Marine and Coastal Access Act 2009

Section 184

Schedule 14 Inshore fisheries and conservation authorities: amendments

Coast Protection Act 1949 (c. 74)

1 The Coast Protection Act 1949 is amended as follows.

2 In section 2 (constitution of coast protection boards)—

(a) in subsection (2)(b), after “fishery board,” insert “inshore fisheries and conservation authority,”;

(b) in subsection (8)(a), after “(other than the Tweed Commissioners)” insert “, inshore fisheries and conservation authority”.

3 In section 45 (service of notices and other documents), in subsection (1)(b), after “fishery board,” insert “inshore fisheries and conservation authority,”.

4 In section 49(1) (interpretation) after the definition of “functions” insert—

• ““inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;”.

5 In Part 1 of the First Schedule (general provisions concerning procedure for making orders, etc), in paragraph 1(b), after “fishery board,” insert “inshore fisheries and conservation authority,”.

Nuclear Installations Act 1965 (c. 57)

6 In section 3 of the Nuclear Installations Act 1965 (grant and variation of nuclear site licences), in subsection (3), after paragraph (b) insert—

“(ba) any inshore fisheries and conservation authority;”.

Sea Fish (Conservation) Act 1967 (c. 84)

7 In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and other fishing gear), in subsection (7), before “or in any regulation made” insert “or in any byelaw made under section 155 of the Marine and Coastal Access Act 2009,”.

Prevention of Oil Pollution Act 1971 (c. 60)

8 In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after subsection (5) insert—

“(5A) If an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009, or any inshore fisheries and conservation officer appointed by the authority under section 165 of that Act, is authorised in that behalf under subsection (1) of this section, the authority may institute proceedings for any offence under this Act committed within the district.”

Local Government Act 1974 (c. 7)

9 In section 31A of the Local Government Act 1974 (consideration of adverse reports), in subsection (3)—

(a) after paragraph (a) insert—

“(aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,”;

(b) after “that committee” insert “, authority”.

Fisheries Act 1981 (c. 29)

10 In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming: offences to which section 33(1) applies), after paragraph 17A (inserted by the Inshore Fishing (Scotland) Act 1984 (c. 26)) insert—

“17B Any offence under section 163 of the Marine and Coastal Access Act 2009 (contravention of byelaws made by inshore fisheries and conservation authorities).”

Wildlife and Countryside Act 1981 (c. 69)

11 In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of Part 1)—

(a) in paragraph (c) of the definition of “authorised person”, after “the Salmon Fisheries (Scotland) Act 1862” insert “or an inshore fisheries and conservation authority”;

(b) after the definition of “inland waters” insert—

• ““inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;”.

Local Government and Housing Act 1989 (c. 42)

12 The Local Government and Housing Act 1989 is amended as follows.

13 (1) Section 5 (designation and reports of monitoring officer) is amended as follows.

(2) After subsection (3) insert—

“(3A) The references in subsection (2) above, in relation to a relevant authority in England, to a committee or sub-committee of the authority and to a joint committee on which they are represented shall be taken to include references to—

(a) any inshore fisheries and conservation authority (“IFC authority”) the members of which include persons who are members of the relevant authority, and

(b) any sub-committee appointed by such an authority;

but in relation to any such IFC authority or sub-committee the reference in subsection (3)(b) above to each member of the authority shall have effect as a reference to each member of the IFC authority or, as the case may be, of the IFC authority which appointed the sub-committee.”

(3) In subsection (5), after “a relevant authority” insert “and of any IFC authority falling within paragraph (a) of subsection (3A) above”.

(4) In subsection (8), after the definition of “chief finance officer” insert—

• ““inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;”.

14 In section 13 (voting rights of members of certain committees), in subsection (4), after paragraph (f) insert—

“(fa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;”.

15 In paragraph 2(1) of Schedule 1 (political balance on local authority committees etc) after paragraph (bb) insert—

“(bc) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009;”.

Radioactive Substances Act 1993 (c. 12)

16 The Radioactive Substances Act 1993 is amended as follows.

17 In section 47(1) (general interpretation provisions), in the definition of “relevant water body”, after “sewerage undertaker” insert “or an inshore fisheries and conservation authority”.

18 In Schedule 3 (enactments to which section 40 applies), after paragraph 10 insert—

“10A Section 155 of the Marine and Coastal Access Act 2009.”

Freedom of Information Act 2000 (c. 36)

19 In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government bodies which are public authorities), after paragraph 35A insert—

“35B An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.”

Natural Environment and Rural Communities Act 2006 (c. 16)

20 In Schedule 7 to the Natural Environment and Rural Communities Act 2006 (designated bodies), after paragraph 1 insert—

“1A An inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009.”