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(3)
The MMO may provide advice to any person on any matter relating to any of
its functions or its general objective—
(a)
at the request of that person, or
(b)
if the MMO considers it appropriate to do so, on its own initiative.
(4)
The MMO may provide any person with—
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(a)
assistance, or
(b)
the use of training facilities,

as respects any matter of which the MMO has knowledge or experience.
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Provision of information etc
(1)
The MMO may—
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(a)
publish documents or provide information about any matter relating to
any of its functions or its general objective, or
(b)
assist in the provision of such publications or information.
(2)
Nothing in any other enactment imposing a duty or conferring a power on the
MMO—
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(a)
to publish, or assist in the publication of, documents of a particular
kind, or
(b)
to provide, or assist in the provision of, information of a particular kind,

is to be read as limiting the power conferred by subsection (1).