Marine and Coastal Access Act 2009

Chapter 3 U.K. Delegation of functions relating to marine plans

55 Delegation of functions relating to marine plans U.K.

(1) A marine plan authority may give directions under this section.

(2) A direction under this section is a direction which—

(a) designates any of the delegable marine plan functions which would (apart from directions under this section) be exercisable by or in relation to the authority, and

(b) directs that those functions, instead of being so exercisable, are to be exercisable by or in relation to such public body, acting on behalf of the authority, as is designated in the direction.

(3) An authority which gives a direction under this section may do so only with the consent of the public body.

(4) The public body—

(a) must comply with the direction, and

(b) is to be taken to have all the powers necessary to do so.

(5) In this section “delegable marine plan functions” means—

(a) functions under Chapter 2 of this Part (marine plans), and

(b) functions under section 61 (monitoring etc of implementation),

other than excepted functions.

(6) The “excepted functions” are the following functions of a marine plan authority—

(a) deciding under paragraph 15 of Schedule 6 whether to publish a marine plan or any amendment of a marine plan;

(b) deciding under section 53 whether to withdraw a marine plan.

(7) No direction may be given under this section in respect of any of the following functions of the Secretary of State—

(a) deciding under paragraph 5 of Schedule 6 whether to give agreement to a statement of public participation;

(b) deciding under paragraph 7 of that Schedule whether to give agreement to a revised statement of public participation;

(c) deciding under paragraph 11 of that Schedule whether to give agreement to a consultation draft;

(d) deciding under paragraph 15 of that Schedule whether to give agreement to a marine plan;

(e) deciding under section 53 whether to withdraw agreement previously given under that paragraph to a marine plan.

56 Directions under section 55: supplementary provisions U.K.

(1) An authority which gives a direction under section 55 must publish the direction in a way calculated to bring the direction to the attention of persons likely to be interested in or affected by it.

(2) For so long as a direction given and published under that section remains in force, the designated functions are exercisable by or in relation to the public body acting on behalf of the authority (and are not exercisable by or in relation to the authority).

(3) Subsection (2) is subject to any provision to the contrary which—

(a) is made by the direction, or

(b) is included in a direction under section 57.

(4) A direction under section 55 may include—

(a) such terms or conditions,

(b) such obligations or requirements,

(c) such financial provisions,

as the authority giving the direction may determine.

(5) Directions under section 55 may make different provision for different cases, different areas or different public bodies.

57 Directions to public bodies as regards performance of delegated functions U.K.

(1) This section applies where any functions are exercisable by or in relation to a public body by virtue of a direction given under section 55 by an authority.

(2) The authority may from time to time give directions to the public body with respect to the performance of the functions.

(3) Before giving any such directions, the authority must consult the public body.

(4) A public body to which directions are given under this section must comply with the directions.

(5) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be interested in or affected by it.