Marine and Coastal Access Act 2009

Adoption and publication of a marine plan

15 (1) A marine plan is “adopted” by a marine plan authority when the authority has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).

(2) A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.

(3) Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not include provision relating to retained functions.

(4) The conferral on a devolved authority by this Part of functions whose exercise is subject to the agreement of the Secretary of State under sub-paragraph (2) does not affect any functions, or the exercise of any functions, of the devolved authority apart from this Part (whenever conferred or imposed).

(5) In sub-paragraph (4) “devolved authority” means—

(a) the Scottish Ministers;

(b) the Welsh Ministers;

(c) the Department of the Environment in Northern Ireland.

(6) The marine plan which a marine plan authority decides to publish may be—

(a) the same as the proposals published in the consultation draft, or

(b) those proposals with such modifications as the marine plan authority thinks fit.

(7) A marine plan authority which adopts a marine plan must publish the plan as soon as reasonably practicable after its adoption, together with statements of each of the following—

(a) any modifications that have been made to the proposals published in the consultation draft,

(b) the reasons for those modifications,

(c) if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.