Marine and Coastal Access Bill [HL]

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]
vi

Appeals against notices under this Part
105
Appeals against notices
Offences: supplementary provision
106
General defence of due diligence
107
Offences: jurisdiction
Application to the Crown
108
Application to the Crown
Consequential and transitional provision
109
Amendments and transitional provision
Interpretation
110
The appropriate licensing authority
111
The appropriate enforcement authority
112
Interpretation of this Part
Part 5
Nature conservation
Chapter 1
Marine conservation zones
Designation of zones
113
Marine conservation zones
114
Grounds for designation of MCZs
115
Further provision as to orders designating MCZs
116
Consultation before designation
117
Hearings by appropriate authority
118
Amendment, revocation and review of orders designating MCZs
Duties relating to network
119
Creation of network of conservation sites
120
Report
Duties of public authorities
121
General duties of public authorities in relation to MCZs
122
Duties of public authorities in relation to certain decisions
123
Advice and guidance by conservation bodies
124
Failure to comply with duties etc
Byelaws for protection of MCZs etc: England
125
Byelaws for protection of MCZs in England

Marine and Coastal Access Bill [HL]
vii

126
Byelaws: procedure
127
Emergency byelaws
128
Interim byelaws
129
Further provision as to byelaws
Orders for protection of MCZs etc: Wales
130
Orders for protection of MCZs in Wales
131
Consultation etc regarding orders under section 130
132
Interim orders
133
Further provision as to orders made under section 130 or 132
Hearings
134
Hearings by Secretary of State or Welsh Ministers
Offences
135
Offence of contravening byelaws or orders
136
Offence of damaging etc protected features of MCZs
137
Exceptions to offences under section 135 or 136
Fixed monetary penalties
138
Fixed monetary penalties
139
Fixed monetary penalties: procedure
140
Further provision about fixed monetary penalties
Miscellaneous and supplemental
141
Application to the Crown
142
Consequential and transitional provision
143
Interpretation of this Chapter
Chapter 2
Other conservation sites
144
Marine boundaries of SSSIs and national nature reserves
Part 6
Management of inshore fisheries
Chapter 1
Inshore fisheries and conservation authorities
Inshore fisheries and conservation districts and authorities
145
Establishment of inshore fisheries and conservation districts
146
Inshore fisheries and conservation authorities
147
Membership and proceedings of IFC authorities
148
Amendment or revocation of orders under section 145

Marine and Coastal Access Bill [HL]
viii

Main duties
149
Management of inshore fisheries
150
Protection of marine conservation zones
Byelaws
151
Power to make byelaws
152
Provision that may be made by byelaw
153
Emergency byelaws
154
Byelaws: supplementary provisions
155
Power of Secretary of State to amend or revoke byelaws
156
Byelaws: procedure
157
Inquiries
158
Evidence of byelaws
Offences
159
Offences
160
Powers of court following conviction
Enforcement
161
Inshore fisheries and conservation officers
162
Powers of IFC officers
Other powers and duties of IFC authorities
163
Development, etc of fisheries
164
Provision of services by IFC authorities
165
Duty of co-operation
166
Information
167
Accounts
168
Annual plan
169
Annual report
170
Supplementary powers
Miscellaneous and supplemental
171
Expenses of IFC authorities
172
IFC authority as party to proceedings
173
Exemption from liability
174
Report by Secretary of State
175
Minor and consequential amendments
176
Application to the Crown
177
Interpretation of this Chapter
Chapter 2
Local fisheries committees
178
Abolition of local fisheries committees
179
Power to make consequential or transitional provision, etc

Marine and Coastal Access Bill [HL]
ix

Chapter 3
Inshore fisheries in Wales
180
Power of Welsh Ministers in relation to fisheries in Wales
181
Offences
182
Powers of court following conviction
183
Power to provide services for purposes of enforcement
184
Coast protection boards in Wales
Part 7
Fisheries
Chapter 1
The Sea Fish (Conservation) Act 1967
185
Size limits for sea fish
186
Regulation of nets and other fishing gear
187
Charging for commercial fishing licences
188
Grant of licences subject to conditions imposed for environmental purposes
189
Power to restrict fishing for sea fish
190
Penalties for offences
191
Offences by directors, partners, etc
192
Minor and consequential amendments
Chapter 2
The Sea Fisheries (Shellfish) Act 1967
193
Power to make orders as to fisheries for shellfish
194
Purposes for which tolls etc may be applied
195
Increase in penalties for certain offences relating to fisheries for shellfish
196
Liability of master, etc where vessel used in commission of offence
197
Restrictions imposed by grantees, etc
198
Cancellation of licence after single relevant conviction
199
Register of licences
200
Protection of private shellfish beds
201
Use of implements of fishing
202
Taking of crabs and lobsters for scientific purposes
203
Orders prohibiting the taking and sale of certain lobsters
204
Power to appoint inspector before making orders as to fisheries for shellfish
Chapter 3
Migratory and freshwater fish
Taking fish etc
205
Prohibited implements
206
Roe etc
207
Licences to fish
208
Limitation of licences

Marine and Coastal Access Bill [HL]
x

209
Authorisation to fish
210
Enforcement
211
Power to specify fish
212
Order-making powers: supplementary
213
Definitions relating to fish
Byelaws
214
Power to make byelaws
215
Byelaws: emergency procedures
216
Byelaws: enforcement
217
Byelaws: compensation
Supplementary
218
Theft of fish from private fisheries etc
219
Handling fish
220
Duties of the Environment Agency
221
Tweed and Esk fisheries
222
Keeping, introduction and removal of fish
223
Consequential and supplementary amendments
Chapter 4
Obsolete fisheries enactments
224
Repeal of spent or obsolete enactments
Part 8
Enforcement
Chapter 1
Enforcement officers
Marine enforcement officers
225
Marine enforcement officers
226
Enforcement of marine licensing regime
227
Enforcement of nature conservation legislation
228
Enforcement of fisheries legislation
229
Marine enforcement officers as British sea-fishery officers
Other enforcement officers
230
Marine licensing: oil and gas, etc
231
Marine licensing: Northern Ireland
232
Marine licensing: enforcement in Scottish offshore region
233
Enforcement of MCZs in Scottish offshore region
Interpretation
234
Interpretation of this Chapter

Marine and Coastal Access Bill [HL]
xi

Chapter 2
Common enforcement powers
Introductory
235
Common enforcement powers
Entry, search and seizure
236
Power to board and inspect vessels and marine installations
237
Power to enter and inspect premises
238
Power to enter and inspect vehicles
239
Dwellings
240
Powers of search, examination, etc
241
Power to require production of documents, etc
242
Powers of seizure, etc
243
Further provision about seizure
244
Retention of seized items
Miscellaneous and ancillary powers
245
Power to record evidence of offences
246
Power to require name and address
247
Power to require production of licence, etc
248
Power to require attendance of certain persons
249
Power to direct vessel or marine installation to port
250
Assistance etc
251
Power to use reasonable force
Interpretation
252
Interpretation of this Chapter
Chapter 3
Licensing enforcement powers
253
Power to require information relating to certain substances and objects
Chapter 4
Fisheries enforcement powers
Inspection and seizure of objects at sea
254
Power to inspect and seize objects at sea
255
Reports of inspections under section 254
256
Retention of objects seized under section 254 (2)
257
Disposal of objects seized under section 254
Seizure for purposes of forfeiture
258
Power to seize fish for purposes of forfeiture

Marine and Coastal Access Bill [HL]
xii

259
Power to seize fishing gear for purposes of forfeiture
260
Procedure in relation to seizure under section 258 or 259
261
Retention of property seized under section 258 or 259
262
Bonds for release of seized fish or gear
263
Power of relevant authority to sell seized fish in its possession
264
Disposal of property seized under section 258 or 259
Forfeiture
265
Forfeiture etc of prohibited items
266
Forfeiture etc of fish failing to meet size requirements
267
Further provision about forfeiture under section 265 or 266
268
Forfeiture by court following conviction
Detention of vessels in connection with court proceedings
269
Power to detain vessels in connection with court proceedings
270
Release of vessels detained under section 269
271
Power of court to order release of vessels
272
Bonds for release of vessels
273
Power of court to order repayment of bonds
Production of equipment
274
Power to require production of certain equipment
Supplementary
275
Service of notices, etc
276
Conclusion of proceedings
277
Interpretation of this Chapter
Chapter 5
Common enforcement provisions
Introductory
278
Meaning of “enforcement officer”
Duties of enforcement officers
279
Duty to provide evidence of authority
280
Duty to state name and purpose, etc
Liability of enforcement officers
281
Liability of enforcement officers etc
Offences in relation to enforcement officers
282
Offences in relation to enforcement officers

© Parliamentary copyright 2008
Revised 5 December 2008