Marine and Coastal Access Bill [HL]
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
Clauses 43 to 45
Schedule 5
Clauses 46 to 49
Schedule 6
Clauses 50 to 94
Schedule 7
Clauses 95 to 109
Schedules 8 and 9
Clauses 110 to 140
Schedule 10
Clauses 141 and 142
Schedules 11 and 12
Clauses 143 and 144
Schedule 13
Clauses 145 to 175
Schedule 14 | Clauses 176 to 192
Schedule 15
Clauses 193 to 223
Schedule 16
Clauses 224 to 239
Schedule 17
Clauses 240 to 267
Schedule 18
Clauses 268 to 294
Schedule 19
Clauses 295 to 305
Schedule 20
Clauses 306 to 311
Schedule 21
Clauses 312 to 315 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 85C | Page 22, line 19, at end insert— |
| "(2A) | Where a policy authority, as defined in section 42(4), decides not to prepare an MPS jointly with the other policy authorities, they must publish notice in each of the Gazettes (as defined in section 46(9)) of their intention not to prepare an MPS and provide their reasons." |
| 85CA | Page 22, line 24, at end insert— |
| "( ) | When preparing an MPS, the policy authorities must carry out an appraisal of the sustainability of the policy." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill. |
| 85D | Page 22, leave out lines 26 and 27 and insert— |
| "(1) | For so long as an MPS is in effect, the policy authority must keep under review each of the matters referred to in subsection (2). |
| (a) | the effects of the policies in the MPS; |
| (b) | the effectiveness of those policies in securing that the objectives for which the MPS was prepared and adopted are met; |
| (c) | the progress being made towards securing those objectives. |
| (3) | The policy authorities must from time to time prepare and publish a report on the matters kept under review pursuant to subsection (1). |
| (4) | After publishing a report under subsection (3), the policy authority must decide whether or not to amend or replace the marine plan. |
| (5) | The first report must be published before the expiration of five years beginning with the date on which the MPS was adopted. |
| (6) | After the publication of the first report, successive reports must be published at intervals of no more than five years following the date of publication of the previous report. |
| (7) | Any reference in this section to the replacement of an MPS is a reference to preparing and adopting, in accordance with the provisions of this Part, a fresh MPS which replaces an earlier MPS as determined by section 43(3)." |
| 85DZA | Page 22, line 26, leave out "that prepared and adopted an MPS" |
| 85DA | Page 22, line 27, at end insert— |
| "( ) | A policy authority which did not prepare and adopt an MPS may delegate to the policy authority or authorities that did so its duty under "this section"." |
| 85DB | Page 22, line 29, leave out from second "time" to end of line 30 |
| 85DBA | Page 22, line 30, at end insert— |
| "( ) | Before amending an MPS, the policy authorities must carry out an appraisal of the sustainability of the policy set out in the proposed amendment." |
| 85DBB | Page 22, line 31, leave out subsection (2) and insert— |
| "( ) | The policy authorities may amend an MPS only if the consultation, publicity and parliamentary requirements set out in Schedule 5 have been complied with in relation to the proposed amendment." |
| 85DC | Insert the following new Clause— |
| | "Suspension pending review |
| (1) | This section applies if a policy authority thinks that the condition in subsection (2) or (3) is met. |
| (2) | The condition is that— |
| (a) | since the time when an MPS was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the MPS was decided, |
| (b) | the change was not anticipated at that time, and |
| (c) | if the change had been anticipated at that time, any of the policy set out in the MPS would have been materially different. |
| (3) | The condition is that— |
| (a) | since the time when part of an MPS ("the relevant part") was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided, |
| (b) | the change was not anticipated at that time, and |
| (c) | if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different. |
| (4) | In the case of an MPS prepared by the Secretary of State acting alone, the Secretary of State, or in any other case the policy authorities in question, may suspend the operation of all or any part of the MPS until a review of the statement or the relevant part has been completed. |
| (5) | In the event of suspension under subsection (4) the designation as an MPS of the statement or (as the case may be) the part of the statement that has been suspended is treated as having been withdrawn and the provisions of section 46 shall apply." |
| 85DD | Page 226, line 37, at end insert "or revision" |
| 85E | Page 226, line 38, at end insert— |
| "(2A) | The relevant authorities must prepare an SPP in accordance with the requirements of international law and previously agreed and published guidance for public participation in the development of marine policy documents." |
| 85F | Page 227, line 17, leave out "may" and insert "must" |
| 85G | Page 227, line 18, at end insert "including information on the requirement to hold a public meeting following representation from interested persons" |
| 85H | Page 227, line 29, at end insert— |
| "(2A) | In considering the need to revise the SPP, the relevant authorities must consider any representations from interested persons regarding the SPP itself." |
| 85J | Page 227, line 33, at end insert— |
| | "Sustainability appraisal |
| | 6A (1) The relevant authorities preparing an MPS must carry out an appraisal of the sustainability of its proposals for inclusion in the MPS, including an assessment against alternative proposals. |
| (2) | The appraisal under sub-paragraph (1) must incorporate the requirements of European Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment. |
| (3) | The relevant authorities may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so. |
| (4) | The relevant authorities must publish a report of the results of the appraisal, and this report must include the relevant authorities' reasons, based on the appraisal, for the proposals included in the consultation draft under paragraph 7. |
| (5) | The report is to be published when the relevant authorities publish the consultation draft under paragraph 7." |
| 85JA | Page 227, line 33, at end insert— |
| | "Sustainability appraisal |
| | 6A (1) The relevant authorities preparing an MPS must carry out an appraisal of the sustainability of its proposals for inclusion in the MPS, including an assessment against alternative proposals. |
| (2) | For the purpose of complying with the requirement of sub-paragraph (1), the relevant authorities must assess whether a strategic environmental assessment is required under European Directive 2001/42/EC and any UK enabling regulations. |
| (3) | For the avoidance of doubt, if the relevant authorities determine that a strategic environmental assessment is required in accordance with sub-paragraph (2), the carrying out of the strategic environmental assessment will be taken to meet the requirements of sub-paragraph (1). |
| (4) | The relevant authorities may proceed with those proposals for inclusion within an MPS only if it considers that the results of the appraisal indicate that it is appropriate to do so. |
| (5) | The relevant authorities must publish a report of the results of the appraisal, and this report must include the relevant authorities' reasons, based on the appraisal, for the proposals included in the consultation draft under paragraph 7. |
| (6) | The report is to be published when the relevant authorities publish the consultation draft under paragraph 7." |
| 85K | Page 228, line 31, leave out sub-paragraph (6) |
| 86 | Page 229, line 18, at end insert ", and |
| (c) | laying a copy of the final text before the appropriate legislature. |
| (1A) | The appropriate legislature is— |
| (a) | in the case of the Secretary of State, Parliament; |
| (b) | in the case of the Scottish Minister, the Scottish Parliament; |
| (c) | in the case of the Welsh Ministers, the National Assembly for Wales; |
| (d) | in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly." |
| 86A | Page 229, line 18, at end insert— |
| "( ) | A policy authority may not adopt the final text until is has been approved by a resolution of all Houses of the appropriate legislature." |
| 86B | Page 229, line 20, after "practicable" insert ", but not longer than three months," |
| 86C | Page 229, line 24, after "period" insert ", but not longer than six months," |
| 86D | Page 229, line 25, at end insert— |
| "(4) | Should a relevant authority not adopt the final text under sub-paragraph (3), that authority must publish their reasons for not doing so." |
| 86E | Page 23, line 4, at end insert "and |
| (c) | publishes their reasons for withdrawal," |
| 86F | Page 23, line 6, at end insert— |
| "(1A) | Before withdrawing from an MPS, the policy authority must be able to show that they have first tried to solve the issue via an amendment to the MPS under section 45." |
| | LORD WALLACE OF TANKERNESS |
| 86FA | Page 23, line 6, at end insert— |
| "(1A) | It shall be competent for the appropriate legislative body to make provision requiring the relevant public authority to obtain prior approval for the publication of a notice under subsection (1)(b)." |
| 86G | Page 23, line 8, at end insert ", allowing three months for consultation with the other policy authorities to try and avert withdrawal" |
| 86GZA | Page 23, line 9, after first "MPS" insert "prepared by the Secretary of State acting alone" |
| 86GZB | Page 23, line 11, leave out "other" |
| 86GZC | Page 23, line 11, after "authority" insert "other than the Secretary of State acting alone" |
| 86GZD | Page 23, line 17, leave out "the withdrawal of the MPS" and insert "this" |
| 86GZE | Page 23, line 19, leave out "other" |
| 86GZF | Page 23, line 19, after "authority" insert "other than the Secretary of State acting alone" |
| 86GZG | Page 23, line 29, leave out paragraph (b) |
| 86GA | Page 23, line 30, at end insert— |
| "( ) | Where any authority considers another constituent authority is failing to comply with the conditions of the MPS, they should have the power to convene a meeting of authorities concerned to resolve the matter." |
| | LORD WALLACE OF TANKERNESS |
| 86GB | Page 23, line 31, at end insert— |
| | ""appropriate legislative body" means— |
| (a) | in the case of the Secretary of State, each House of Parliament; |
| (b) | in the case of the Scottish Ministers, the Scottish Parliament; |
| (c) | in the case of the Welsh Ministers, the National Assembly for Wales; |
| (d) | in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly; and |
| | "relevant public authority" shall be construed accordingly;" |
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