Marine and Coastal Access Act 2009 (c. 23)

Part 1 U.K. The Marine Management Organisation

Chapter 3 U.K. Agreements involving the MMO for the exercise of functions

Powers to enter into agreements U.K.

15 Agreements between the MMO and eligible bodies U.K.

(1) The MMO may, with the approval of the Secretary of State, enter into an agreement with an eligible body authorising the eligible body to perform any function of the MMO—

(a) either in relation to the UK marine area or in relation to specified parts of that area;

(b) subject to paragraph (a), either generally or in specified cases.

“Specified” means specified in the agreement.

(2) For the purposes of this Chapter, any reference to a function of the MMO includes a reference to a function exercisable by a person authorised, appointed or employed by the MMO.

(3) The Secretary of State's approval may be given—

(a) in relation to a particular agreement or in relation to a description of agreements;

(b) unconditionally or subject to conditions specified in the approval.

(4) Subject to subsection (6), the Secretary of State—

(a) must review an agreement under this section no later than the end of the period of 5 years beginning with the date on which the agreement was entered into or was last reviewed by the Secretary of State, and

(b) if it appears appropriate to do so in the light of the review, may cancel the agreement.

(5) Subject to subsection (6), an agreement under this section may not be varied except—

(a) by agreement between the MMO and the eligible body, and

(b) with the approval of the Secretary of State.

(6) An approval given under subsection (1) may provide that subsection (4) or (5) does not apply (or that both of them do not apply).

(7) This section is subject to sections 17 and 18 (non-delegable functions and maximum duration of agreement).

Commencement Information

I1 S. 15 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 2