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Index to Marine And Coastal Access Bill [HL]

INTRODUCTION SUMMARY AND BACKGROUND Background Summary of the Bill Terminology describing marine areas Baseline Territorial Seas UK Continental Shelf British Fishery Limits Renewable Energy Zone/ UK pollution zone Exclusive Economic Zone Other terminology PART 1: MARINE MANAGEMENT ORGANISATION Clause 2: General objective Clause 3: Management Chapter 2: Transfer of Functions to the MMO Sea Fish (Conservation) Act 1967 Clause 4: Licensing of fishing boats Clause 5: Restrictions on time spent at sea: appeals Clause 6: Trans-shipment licences for vessels Clause 7: Regulations supplementary to sections 4 and 4A Clause 8: Exemptions for operations for scientific and other purposes Clause 9: Licences to kill or take seals Wildlife and Countryside Act 1981 Clause 10: Wildlife and Countryside Act 1981 Sea Fisheries (Wildlife Conservation) Act 1992 Clause 11: Sea Fisheries (Wildlife Conservation) Act 1992 Generating and renewable energy installations Clause 13: Safety zones: functions under section 95 of the Energy Act 2004 Chapter 3: Flexible Administrative Arrangements involving the MMO Power to enter into agreements Clause 15: Agreement between the MMO and eligible bodies Clause 16: Eligible bodies Clause 17: Non-delegable functions Clause 18: Maximum duration of agreement Supplementary provisions Clause 20: Agreements with local authorities Clause 21: Supplementary provisions with respect to agreements Clause 22: Interpretation General Powers and Duties Clause 24: Advice, assistance and training facilities Clause 25: Provision of information etc Clause 26: Power to charge for services Clause 27: Provision of information by the MMO to the Secretary of State Clause 28: Power to bring proceedings Clause 29: Incidental Powers Financial Provisions Clause 30: Grants Clause 31: Borrowing powers Clause 32: Limit on borrowing Clause 33: Government loans Clause 34: Government guarantees Directions and guidance Transfer schemes etc Clause 38: Interim arrangements PART 2: EXCLUSIVE ECONOMIC ZONE, UK MARINE AREA AND WELSH ZONE Clause 40: UK marine area Clause 41: Welsh zone PART 3: MARINE PLANNING Clause 42: Marine policy statements Clause 43: Preparation and coming into force of statement Clause 44: Review of statement Clause 46: Withdrawal of, or from, statement Chapter 2: Marine Plans Clause 48: Marine plan authorities Clause 49: Marine plans for marine plan areas Clause 50: Amendment of marine plan Clause 51: Withdrawal of marine plan Clause 52: Duty to keep relevant matters under review Chapter 3: Delegation of Functions Relating to Marine Plans Clause 54: Directions under section 53: supplementary provisions Clause 55: Directions to public bodies as regards performance of delegated functions Chapter 4: Implementation and Effect Clause 57: The appropriate marine policy documents Monitoring and reporting Chapter 5: Miscellaneous and General Provisions Clause 60: Powers of the court on an application under section 59 Interpretation and Crown application of this Part PART 4: MARINE LICENSING Clauses 64 & 65: Applications; Notice of applications Clauses 66 & 67: Determination of applications; Inquiries Clause 68: Licences Clause 69: Variation, suspension, revocation and transfer Clause 70: Appeals against licensing decisions Chapter 2: Exemptions and Special Cases Clause 73: Dredging in the Scottish zone Clause 74: Oil and gas activities and carbon dioxide storage Clause 75: Special procedure for applications relating to harbour works Clause 76: Special procedure for applications relating to certain electricity works Clause 77: Electronic communications apparatus Clause 78: Submarine cables on the continental shelf Clause 79: Structures in, over or under a main river Clause 80: Requirements for Admiralty consent under local legislation Clause 81: Byelaws for flood defence and drainage purposes Chapter 3: Enforcement Clause 83: Action taken in an emergency Clause 84: Electronic communications: emergency works Clause 85: Activity licensed by another State Clause 86: Information Enforcement notices Clause 88: Remediation notice Clause 89: Further provision as to enforcement notices Civil sanctions Clause 90: Fixed monetary penalties Clause 91: Fixed monetary penalties: procedure Clause 92: Variable monetary penalties Clause 93: Variable monetary penalties: procedure Clause 94: Further provision about civil sanctions Chapter 4: Delegation Clause 97: Directions to persons as regards performance of delegated functions Chapter 5: Supplementary Stop notices and emergency safety notices Clause 100: Further provision as to stop notices Clauses 101 & 102: Imposition of safety requirements where stop notice is in force; and Further provision as to emergency safety notices Other powers Clause 104: Power to test, and to charge for testing, certain substances Appeals against notices under this Part Offences: supplementary provision Clause 107: Offences: jurisdiction Application to the Crown Consequential and transitional provision Interpretation Clause 111 and 112: The appropriate enforcement authority; and Interpretation of this Part PART 5: NATURE CONSERVATION Clause 113: Marine conservation zones Clause 114: Grounds for designation of MCZs Clause 115: Further provision as to orders designating MCZs Clause 116: Consultation before designation Clause 117: Hearings by appropriate authority Clause 118: Amendment, revocation and review of orders designating MCZs Duties relating to network Clause 120: Report Clause 121: General duties of public authorities in relation to MCZs Clause 122: Duty of public authorities in relation to certain decisions Clause 123: Advice and guidance by conservation bodies Clause 124: Failure to comply with duties etc Clause 125: Byelaws for protection of MCZs in England Clause 126: Byelaws: procedure Clause 127: Emergency byelaws Clause 128: Interim byelaws Clause 129: Further provision as to byelaws Clause 130: Orders for protection of MCZs in Wales Clause 131: Consultation etc regarding orders under section 130 Clause 132: Interim orders Clause 133: Further provision as to orders made under section 130 or 132 Hearings Clause 135: Offences of contravening byelaws or orders Clause 136: Offence of damaging etc protected features of an MCZ Clause 137: Exceptions to offences under section 135 or 136 Fixed monetary penalties Clause 139: Fixed monetary penalties: procedure Clause 140: Further provision about fixed monetary penalties Miscellaneous and supplemental Clause 142: Consequential and transitional provision Clause 143: Interpretation of this Chapter Chapter 2: Other Conservation Sites PART 6: MANAGEMENT OF INSHORE FISHERIES Clause 145: Establishment of inshore fisheries and conservation districts Clause 146: Inshore fisheries and conservation authorities Clause 147: Membership and proceedings of IFC authorities Clause 148: Amendment or revocation of orders under section 145 Main duties Clause 150: Protection of marine conservation zones Byelaws Clause 152: Provision that may be made by byelaw Clause 153: Emergency byelaws Clause 154: Byelaws: supplementary provisions Clause 155: Power of Secretary of State to amend or revoke byelaws Clause 156: Byelaws: procedure Clause 157: Inquiries Clause 158: Evidence of byelaws Offences Clause 160: Powers of court following conviction Enforcement Clause 162: Powers of IFC officers Other powers and duties of IFC authorities Clause 164: Provision of services by IFC authorities Clause 165: Duty of co-operation Clause 166: Information Clause 167: Accounts Clause 168: Annual plan Clause 169: Annual report Clause 170: Supplementary powers Miscellaneous and supplemental Clause 172: IFC authority as party to proceedings Clause 173: Exemption from liability Clause 174: Report by Secretary of State Clause 175: Minor and consequential amendments Clause 176: Application to the Crown Clause 177: Interpretation of this Chapter Chapter 2: Local Fisheries Committees Clause 179: Power to make consequential or transitional provision, etc Chapter 3: Inshore Fisheries in Wales Clause 181: Offences Clause 182: Powers of court following conviction Clause 183: Power to provide services for purposes of enforcement Clause 184: Coast protection boards in Wales PART 7: FISHERIES Clause 186: Regulation of nets and other fishing gear Clause 187: Charging for commercial fishing licences Clause 188: Grant of licences subject to conditions imposed for environmental purposes Clause 189: Power to restrict fishing for sea fish Clause 190: Penalties for offences Clause 191 : Offences by directors, partners, etc Clause 192: Minor and consequential amendments Chapter 2: The Sea Fisheries (Shellfish) Act 1967 Clause 193: Power to make orders as to fisheries for shellfish Clause 194: Purposes for which tolls etc may be applied Clause 195: Increase in penalties for certain offences relating to fisheries for shellfish Clause 196: Liability of master, etc where vessel used in commission of offence Clause 197: Restrictions imposed by grantees, etc Clause 198: Cancellation of licence after single relevant conviction Clause 199: Register of licences Clause 200: Protection of private shellfish beds Clause 201: Use of implements of fishing Clause 202: Taking of crabs and lobsters for scientific purposes Clause 203: Orders prohibiting the taking and sale of certain lobsters Clause 204: Power to appoint an inspector before making orders as to fisheries for shellfish Chapter 3: Migratory and Freshwater Fish Taking fish etc Clause 206: Roe etc Clause 207: Licences to fish Clause 208: Limitation of licences Clause 209: Authorisation to fish Clause 210: Enforcement Clause 211: Power to specify fish Clause 212: Order-making powers: supplementary Clause 213: Definitions relating to fish Byelaws Clause 215: Byelaws: emergency procedures Clause 216: Byelaws: enforcement Clause 217: Byelaws: compensation Supplementary Clause 219: Handling fish Clause 220: Duties of the Environment Agency Clause 221: Tweed and Esk fisheries Clause 222: Keeping, introduction and removal of fish Clause 223: Consequential and supplementary amendments Chapter 4: Obsolete Fisheries Enactments PART 8: ENFORCEMENT Clause 225: Marine enforcement officers Clause 226: Enforcement of marine licensing regime Clause 227: Enforcement of nature conservation legislation Clause 228: Enforcement of fisheries legislation Clause 229: Marine enforcement officers as British Sea Fishery Officers Other enforcement officers Clause 231: Marine licensing: Northern Ireland Clause 232: Marine licensing: enforcement in Scottish offshore region Clause 233: Enforcement of MCZs in Scottish offshore region Interpretation Chapter 2: Common Enforcement Powers Clause 235: Common enforcement powers Entry, search and seizure Clause 237: Power to enter and inspect premises Clause 238: Power to enter and inspect vehicles Clause 239: Dwellings Clause 240: Powers of search, examination, etc Clause 241: Power to require production of documents, etc Clause 242: Powers of seizure, etc Clause 243: Further provision about seizure Clause 244: Retention of seized items Clause 245: Power to record evidence of offences Clause 246: Power to require name and address Clause 247: Power to require production of licence, etc Clause 248: Power to require attendance of certain persons Clause 249: Power to direct vessel or marine installation to port Clause 250: Assistance etc Clause 251: Power to use reasonable force Interpretation Chapter 3: Licensing Enforcement Powers Chapter 4: Fisheries Enforcement Powers Clause 255: Reports of inspections under section 254 Clause 256: Retention of objects seized under section 254(2) Clause 257: Disposal of objects seized under section 254 Seizure for purposes of forfeiture Clause 259: Power to seize fishing gear for purposes of forfeiture Clause 260: Procedure in relation to seizure under section 258 or 259 Clause 261: Retention of property seized under section 258 or 259 Clause 262: Bonds for release of seized fish or gear Clause 263: Power of relevant authority to sell fish in its possession Clause 264: Disposal of property seized under section 258 or 259 Forfeiture Clause 266: Forfeiture etc of fish failing to meet size requirements Clause 267: Further provision about forfeiture under section 264 or 265 Clause 268: Forfeiture by court following conviction Detention of vessels in connection with court proceedings Clause 270: Release of vessels detained under section 269 Clause 271: Power of court to order release of vessels Clause 272: Bonds for release of vessels Clause 273: Power of court to order repayment of bonds Production of equipment Supplementary Clause 276: Conclusion of proceedings Clause 277: Interpretation of this Chapter Chapter 5: Common Enforcement Provisions Duties of enforcement officers Clause 280: Duty to state name and purpose, etc Liability of enforcement officers Offences in relation to enforcement officers Chapter 6: Miscellaneous and Supplementary Administrative penalty schemes Crown application PART 9: COASTAL ACCESS Clause 287: General provisions about the coastal access duty Clause 288: The coastal access scheme Clause 289: Review of the coastal access scheme Clause 290: The English coast Clause 291: River estuaries Implementation of the coastal access duty Clause 293: Access to the coastal margin Clause 294: Establishment and maintenance of the English coastal route etc Clause 295: Restricting liabilities of Natural England and the Secretary of State Clause 296: Occupiers’ liability Clause 297: Isles of Scilly Clause 298: The Crown Clause 299: Interpretation of this Part Clause 300: Powers of National Assembly for Wales PART 10: MISCELLANEOUS Clause 302: Natural England not to be responder for Civil Contingencies Act 2004 Countryside Council for Wales Works detrimental to navigation Harbours Act 1964 PART 11: SUPPLEMENTARY PROVISIONS Clause 307: Directions Clause 308: Offences by directors, partners, etc Clause 309: Disapplication of requirement for consent to certain prosecutions Clause 310: Power to make transitional provisions and savings Clause 311: Repeals Clause 312: Interpretation Clause 313: Extent Clause 314: Commencement Clause 315: Short title SCHEDULE 1: THE MARINE MANAGEMENT ORGANISATION SCHEDULE 2: MINOR AND CONSEQUENTIAL ARRANGEMENTS RELATING TO THE MMO Paragraph 2: Parliamentary Commissioner Act 1967 Paragraph 3: House of Commons Disqualification Act 1975 Paragraph 4: Race Relations Act 1976 Paragraph 5: Inheritance Tax Act 1984 Paragraph 6: Freedom of Information Act 2000 SCHEDULE 3: TRANSFER SCHEMES [JB61S] Paragraph 1: Introductory Paragraph 2: The property, rights and liabilities that may be transferred Paragraph 3: Creation and apportionment of property, rights or liabilities Paragraph 4: Vesting certificates Paragraph 5: Employment contracts Paragraph 6: Employee expressing objection to transfer of contract of employment Paragraph 7: Right to terminate contract of employment for substantial detrimental change in conditions Paragraph 8: Civil servants Paragraph 9: Compensation Paragraph 10: Validity Paragraph 11: Continuity Paragraph 12: Documents Paragraph 13: Remedies Paragraph 14: Interim arrangements Paragraph 15: Retrospective modification of schemes Paragraph 16: Incidental, consequential, supplemental, or transitional provision or savings SCHEDULE 4: EXCLUSIVE ECONOMIC ZONE AND WELSH ZONE: CONSEQUENTIAL AMENDMENTS SCHEDULE 5: PREPARATION OF AN MPS OR OF AMENDMENTS OF AN MPS SCHEDULE 6: MARINE PLANS: PREPARATION AND ADOPTION SCHEDULE 7: FURTHER PROVISION ABOUT CIVIL SANCTIONS UNDER PART 4 Paragraph 1: Interpretation Paragraph 2: Fixed monetary penalties: other sanctions Paragraph 3: Variable monetary penalties: other sanctions Paragraph 4: Combination of sanctions Paragraph 5: Monetary penalties Paragraph 6: Costs recovery Paragraph 7: Appeals Paragraph 8: Consultation Paragraph 9: Guidance as to use of civil sanctions Paragraph 10: Guidance as to enforcement of offences Paragraph 11: Publication of enforcement action Paragraph 12: Payment of penalties into Consolidated Fund etc Paragraph 13: Disclosure of information SCHEDULE 8: LICENSING: MINOR AND CONSEQUENTIAL AMENDMENTS Paragraph 5: Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4 SCHEDULE 9: LICENSING: TRANSITIONAL PROVISION RELATING TO PART 4 Paragraph [8]: Channel Islands and British Overseas Territories Paragraph 9: Dredging Paragraph 10: Water Resources Act 1991 Paragraphs 11 and 12: Electronic Communications Code: England and Wales; Electronic Communications Code: Scotland SCHEDULE 10: FURTHER PROVISION ABOUT FIXED MONETARY PENALTIES UNDER SECTION 138 SCHEDULE 11: CONSEQUENTIAL AMENDMENTS RELATING TO MCZS SCHEDULE 12: TRANSITIONAL PROVISION RELATING TO MCZS SCHEDULE 13: MARINE BOUNDARIES OF SSSIS AND NATIONAL NATURE RESERVES Part 2: Sites of special scientific interest Part 3: National nature reserves SCHEDULE 14: INSHORE FISHERIES AND CONSERVATION AUTHORITIES: AMENDMENTS SCHEDULE 15: SEA FISH (CONSERVATION) ACT 1967: MINOR AND CONSEQUENTIAL AMENDMENTS SCHEDULE 16: MIGRATORY AND FRESHWATER FISH: CONSEQUENTIAL AMENDMENTS SCHEDULE 17: WARRANTS ISSUED UNDER SECTION 239 SCHEDULE 18: FORFEITURE OF PROPERTY UNDER SECTION 265 OR 266 SCHEDULE 19: ESTABLISHMENT AND MAINTENANCE OF ENGLISH COASTAL ROUTE ETC Agreements relating to establishment and maintenance of the route Establishment and maintenance of route in absence of agreement Appeals relating to notices under paragraph 3 Power for Natural England to fund works Erection and maintenance of notices and signs Removal of notices and signs Powers of entry Interpretation of Schedule SCHEDULE 20: AMENDMENTS OF THE HARBOURS ACT 1964 Paragraph 3: Delegation of certain functions Paragraph 4: Consent of Welsh Ministers or Secretary of State required for making of certain orders Paragraph 5: Procedure for dealing with applications for harbour orders; Paragraph 6: Procedure where harbour revision orders are made otherwise than on application and Paragraph 7: Application of paragraphs 5 and 6 SCHEDULE 21: REPEALS EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER IMPACT ASSESSMENT Marine Bill Impact Assessment Coastal Access Impact Assessment CARBON IMPACT EUROPEAN CONVENTION ON HUMAN RIGHTS Part 1: Marine Management Organisation Part 3: Marine Planning Part 4: Marine Licensing Part 5: Marine Conservation Zones Part 6: Inshore Fisheries and Conservation Authorities Part 7: Fisheries Part 8: Enforcement Part 9: Coastal Access Part 10: Miscellaneous TERRITORIAL EXTENT TERRITORIAL APPLICATION: WALES COMMENCEMENT

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