Marine and Coastal Access Act 2009

59 The appropriate marine policy documents

(1) This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58.

(2) For that purpose—

(a) subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and

(b) subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.

(3) To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.

(4) A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—

(a) it contains a statement under section 51(8) that it includes provision relating to retained functions,

(b) it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and

(c) it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region.

(5) Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities—

(a) any Minister of the Crown;

(b) any government department;

(c) if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;

(d) any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;

(e) any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;

(f) any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.

(6) For the purposes of subsection (5)(f)—

(a) the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and

(b) the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.

(7) In this section—

• “adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));

• “Counsel General” means the Counsel General to the Welsh Assembly Government;

• “devolved marine planning region” means any marine planning region other than—

  (a)

  the English inshore region, and

  (b)

  the English offshore region;

• “devolved policy authority” means—

  (a)

  the Scottish Ministers;

  (b)

  the Welsh Ministers;

  (c)

  the Department of the Environment in Northern Ireland;

• “First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

• “non-departmental public authority” means any public authority other than—

  (a)

  a Minister of the Crown or government department;

  (b)

  the Scottish Ministers;

  (c)

  the Welsh Ministers, the First Minister or the Counsel General;

  (d)

  a Northern Ireland Minister or a Northern Ireland department;

• “Northern Ireland Minister”—

  (a)

  has the same meaning as in the Northern Ireland Act 1998 (c. 47), but

  (b)

  includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

• “primary devolved authority”, in relation to a devolved policy authority, means—

  (a)

  in the case of the Welsh Ministers, the First Minister or the Counsel General;

  (b)

  in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;

• “retained functions” is defined for the purposes of this Part in section 60;

• “secondary devolved functions” has the same meaning as in section 60.