The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

Citation, commencement and expiry E+W

1.—(1) This Order may be cited as the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011.

(2) It comes into force on 1st April 2011.

(3) Article 8 ceases to have effect on 1st April 2015.

Interpretation E+W

2.—(1) In this Order—

“transfer date” means 1st April 2011;

“the transferee” means the IFC authority referred to in article 3(2);

“the transferor” means the local fisheries committee referred to in article 3(1).

(2) Expressions used in this Order that are also used in Chapters 1 and 2 of Part 6 of the Marine and Coastal Access Act 2009 have the meaning they bear in those Chapters.

Transfer of employees E+W

3.—(1) This paragraph applies in relation to any person (a “relevant employee”) who, immediately before the transfer date, was employed by or on behalf of a local fisheries committee listed in the left hand column of the table in Schedule 1 (“the transferor”) and whose contract of employment was not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise).

(2) On the transfer date, all relevant employees transfer to, and become employees of, the IFC authority listed in the corresponding entry to the transferor in the right hand column of the table in Schedule 1 (“the transferee”).

(3) The contract of employment of a relevant employee—

(a) is not terminated by the transfer;

(b) has effect on and after the transfer date as if originally made between that employee and the transferee.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities under or in connection with the contract of employment of a relevant employee transfer to the transferee on the transfer date; and

(b) anything done before the transfer date by, or in relation, to the transferor in respect of a relevant employee or their contract of employment, is deemed to have been done by, or in relation to, the transferee.

(5) Paragraphs (2) to (4) do not transfer a relevant employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with that contract, if the employee has objected to the transfer to the transferee and had informed the transferor of that objection on or before 31st March 2011.

(6) Where a relevant employee so objects, their contract of employment with the transferor is terminated immediately before the date on which the transfer would have occurred and that employee is not to be treated, for any purpose, as having been dismissed by the transferor.

(7) Nothing in this article affects any right of a relevant employee to terminate their contract of employment with the transferor if (apart from the change of employer) a substantial and detrimental change is made to the employee’s working conditions.

Transfer of property, rights and liabilities E+W

4.—(1) On the transfer date, the following transfer to and vest in the transferee—

(a) all property held by or on behalf of the transferor immediately before that date; and

(b) all rights and liabilities to which the transferor was entitled or subject immediately before that date including any rights conferred on the transferor by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967(1).

(2) But rights transferred by virtue of paragraph (1)(b) do not include any rights to which article 3 applies.

(3) On and after the transfer date, all property of a relevant council held for the purposes of the transferor immediately before that date is held by the council for the purposes of the transferee.

(4) Paragraph (1) has effect in spite of any provision (of whatever nature) that would prevent or restrict the transfer of the property, rights or liabilities in question otherwise than by that paragraph.

Continuation of proceedings etc E+W

5.—(1) Nothing in article 3 or 4 affects the validity of anything done by or in relation to the transferor before the transfer date.

(2) There may be continued by or in relation to the transferee anything (including legal proceedings) which—

(a) relates to any of the functions that were exercisable by the transferor immediately before the transfer date or to any property, rights or liabilities transferred by article 4;

(b) is in the process of being done by or in relation to the transferor immediately before the transfer date; and

(c) could lawfully be undertaken by or in relation to the transferee.

(3) Anything—

(a) done by the transferor for the purposes of or in connection with any of the functions which were exercisable by it immediately before the transfer date or for the purposes of or in connection with any property, rights or liabilities transferred by article 4; and

(b) in effect immediately before the transfer date,

has effect on and after the transfer date as if done by the transferee to the extent that the transferee could lawfully undertake that action.

(4) The transferee is substituted for the transferor in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions that were exercisable by the transferor immediately before the transfer date.

Local fisheries committee byelaws E+W

6.—(1) This article applies in relation to byelaws(2) made by a local fisheries committee.

(2) Where any provision of a byelaw—

(a) is in force immediately before the transfer date;

(b) has effect in relation to an area all or part of which is comprised in an IFC district; and

(c) is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,

the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.

Environment Agency byelaws within an IFC district E+W

7.—(1) This article applies in relation to byelaws made by the Environment Agency exercising the powers of a local fisheries committee(3).

(2) Where any provision of a byelaw—

(a) is in force immediately before the transfer date;

(b) has effect in relation to an area of river, stream or estuary all or part of which is comprised in an IFC district; and

(c) is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,

the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.

Environment Agency byelaws outside an IFC district E+W

8.—(1) This article applies in relation to the following byelaws made by the Environment Agency exercising the powers of a local fisheries committee—

(a) the Sea Fisheries Byelaw 1998(4);

(b) byelaws 1, 2, 6, 7, 9, 10, 11, 13 and 14 of the Thames Region Sea Fishery Byelaws 2009(5); and

(c) byelaws 1 to 4 of the Sea Fisheries Fixed Engine Prohibition Byelaws 2010(6).

(2) Where any provision of the byelaws referred to in paragraph (1)—

(a) is in force immediately before the transfer date;

(b) has effect in relation to an area of river, stream or estuary that falls outside the boundary of an IFC district; and

(c) is such as could be comprised in an order made by the Secretary of State under section 1, 3, 5 or 5A of the Sea Fish (Conservation) Act 1967(7),

the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in such an order made by the Secretary of State.

(3) For the purposes of enforcing the provisions referred to in this article, the Environment Agency(8) may appoint officers with the powers mentioned in section 238(1) of the Marine and Coastal Access Act 2009.

Amendments and revocations E+W

9.  On the coming into force of this Order—

(a) the enactments specified in Part 1 of Schedule 2 are amended in accordance with that Part; and

(b) the enactments specified in Part 2 of Schedule 2 are revoked.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

2nd March 2011