Marine and Coastal Access Act 2009 (c. 23)

Part 4 U.K. Marine licensing

Modifications etc. (not altering text)

C1 Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)

C2 Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)

C3 Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C4 Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)

C5 Pt. 4 modified (E.W.S.) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C6 Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C7 Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

C8 Pt. 4 modified (E.W.S.) (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)

Chapter 2 U.K. Exemptions and special cases

Special provisions in certain cases U.K.

80 Electronic communications apparatus U.K.

(1) A licensing authority must not grant a marine licence to carry on any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the Electronic Communications Code unless it is satisfied that adequate compensation arrangements have been made.

(2) For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

(a) who appear to that authority to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

(b) for any loss or damage sustained by those persons in consequence of the activity being carried on.

(3) In paragraph 11 of the Electronic Communications Code omit—

(a) sub-paragraphs (3) to (10);

(b) in sub-paragraph (11), the definition of “remedial works”.

(4) In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

Commencement Information

I1 S. 80 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)