Coast Protection Act 1949

Part IV U.K. Supplementary

41 Expenses. U.K.

(1) Save as expressly provided in this Act, any expenses incurred by the Minister or by the [F1 Secretary of State] or any other Minister or government department under this Act shall be defrayed out of moneys provided by Parliament.

(2) Any increase attributable to this Act in the sums payable out of moneys provided by Parliament under [F2 Part I of the M1 Local Government Act 1974 or Part I of the M2 Local Government (Scotland) Act 1966], shall be defrayed out of moneys so provided.

Textual Amendments

F1 Words substituted by virtue of S.I. 1970/1681

F2 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

Marginal Citations

M1 1974 c. 7.

M2 1966 c. 51.

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 42 repealed by Local Government Act 1972 (c. 70), Sch. 30 and Local Government (Scotland) Act 1973 (c. 65), Sch. 29

43 Penalties for offences. U.K.

Save as hereinbefore expressly provided, any person committing an offence under any provision of this Act shall be liable on summary conviction, in the case of a first offence under that provision, to a fine not exceeding [F4 ten pounds][F4 level 3 on the standard scale] and, in the case of a second or any subsequent offence thereunder, to a fine not exceeding [F4 fifty pounds][F4 level 3 on the standard scale].

Textual Amendments

F4 S. 43 for “ten pounds” and “fifty pounds” there is substituted (S.) in each case “level 3 on the standard scale” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

Modifications etc. (not altering text)

C1 S. 43 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C2 S. 43 S.I. 1984/703 (N.I.3), arts. 5 (substitution of references to levels on the standard scale) 6 (increase of fines) and 9 (in relation to liability on first and subsequent convictions) apply (N.I.)

44 Regulations and orders. U.K.

(1) Any power conferred on the Minister by this Act to make regulations shall be exercisable by statutory instrument; and every such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any power conferred by this Act on the Minister or on Ministers or on a [F5 coast protection authority] [F5 coastal erosion risk management authority] to make an order or give any directions shall include a power, exercisable in the like manner and subject to the like conditions, to revoke or vary the order or directions.

Textual Amendments

F5 Words in s. 44(2) substituted (E.W.) (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 22 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(d) (with art. 4(1)); S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

Modifications etc. (not altering text)

C3 S. 44(2) applied (E.W.) (2.2.1991) by S.I. 1991/205, art. 3(2)

45 Service of notices and other documents. E+W

(1) Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a) by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b) in the case of the council of a county, [F6 county borough,] . . . F7 district [F8 or in Scotland the council of a region, islands area or district], or an incorporated company or body, [F9 [F10 including the Environment Agency, the Natural Resources Body for Wales and an] internal drainage board, or a coast protection board], fishery board, [F11 inshore fisheries and conservation authority, ] F12 ... conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c) in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2) The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M3 Acquisition of Land (Authorisation Procedure) Act 1946, or the M4 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a [F13 coastal erosion risk management authority ] or to the creation of such rights as are mentioned in section twenty-seven of this Act.

Extent Information

E1 This version of this provision extends to England and Wales only; a seperate version has been created for Scotland only.

Textual Amendments

F6 Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1

F7 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F8 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)

F9 Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(6), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F10 Words in s. 45(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 10 (with Sch. 7)

F11 Words in s. 45(1)(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 3; S.I. 2011/556, art. 2(2)(k)

F12 Words in s. 45(1)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F13 Words in s. 45(2) substituted (E.W.) (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 23 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(d) (with art. 4(1)); S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

Marginal Citations

M3 1946 c. 49.

M4 1947 c. 42.

45 Service of notices and other documents. S+N.I.

(1) Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a) by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b) in the case of the council of a county, [F49 county borough,] . . . F50 district [F51 or in Scotland [F52 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]], or an incorporated company or body,or a coast protection board, river board or other drainage authority, fishery board, [F11 inshore fisheries and conservation authority, ] [F12 local fisheries committee,] conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c) in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2) The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M13 Acquisition of Land (Authorisation Procedure) Act 1946, or the M14 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a coast protection authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.

Extent Information

E3 This version of this provision extends to Scotland and Northern Ireland only: a seperate version has been created for England and Wales only.

Textual Amendments

F11 Words in s. 45(1)(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 3; S.I. 2011/556, art. 2(2)(k)

F12 Words in s. 45(1)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F49 Words in s. 45(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(5); S.I. 1996/396, art. 3, Sch.1

F50 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F51 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(e)

F52 Words in s. 45(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(5); S.I. 1996/323, art.4(1)(c)

Marginal Citations

M13 1946 c. 49.

M14 1947 c. 42.

46 Local inquiries. U.K.

(1) The Minister or the [F14 Secretary of State] may cause a local inquiry to be held in any case where it appears to him to be advisable to do so in connection with any matter arising under this Act.

(2) Notice of any such inquiry shall be given in such manner as the Minister, or the [F14 Secretary of State], as the case may be, may direct, and all persons interested shall be permitted to attend the inquiry and to be heard thereat.

(3) The provisions of subsections (2) to (5) of [F15 section two hundred and fifty of the M5 Local Government Act 1972] (which relate to evidence at local inquiries and to defraying the costs thereof) shall apply to all inquiries held under this Act:

Provided that subsection (4) of that section (which requires the Minister’s costs of such an inquiry to be defrayed by the parties thereto) shall not apply in relation to any inquiry unless it is so directed by the Minister or Ministers at whose instance the inquiry is held.

(4) In the application of this section to Scotland, there shall be substituted for any reference to subsections (2) to (5) of [F15 section two hundred and fifty of the M6 Local Government Act 1972], a reference to [F16 subsection (2) and subsections (4) to (8) of section 210 of the M7 Local Government (Scotland) Act 1973], and the proviso to subsection (3) of this section shall be omitted.

(5) Any inquiry in relation to an order under this Act affecting Scotland only, and which becomes in certain circumstances subject to special parliamentary procedure, shall, if the Minister or the [F14 Secretary of State] so directs, be held by Commissioners under the M8 Private Legislation Procedure (Scotland) Act 1936, and where any direction is so given—

(a) it shall be deemed to have been given under section two, as read with section ten, of the M9 Statutory Orders (Special Procedure) Act 1945;

(b) if publication of notice in accordance with paragraph 1 of the First Schedule to this Act or paragraph 1 of the Second Schedule thereto, as the case may be, has been made, the provisions of subsection (1) of the aforesaid section two with regard to advertisement of notice shall be deemed to have been complied with; and

(c) the provisions of subsection (3) of this section shall not apply to such inquiry.

Textual Amendments

F14 Words substituted by virtue of S.I. 1970/1681

F15 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F16 Words substituted by Local Government (Scotland) Act 1973 (c. 65). s. 138(2)(f)

Modifications etc. (not altering text)

C4 S. 46 extended by Continental Shelf Act 1964 (c. 29), s. 4

Marginal Citations

M5 1972 c. 70.

M6 1972 c. 70.

M7 1973 c. 65.

M8 1936 c. 52.

M9 1945 c. 18 (9 & 10 Geo. 6).

47 Savings. U.K.

Nothing in this Act or in any order made thereunder shall—

(a) [F17 affect the powers conferred on the [F18 Secretary of State] under the M10 Dockyard Ports Regulation Act 1865;]

(b) [F19 [F20 affect any right conferred by or in accordance with [F21 the electronic communications code on the operator of an electronic communications code network ] or any duty of any such operator under that code;]]

[F22 (c) authorise or require any person—

(i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by a [F23 river authority] or other drainage authority, or

(ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by a [F23 river authority] or other drainage authority,

unless the [F23 river authority or other] authority consents or the work is to be done by, or under a scheme prepared by, a coast protection board on which the [F23 river authority or other] authority is represented and is to be carried out in the area of that coast protection board;]

[F22 (c) authorise or require any person—

(i) to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable [F24 by the Environment Agency, the Natural Resources Body for Wales or an] internal drainage board, or]

(ii) to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained [F25 by the Environment Agency, the Natural Resources Body for Wales or an] internal drainage board,

[F26 unless the Environment Agency, the Natural Resources Body for Wales] or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board [F27 on which the Environment Agency, the Natural Resources Body for Wales or the internal drainage board is represented] and is to be carried out in the area of that coast protection board;

(d) [F28 authorise or require any person to carry out any work or do anything in contravention of the [F29 the Ancient Monuments and Archaeological Areas Act 1979]; or]

(e) authorise or require any person to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed for the drainage of agricultural land in Scotland, unless the Secretary of State consents.

Textual Amendments

F17 S. 47(a) repealed (E.W.) (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 2; S.I. 2011/556, art. 3(2)(d)

F18 Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), s. 3(2)

F19 S. 47(b) repealed (E.W.) (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 2; S.I. 2011/556, art. 3(2)(d)

F20 S. 47(b) substituted by Telecommunications Act 1984 (c. 12, SIF 96), ss. 2, 109, 110(2), Sch. 4 para. 27

F21 Words in s. 47(b) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 19 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F22 S. 47(c) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F23 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F24 Words in s. 47(c)(i) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 11(2) (with Sch. 7)

F25 Words in s. 47(c)(ii) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 11(2) (with Sch. 7)

F26 Words in s. 47(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 11(3)(a) (with Sch. 7)

F27 Words in s. 47(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 11(3)(b) (with Sch. 7)

F28 S. 47(d) repealed (E.W.) (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 2; S.I. 2011/556, art. 3(2)(d)

F29 Words substituted by virtue of Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 64(2), Sch. 4 para. 2

Marginal Citations

M10 1865 c. 125.

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 U.K.

Textual Amendments

F30 S. 48, Sch. 3 repealed by Statute Law Revision Act 1953 (c. 5)

49 Interpretation. E+W

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31 “appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• F32 [“drainage authority” [F33 means the Environment Agency, the Natural Resources Body for Wales or] an internal drainage board;]

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• [F34 “coast protection work” means any of the following done for the purpose of managing a coastal erosion risk (within the meaning of Part 1 of the Flood and Water Management Act 2010)—

  (a)

  anything done to construct, alter, repair, maintain or remove works;

  (b)

  anything done for the purpose of maintaining or restoring natural processes;

  (c)

  planting vegetation.]

• “conservancy authority” and “harbour authority” have the same meanings as in the [F35 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31 “England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M11 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36 “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;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• F37 ...

• “local highway authority” means a highway authority other than the [F38 Secretary of State];

• “maritime . . . F39 district” means a . . . F39 district [F40 or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F41 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F42 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

• subject to the provisions of [F44 [F45 subsection (2)] of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F44 [F45 subsection (2)] of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M12 Tweed Fisheries Act 1857;

• [F31 “Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

F46 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F47 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

Extent Information

E2 This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland only.

Textual Amendments

F31 Words in s. 49(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 12(2) (with Sch. 7)

F32 Definitions in s. 49(1) substituted (E.W.) (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1, para. 6

F33 Words in s. 49(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 12(3) (with Sch. 7)

F34 Words in s. 49 substituted (E.W.) (19.7.2011 for E., 1.10.2011 for W.) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 2 para. 24 (with s. 49(1)(6)); S.I. 2011/1770, art. 3(d) (with art. 4(1)); S.I. 2011/2204, art. 3(2)(b) (with art. 5(1))

F35 S. 49: Words in definition substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 25

F36 Words in s. 49(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 4; S.I. 2011/556, art. 2(2)(k)

F37 Words in s. 49(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F38 Words substituted by virtue of S.I. 1970/1681

F39 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F40 S. 49: Words in definition inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F41 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F42 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F43 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F44 S. 49(1) in the definitions of “sea” and “seashore” words substituted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(a), Sch. 8 para. 1

F45 Words in s. 49(1) substituted (E.W.) (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 1(3) (with s. 111); S.I. 2011/556, art. 3(2)(a)

F46 S. 49(2A) repealed (E.W.) (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 2; S.I. 2011/556, art. 3(2)(d)

F47 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F48 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M11 1923 c. 16.

M12 1857 c. cxlviii.

49 Interpretation. S

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31 “appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• “catchment board” and “drainage authority” have the same meanings as in the M15 Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F53 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31 “England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M16 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36 “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;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• [F37 “local fisheries committee” means a committee constituted under the M17 [F54 Sea Fisheries Regulation Act 1966];]

• “local highway authority” means a highway authority other than the [F55 Secretary of State];

• “maritime . . . F56 district” means a . . . F56 district [F57 or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F58 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F59 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

• subject to the provisions of [F61 subsections (2) and (2A) of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F61 subsections (2) and (2A) of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M18 Tweed Fisheries Act 1857;

• [F31 “Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

F62 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F63 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

[F65 and the following definitions shall be inserted in the alphabetically appropriate place—

• “local roads authority” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;

• “road”has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;]

Extent Information

E4 This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and for Northern Ireland only.

Textual Amendments

F31 Words in s. 49(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 12(2) (with Sch. 7)

F36 Words in s. 49(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 4; S.I. 2011/556, art. 2(2)(k)

F37 Words in s. 49(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F53 S. 49(1): Words in definition substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 25

F54 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F55 Words substituted by virtue of S.I. 1970/1681

F56 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F57 S.49(1): Words in definition inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III, para. 5(6); S.I. 1996/396, art. 3 Sch.1

F58 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F59 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F60 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F61 S. 49(1) in the definitions of “sea” and “seashore” words substituted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(a), Sch. 8 para. 1

F62 S. 49(2A) repealed (S.) (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), s. 168(1), sch. 4 para. 1(b) (with s. 162); S.S.I. 2011/58, art. 3(d)

F63 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F64 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F65 S. 49(4) definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(5)

Marginal Citations

M15 1930 c. 44.

M16 1923 c. 16.

M17 1966 c. 38.

M18 1857 c. cxlviii.

49 Interpretation. N.I.

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31 “appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• “catchment board” and “drainage authority” have the same meanings as in the M19 Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F66 Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31 “England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M20 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36 “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;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• [F37 “local fisheries committee” means a committee constituted under the M17 [F54 Sea Fisheries Regulation Act 1966];]

• “local highway authority” means a highway authority other than the [F67 Secretary of State];

• “maritime . . . F68 district” means a . . . F68 district [F69 or Welsh county or county borough]any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F70 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F71 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

• subject to the provisions of the next following subsection “sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of the next following subsection “seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M21 Tweed Fisheries Act 1857;

• [F31 “Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F73 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

Extent Information

E5 This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales only and for Scotland only.

Textual Amendments

F31 Words in s. 49(1) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 12(2) (with Sch. 7)

F36 Words in s. 49(1) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 4; S.I. 2011/556, art. 2(2)(k)

F37 Words in s. 49(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F54 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F66 Words in s. 49(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316, Sch. 13 para. 25

F67 Words substituted by virtue of S.I. 1970/1681

F68 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F69 Words in s. 49 inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art.3, Sch.

F70 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F71 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F72 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F73 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F74 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal Citations

M17 1966 c. 38.

M19 1930 c. 44.

M20 1923 c. 16.

M21 1857 c. cxlviii.

50 Short title and extent. U.K.

(1) This Act may be cited as the Coast Protection Act 1949.

(2) Parts I and II of this Act shall not extend to Northern Ireland.