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| 91N | Insert the following new Clause— |
| | "Meaning of "retained functions" etc |
| (1) | For the purposes of this Part, the functions of a public authority which are "retained functions" as respects any marine planning region are those functions of the public authority which, as respects that region, are not any of the following— |
| (a) | Scottish Ministerial functions (see subsection (2)); |
| (b) | Welsh Ministerial functions (see subsection (2)); |
| (c) | Northern Ireland government functions (see subsection (2)); |
| (d) | secondary devolved functions (see subsection (3)); |
| (e) | relevant ancillary functions (see subsection (5)). |
| | "Northern Ireland government functions" means— |
| (a) | any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9)); |
| (b) | any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department; |
| (c) | the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function; |
| | "Scottish Ministerial functions" means— |
| (a) | any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions; |
| (b) | any concurrent functions, so far as exercised by the Scottish Ministers; |
| (c) | the function exercised by the Scottish Ministers when exercising a joint function; |
| | "Welsh Ministerial functions" means— |
| (a) | any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions; |
| (b) | any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General; |
| (c) | the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function. |
| (3) | "Secondary devolved functions" means— |
| (a) | as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish functions; |
| (b) | as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh functions; |
| (c) | as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland functions. |
| | See subsection (4) for the definition of each of those descriptions of secondary devolved functions. |
| | "secondary devolved Northern Ireland functions" means any of the following— |
| (a) | any functions exercisable by a Northern Ireland non-departmental public authority; |
| (b) | any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998 (c. 47)); |
| | "secondary devolved Scottish functions" means any of the following— |
| (a) | any functions exercisable by a Scottish non-departmental public authority; |
| (b) | any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998 (c. 46)); |
| | "secondary devolved Welsh functions" means any of the following— |
| (a) | any functions exercisable by a Welsh non-departmental public authority; |
| (b) | any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales; |
| (c) | any functions exercisable by a non-departmental public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales; |
| | but the definitions in this subsection are subject to subsection (6) (which excludes certain functions in relation to which functions are exercisable by a Minister of the Crown or government department). |
| (5) | "Relevant ancillary functions" means any functions exercisable by a non-departmental public authority in relation to any of the following— |
| (a) | a Scottish Ministerial function; |
| (b) | a Welsh Ministerial function; |
| (c) | a Northern Ireland government function; |
| (d) | a secondary devolved function; |
| | but this subsection is subject to subsection (6). |
| (6) | Where functions are exercisable by a Minister of the Crown or government department in relation to a function of a non-departmental public authority, the function of the non-departmental public authority is not— |
| (a) | a secondary devolved Scottish function; |
| (b) | a secondary devolved Welsh function; |
| (c) | a secondary devolved Northern Ireland function; |
| (d) | a relevant ancillary function; |
| | but this subsection is subject to subsection (7). |
| (7) | Functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to functions of a non-departmental public authority merely because— |
| (a) | the agreement of a Minister of the Crown or government department is required to the exercise of a function of the non-departmental public authority; |
| (b) | a Minister of the Crown or government department must be consulted by the non-departmental public authority, or by a primary devolved authority, about the exercise of a function of the non-departmental public authority; |
| (c) | a Minister of the Crown or government department may exercise functions falling within subsection (8) in relation to functions of the non-departmental public authority. |
| (8) | The functions mentioned in subsection (7)(c) are— |
| (a) | functions under section 2(2) of the European Communities Act 1972 (c. 68); |
| (b) | functions by virtue of section 57(1) of the Scotland Act 1998 (c. 46) (Community obligations) or under section 58 of that Act (international obligations); |
| (c) | functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) (international obligations and quotas for international obligations); |
| (d) | functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, the Government of Wales Act 2006 (c. 32) (Community obligations) or under section 82 of that Act (international obligations etc); |
| (e) | functions under section 152 of that Act (intervention in case of functions relating to water etc). |
| | "concurrent function" means a function exercisable concurrently with a Minister of the Crown or government department; |
| | "Counsel General" means the Counsel General to the Welsh Assembly Government; |
| | "devolved policy authority" means— |
| (a) | the Scottish Ministers; |
| (c) | the Department of the Environment in Northern Ireland; |
| | "First Minister" has the same meaning as in the Government of Wales Act 2006 (c. 32); |
| | "joint function" means a function exercisable jointly with a Minister of the Crown or government department; |
| | "non-departmental public authority" has the same meaning as in section 57; |
| | "Northern Ireland Minister"— |
| (a) | has the same meaning as in the Northern Ireland Act 1998 (c. 47), but |
| (b) | includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act; |
| | "Northern Ireland non-departmental public authority" means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department; |
| | "primary devolved authority" means any of the following— |
| (a) | the Scottish Ministers; |
| (b) | the Welsh Ministers, the First Minister or the Counsel General; |
| (c) | a Northern Ireland Minister or a Northern Ireland department; |
| | "Scottish non-departmental public authority" means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers; |
| | "Welsh non-departmental public authority" means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General." |
| 92 | Page 31, line 32, at end insert— |
| "( ) | This section makes provision for and in connection with imposing the following duties on a marine plan authority— |
| (a) | where it has prepared and adopted a marine plan, a duty to keep the matters specified in subsection (2) under review for so long as the marine plan is in effect (see subsections (1) and (2)); |
| (b) | in any such case, a duty to prepare and publish, and lay a copy of, a report on those matters at intervals of not more than 3 years (see subsections (3) to (7)); |
| (c) | in any case, a duty to prepare, and lay, at intervals of not more than 6 years ending before 1st January 2030, a report on— |
| (i) | any marine plans it has prepared and adopted, |
| (ii) | its intentions for their amendment, and |
| (iii) | its intentions for the preparation and adoption of any further marine plans, |
| | (see subsections (8) to (11))." |
| 93 | Page 31, line 44, at end insert— |
| "( ) | Where the marine plan authority publishes a report under subsection (3), the authority must lay a copy of the report before the appropriate legislature." |
| 94 | Page 32, line 3, after "report" insert "under subsection (3)" |
| 95 | Page 32, line 5, leave out "report, successive reports" and insert "report under subsection (3), successive reports under that subsection" |
| 96 | Page 32, line 14, at end insert— |
| "(8) | Each marine plan authority must from time to time prepare and lay before the appropriate legislature a report which— |
| (a) | identifies any marine plans which the authority has prepared and adopted; |
| (b) | describes any intentions the authority may have for the amendment of any marine plans which it has prepared and adopted; |
| (c) | describes any intentions the authority may have for the preparation and adoption of any further marine plans. |
| (9) | The first report prepared under subsection (8) by each marine plan authority must be laid before the appropriate legislature before the expiration of the period of 6 years beginning with the date of the passing of this Act. |
| (10) | After a marine plan authority has prepared and laid its first report under subsection (8), it must prepare and lay successive reports under that subsection at intervals of no more than 6 years following the laying of the previous report. |
| (11) | No report under subsection (8) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030." |
| 97 | Page 32, line 14, at end insert— |
| "( ) | For the purposes of this section, the "appropriate legislature" is— |
| (a) | in the case of the Secretary of State, 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." |
| | LORD WALLACE OF TANKERNESS |
| 98 | Page 32, line 38, at end insert— |
| "( ) | the Court of Session, if the relevant document is a marine plan or an amendment of a marine plan for an area within the Scottish offshore plan;" |
| 99 | Page 33, leave out lines 12 to 14 |
| 99A | Page 34, line 19, leave out "57" and insert "(Meaning of "retained functions" etc)" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 99B* | Page 37, line 10, at end insert— |
| "(2A) | In subsection (2) "persons likely to be interested" includes each principal local authority whose area includes or is adjacent to a location or an area or part of an area that is the subject of the application." |
| 100 | Page 41, line 17, at end insert— |
| "( ) | The appropriate licensing authority for an area may only issue an order under subsection (1) where that order does not compromise the requirements under section 66." |
| 101 | Page 41, line 17, at end insert— |
| "( ) | Activities specified under subsection (1) require notification to be made in the register defined under section 98." |
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