- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
4(1)Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—
(a)is in effect immediately before the commencement date, and
(b)relates to the doing of anything which—
(i)falls within section 5 or 6 of that Act, and
(ii)is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,
has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).
(2)In accordance with sub-paragraph (1)—
(a)a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;
(b)any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.
(3)Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).
(4)Any application for a FEPA licence which—
(a)was made before the commencement date, and
(b)relates to an activity which—
(i)falls within section 5 or 6 of FEPA, and
(ii)on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,
has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.
(5)An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.
5(1)Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—
(a)makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or
(b)within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.
(2)Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.
6The amendments made by paragraph 2 of Schedule 8 do not affect the operation of section 10 of FEPA in relation to anything carried out otherwise than under and in accordance with a FEPA licence before the commencement date.
7(1)This paragraph applies in any case where—
(a)immediately before the commencement date, an authority was required to maintain under section 14 of FEPA a register (the “FEPA register”) containing information of any particular description in respect of any particular area,
(b)on that date the authority ceased to be required to maintain a register under that section containing information of that description in respect of that area, and
(c)as from that date the authority is required to maintain a register under section 101 of this Act (the “new register”) containing information in respect of that area.
(2)In any such case, the authority must include in the new register any information falling within sub-paragraph (1)(a) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.
(3)For the purpose of giving effect to this paragraph—
(a)references in section 101 to marine licences are to be read as including references to FEPA licences, and
(b)references in that section to this Part of this Act or to any provision of this Part are to be read as including references to Part 2 of FEPA or to the corresponding provision of that Part.
8(1)In this paragraph “relevant territory” means any of the following—
(a)any of the Channel Islands;
(b)any British overseas territory.
(2)An Order in Council under section 26 of FEPA which is in force immediately before the commencement date remains in force, and may be revoked, amended or re-enacted, as if that section had not been repealed.
(3)If it appears to Her Majesty—
(a)that provision with respect to the licensing of marine activities has been made in the law of any relevant territory, and
(b)that that provision was made otherwise than by virtue of an Order in Council under section 323 extending provisions of this Act,
Her Majesty may by Order in Council repeal any provisions of Part 2 or 4 of FEPA as they have effect as part of the law of that territory.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys