Marine and Coastal Access Act 2009

  1. Introductory Text

  2. Part 1 The Marine Management Organisation

    1. Chapter 1 Establishment

      1. 1.The Marine Management Organisation

      2. 2.General objective

      3. 3.Performance

    2. Chapter 2 Transfer of functions to the MMO

      1. Sea Fish (Conservation) Act 1967

        1. 4.Licensing of fishing boats

        2. 5.Restrictions on time spent at sea: appeals

        3. 6.Trans-shipment licences for vessels

        4. 7.Regulations supplementary to sections 4 and 4A

        5. 8.Exemptions for operations for scientific and other purposes

      2. Nature conservation

        1. 9.Licences to kill or take seals

        2. 10. Wildlife and Countryside Act 1981

        3. 11.Sea Fisheries (Wildlife Conservation) Act 1992

      3. Generating and renewable energy installations

        1. 12.Certain consents under section 36 of the Electricity Act 1989

        2. 13.Safety zones: functions under section 95 of the Energy Act 2004

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

      1. Powers to enter into agreements

        1. 14.Agreements between the Secretary of State and the MMO

        2. 15.Agreements between the MMO and eligible bodies

        3. 16.Eligible bodies

        4. 17.Non-delegable functions

        5. 18.Maximum duration of agreement

      2. Supplementary provisions

        1. 19.Particular powers

        2. 20.Agreements with certain harbour authorities

        3. 21.Supplementary provisions with respect to agreements

        4. 22.Interpretation of this Chapter

    4. Chapter 4 Miscellaneous, general and supplemental provisions

      1. Applications for development consent

        1. 23.MMO's role in relation to applications for development consent

      2. General powers and duties

        1. 24.Research

        2. 25.Advice, assistance and training facilities

        3. 26.Provision of information etc

        4. 27.Power to charge for services

        5. 28.Provision of information by the MMO to the Secretary of State

        6. 29.Power to bring proceedings

        7. 30.Continuation of certain existing prosecutions

        8. 31.Incidental powers

      3. Financial provisions

        1. 32.Grants

        2. 33.Borrowing powers

        3. 34.Limit on borrowing

        4. 35.Government loans

        5. 36.Government guarantees

      4. Directions and guidance

        1. 37.Directions by the Secretary of State

        2. 38.Guidance by the Secretary of State

      5. Transfer schemes etc

        1. 39.Transfer schemes

        2. 40.Interim arrangements

  3. Part 2 Exclusive economic zone, UK marine area and Welsh zone

    1. 41.Exclusive economic zone

    2. 42.UK marine area

    3. 43.Welsh zone

  4. Part 3 Marine planning

    1. Chapter 1 Marine policy statement

      1. 44.Marine policy statement

      2. 45.Preparation and coming into effect of statement

      3. 46.Review of statement

      4. 47.Amendment of statement

      5. 48.Withdrawal of, or from, statement

    2. Chapter 2 Marine plans

      1. 49.Marine planning regions

      2. 50.Marine plan authorities

      3. 51.Marine plans for marine plan areas

      4. 52.Amendment of marine plan

      5. 53.Withdrawal of marine plan

      6. 54.Duty to keep relevant matters under review

    3. Chapter 3 Delegation of functions relating to marine plans

      1. 55.Delegation of functions relating to marine plans

      2. 56.Directions under section 55: supplementary provisions

      3. 57.Directions to public bodies as regards performance of delegated functions

    4. Chapter 4 Implementation and effect

      1. Decisions affected by an MPS or marine plan

        1. 58.Decisions affected by marine policy documents

        2. 59.The appropriate marine policy documents

        3. 60.Meaning of “retained functions” etc

      2. Monitoring and reporting

        1. 61.Monitoring of, and periodical reporting on, implementation

    5. Chapter 5 Miscellaneous and general provisions

      1. Validity of documents under this Part

        1. 62.Validity of marine policy statements and marine plans

        2. 63.Powers of the court on an application under section 62

      2. Interpretation and Crown application

        1. 64.Interpretation and Crown application of this Part

  5. Part 4 Marine licensing

    1. Chapter 1 Marine licences

      1. 65.Requirement for licence

      2. 66.Licensable marine activities

      3. 67.Applications

      4. 68.Notice of applications

      5. 69.Determination of applications

      6. 70.Inquiries

      7. 71.Licences

      8. 72.Variation, suspension, revocation and transfer

      9. 73.Appeals against licensing decisions

    2. Chapter 2 Exemptions and special cases

      1. Exemptions

        1. 74.Exemptions specified by order

        2. 75.Exemptions for certain dredging etc activities

        3. 76.Dredging in the Scottish zone

        4. 77.Oil and gas activities and carbon dioxide storage

      2. Special provisions in certain cases

        1. 78.Special procedure for applications relating to harbour works

        2. 79.Special procedure for applications relating to certain electricity works

        3. 80.Electronic communications apparatus

        4. 81.Submarine cables on the continental shelf

        5. 82.Structures in, over or under a main river

        6. 83.Requirements for Admiralty consent under local legislation

        7. 84.Byelaws for flood defence and drainage purposes

    3. Chapter 3 Enforcement

      1. Offences

        1. 85.Breach of requirement for, or conditions of, a licence

        2. 86.Action taken in an emergency

        3. 87.Electronic communications: emergency works

        4. 88.Activity licensed by another State

        5. 89.Information

      2. Enforcement notices

        1. 90.Compliance notice

        2. 91.Remediation notice

        3. 92.Further provision as to enforcement notices

      3. Civil sanctions

        1. 93.Fixed monetary penalties

        2. 94.Fixed monetary penalties: procedure

        3. 95.Variable monetary penalties

        4. 96.Variable monetary penalties: procedure

        5. 97.Further provision about civil sanctions

    4. Chapter 4 Delegation

      1. 98.Delegation of functions relating to marine licensing

      2. 99.Orders under section 98: supplementary provisions

      3. 100.Directions to persons as regards performance of delegated functions

    5. Chapter 5 Supplementary

      1. Register

        1. 101.Register

      2. Stop notices and emergency safety notices

        1. 102.Notice to stop activity causing serious harm etc

        2. 103.Further provision as to stop notices

        3. 104.Emergency safety notices

        4. 105.Further provision as to emergency safety notices

      3. Other powers

        1. 106.Power to take remedial action

        2. 107.Power to test, and charge for testing, certain substances

      4. Appeals against notices under this Part

        1. 108.Appeals against notices

      5. Offences: supplementary provision

        1. 109.General defence of due diligence

        2. 110.Offences: jurisdiction

      6. Application to the Crown

        1. 111.Application to the Crown

      7. Consequential and transitional provision

        1. 112.Amendments and transitional provision

      8. Interpretation

        1. 113.The appropriate licensing authority

        2. 114.Meaning of “enforcement authority”

        3. 115.Interpretation of this Part

  6. Part 5 Nature conservation

    1. Chapter 1 Marine conservation zones

      1. Designation of zones

        1. 116.Marine conservation zones

        2. 117.Grounds for designation of MCZs

        3. 118.Further provision as to orders designating MCZs

        4. 119.Consultation before designation

        5. 120.Publication of orders designating MCZs

        6. 121.Hearings by appropriate authority

        7. 122.Amendment, revocation and review of orders designating MCZs

      2. Duties relating to network

        1. 123.Creation of network of conservation sites

        2. 124.Report

      3. Duties of public authorities

        1. 125.General duties of public authorities in relation to MCZs

        2. 126.Duties of public authorities in relation to certain decisions

        3. 127.Advice and guidance by conservation bodies

        4. 128.Failure to comply with duties etc

      4. Byelaws for protection of MCZs etc: England

        1. 129.Byelaws for protection of MCZs in England

        2. 130.Byelaws: procedure

        3. 131.Emergency byelaws

        4. 132.Interim byelaws

        5. 133.Further provision as to byelaws

      5. Orders for protection of MCZs etc: Wales

        1. 134.Orders for protection of MCZs in Wales

        2. 135.Consultation etc regarding orders under section 134

        3. 136.Interim orders

        4. 137.Further provision as to orders made under section 134 or 136

      6. Hearings

        1. 138.Hearings by Secretary of State or Welsh Ministers

      7. Offences

        1. 139.Offence of contravening byelaws or orders

        2. 140.Offence of damaging etc protected features of MCZs

        3. 141.Exceptions to offences under section 139 or 140

      8. Fixed monetary penalties

        1. 142.Fixed monetary penalties

        2. 143.Fixed monetary penalties: procedure

        3. 144.Further provision about fixed monetary penalties

      9. Miscellaneous and supplemental

        1. 145.Application to the Crown

        2. 146.Consequential and transitional provision

        3. 147.Interpretation of this Chapter

    2. Chapter 2 Other conservation sites

      1. 148.Marine boundaries of SSSIs and national nature reserves

  7. Part 6 Management of inshore fisheries

    1. Chapter 1 Inshore fisheries and conservation authorities

      1. Inshore fisheries and conservation districts and authorities

        1. 149.Establishment of inshore fisheries and conservation districts

        2. 150.Inshore fisheries and conservation authorities

        3. 151.Membership and proceedings of IFC authorities

        4. 152.Amendment or revocation of orders under section 149

      2. Main duties

        1. 153.Management of inshore fisheries

        2. 154.Protection of marine conservation zones

      3. Byelaws

        1. 155.Power to make byelaws

        2. 156.Provision that may be made by byelaw

        3. 157.Emergency byelaws

        4. 158.Byelaws: supplementary provision

        5. 159.Power of Secretary of State to amend or revoke byelaws

        6. 160.Byelaws: procedure

        7. 161.Inquiries

        8. 162.Evidence of byelaws

      4. Offences

        1. 163.Offences

        2. 164.Powers of court following conviction

      5. Enforcement

        1. 165.Inshore fisheries and conservation officers

        2. 166.Powers of IFC officers

      6. Power to delegate functions

        1. 167.Power to enter into agreements with eligible bodies

        2. 168.Eligible bodies

        3. 169.Variation, review and cancellation of agreements under section 167

        4. 170.Agreements under section 167: particular powers

        5. 171.Supplementary provisions with respect to agreements under section 167

      7. Other powers and duties of IFC authorities

        1. 172.Development, etc of fisheries

        2. 173.Provision of services by IFC authorities

        3. 174.Duty of co-operation

        4. 175.Information

        5. 176.Accounts

        6. 177.Annual plan

        7. 178.Annual report

        8. 179.Supplementary powers

      8. Miscellaneous and supplemental

        1. 180.Expenses of IFC authorities

        2. 181.IFC authority as party to proceedings

        3. 182.Exemption from liability

        4. 183.Report by Secretary of State

        5. 184.Minor and consequential amendments

        6. 185.Application to the Crown

        7. 186.Interpretation of this Chapter

    2. Chapter 2 Local fisheries committees

      1. 187.Abolition of local fisheries committees

      2. 188.Power to make consequential or transitional provision, etc

    3. Chapter 3 Inshore fisheries in Wales

      1. 189.Power of Welsh Ministers in relation to fisheries in Wales

      2. 190.Offences

      3. 191.Powers of court following conviction

      4. 192.Power to provide services for purposes of enforcement

      5. 193.Miscellaneous amendments

  8. Part 7 Fisheries

    1. Chapter 1 The Sea Fish (Conservation) Act 1967

      1. 194.Size limits for sea fish

      2. 195.Regulation of nets and other fishing gear

      3. 196.Charging for commercial fishing licences

      4. 197.Grant of licences subject to conditions imposed for environmental purposes

      5. 198.Power to restrict fishing for sea fish

      6. 199.Penalties for offences

      7. 200.Offences by directors, partners, etc

      8. 201.Minor and consequential amendments

    2. Chapter 2 The Sea Fisheries (Shellfish) Act 1967

      1. 202.Power to make orders as to fisheries for shellfish

      2. 203.Variation etc of orders as a result of development

      3. 204.Purposes for which tolls etc may be applied

      4. 205.Increase in penalties for certain offences relating to fisheries for shellfish

      5. 206.Liability of master, etc where vessel used in commission of offence

      6. 207.Restrictions imposed by grantees, etc

      7. 208.Cancellation of licence after single relevant conviction

      8. 209.Register of licences

      9. 210.Protection of private shellfish beds

      10. 211.Use of implements of fishing

      11. 212.Taking of crabs and lobsters for scientific purposes

      12. 213.Orders prohibiting the taking and sale of certain lobsters

      13. 214.Power to appoint inspector before making orders as to fisheries for shellfish

    3. Chapter 3 Migratory and freshwater fish

      1. Taking fish etc

        1. 215.Prohibited implements

        2. 216.Roe etc

        3. 217.Licences to fish

        4. 218.Limitation of licences

        5. 219.Authorisation to fish

        6. 220.Enforcement

        7. 221.Power to specify fish

        8. 222.Order-making powers: supplementary

        9. 223.Definitions relating to fish

      2. Byelaws

        1. 224.Power to make byelaws

        2. 225.Byelaws: emergency procedures

        3. 226.Byelaws: enforcement

        4. 227.Byelaws: compensation

      3. Supplementary

        1. 228.Theft of fish from private fisheries etc

        2. 229.Handling fish

        3. 230.Duties of the Environment Agency

        4. 231.Tweed and Esk fisheries

        5. 232.Keeping, introduction and removal of fish

        6. 233.Consequential and supplementary amendments

    4. Chapter 4 Obsolete fisheries enactments

      1. 234.Repeal of spent or obsolete enactments

  9. Part 8 Enforcement

    1. Chapter 1 Enforcement officers

      1. Marine enforcement officers

        1. 235.Marine enforcement officers

        2. 236.Enforcement of marine licensing regime

        3. 237.Enforcement of nature conservation legislation

        4. 238.Enforcement of fisheries legislation

        5. 239.Marine enforcement officers as British sea-fishery officers

      2. Other enforcement officers

        1. 240.Marine licensing: oil and gas and other reserved matters

        2. 241.Marine licensing: Northern Ireland

        3. 242.Marine licensing: enforcement in Scottish offshore region

        4. 243.Enforcement of MCZs in Scottish offshore region

      3. Interpretation

        1. 244.Interpretation of this Chapter

    2. Chapter 2 Common enforcement powers

      1. Introductory

        1. 245.Common enforcement powers

      2. Entry, search and seizure

        1. 246.Power to board and inspect vessels and marine installations

        2. 247.Power to enter and inspect premises

        3. 248.Power to enter and inspect vehicles

        4. 249.Dwellings

        5. 250.Powers of search, examination, etc

        6. 251.Power to require production of documents, etc

        7. 252.Powers of seizure, etc

        8. 253.Further provision about seizure

        9. 254.Retention of seized items

      3. Miscellaneous and ancillary powers

        1. 255.Power to record evidence of offences

        2. 256.Power to require name and address

        3. 257.Power to require production of licence, etc

        4. 258.Power to require attendance of certain persons

        5. 259.Power to direct vessel or marine installation to port

        6. 260.Assistance etc

        7. 261.Power to use reasonable force

      4. Interpretation

        1. 262.Interpretation of this Chapter

    3. Chapter 3 Licensing enforcement powers

      1. 263.Power to require information relating to certain substances and objects

    4. Chapter 4 Fisheries enforcement powers

      1. Inspection and seizure of objects at sea

        1. 264.Power to inspect and seize objects at sea

        2. 265.Reports of inspections under section 264

        3. 266.Retention of objects seized under section 264(2)

        4. 267.Disposal of objects seized under section 264

      2. Seizure for purposes of forfeiture

        1. 268.Power to seize fish for purposes of forfeiture

        2. 269.Power to seize fishing gear for purposes of forfeiture

        3. 270.Procedure in relation to seizure under section 268 or 269

        4. 271.Retention of property seized under section 268 or 269

        5. 272.Bonds for release of seized fish or gear

        6. 273.Power of relevant authority to sell seized fish in its possession

        7. 274.Disposal of property seized under section 268 or 269

      3. Forfeiture

        1. 275.Forfeiture etc of prohibited items

        2. 276.Forfeiture etc of fish failing to meet size requirements

        3. 277.Further provision about forfeiture under section 275 or 276

        4. 278.Forfeiture by court following conviction

      4. Detention of vessels in connection with court proceedings

        1. 279.Power to detain vessels in connection with court proceedings

        2. 280.Release of vessels detained under section 279

        3. 281.Power of court to order release of vessels

        4. 282.Bonds for release of vessels

        5. 283.Power of court to order repayment of bonds

      5. Production of equipment

        1. 284.Power to require production of certain equipment

      6. Supplementary

        1. 285.Service of notices, etc

        2. 286.Conclusion of proceedings

        3. 287.Interpretation of this Chapter

    5. Chapter 5 Common enforcement provisions

      1. Introductory

        1. 288.Meaning of “enforcement officer”

      2. Duties of enforcement officers

        1. 289.Duty to provide evidence of authority

        2. 290.Duty to state name and purpose, etc

      3. Liability of enforcement officers

        1. 291.Liability of enforcement officers etc

      4. Offences in relation to enforcement officers

        1. 292.Offences in relation to enforcement officers

    6. Chapter 6 Miscellaneous and supplementary

      1. Enforcement of Community rules

        1. 293.Enforcement of Community rules

      2. Administrative penalty schemes

        1. 294.Administrative penalty schemes

      3. Crown application

        1. 295.Application to the Crown

  10. Part 9 Coastal access

    1. The coastal access duty

      1. 296.The coastal access duty

      2. 297.General provision about the coastal access duty

      3. 298.The coastal access scheme

      4. 299.Review of the coastal access scheme

      5. 300.The English coast

      6. 301.River estuaries

    2. Implementation of the coastal access duty

      1. 302.Long-distance routes

      2. 303.Access to the coastal margin

      3. 304.Establishment and maintenance of the English coastal route etc

    3. Liabilities

      1. 305.Restricting liabilities of Natural England and the Secretary of State

      2. 306.Occupiers' liability

    4. General

      1. 307.Isles of Scilly

      2. 308.The Crown

      3. 309.Interpretation of this Part

    5. Wales

      1. 310.Powers of National Assembly for Wales

  11. Part 10 Miscellaneous

    1. Natural England

      1. 311.Area in which functions of Natural England exercisable

      2. 312.Natural England not to be responder for Civil Contingencies Act 2004

    2. Countryside Council for Wales

      1. 313.Area in which functions of Countryside Council for Wales exercisable

    3. Works detrimental to navigation

      1. 314.Works detrimental to navigation

    4. Harbours Act 1964

      1. 315.Amendments of the Harbours Act 1964

  12. Part 11 Supplementary provisions

    1. 316.Regulations and orders

    2. 317.Directions

    3. 318.Offences by directors, partners, etc

    4. 319.Disapplication of requirement for consent to certain prosecutions

    5. 320.Power to make transitional provisions and savings

    6. 321.Repeals

    7. 322.Interpretation

    8. 323.Extent

    9. 324.Commencement

    10. 325.Short title

  13. Schedules

    1. Schedule 1

      The Marine Management Organisation

      1. Status of the MMO

        1. 1.(1) The MMO is a body corporate.

      2. The chair of the MMO

        1. 2.A person (the “chair of the MMO”) is to be...

      3. Membership

        1. 3.(1) The members of the MMO are to be—

      4. The deputy chair of the MMO

        1. 4.The Secretary of State may appoint one of the ordinary...

      5. Considerations in making appointments

        1. 5.In appointing any person to be the chair of the...

      6. Power to amend the numbers of members specified in paragraph 3(1)

        1. 6.(1) The Secretary of State may by order amend paragraph...

      7. Terms of appointment

        1. 7.(1) A person appointed as— (a) the chair of the...

      8. Resignation from office

        1. 8.A person may, by giving notice to the Secretary of...

      9. Suspension from, or termination of, office

        1. 9.(1) The Secretary of State may suspend or terminate the...

      10. Eligibility for re-appointment

        1. 10.A person who ceases to hold any of the following...

      11. Members' remuneration and allowances

        1. 11.The MMO may pay to its members such remuneration and...

      12. Pensions, allowances and gratuities

        1. 12.If required to do so by the Secretary of State,...

      13. Compensation for loss of office

        1. 13.If— (a) a person ceases to be a member, and...

      14. Chief executive

        1. 14.(1) The MMO must appoint a person to be its...

      15. Chief scientific adviser

        1. 15.(1) The MMO must appoint a person to be its...

      16. Other staff

        1. 16.(1) The MMO may appoint other employees.

      17. Staff remuneration and allowances

        1. 17.(1) The MMO may pay such remuneration and allowances as...

      18. Staff pensions etc

        1. 18.(1) The MMO may— (a) pay such pensions, allowances or...

      19. Staff superannuation

        1. 19.(1) Employment with the MMO is to be included among...

      20. Procedure

        1. 20.Subject to the following provisions of this Schedule, the MMO...

      21. Delegation of functions

        1. 21.(1) The MMO may authorise a committee, sub-committee, member or...

      22. Membership of committees and sub-committees

        1. 22.(1) A committee or sub-committee may include persons who are...

      23. Validity of proceedings

        1. 23.The validity of anything done by the MMO, or by...

      24. Application of seal and proof of documents

        1. 24.(1) The application of the MMO's seal must be authenticated...

      25. Documents served etc by the MMO

        1. 25.(1) Any document which the MMO is authorised or required...

      26. Annual report

        1. 26.(1) For each financial year, the MMO must prepare an...

      27. Accounts and records

        1. 27.(1) The MMO must keep proper accounts and proper records...

      28. Audit

        1. 28.(1) This paragraph applies where, in pursuance of paragraph 27,...

      29. Duty to provide information to the Secretary of State

        1. 29.(1) The MMO must provide the Secretary of State with—...

    2. Schedule 2

      Minor and consequential amendments relating to the MMO

      1. Public Records Act 1958 (c. 51)

        1. 1.In Schedule 1 to the Public Records Act 1958 (definition...

      2. Parliamentary Commissioner Act 1967 (c. 13)

        1. 2.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

      3. House of Commons Disqualification Act 1975 (c. 24)

        1. 3.In Part 2 of Schedule 1 to the House of...

      4. Race Relations Act 1976 (c. 74)

        1. 4.In Part 2 of Schedule 1A to the Race Relations...

      5. Inheritance Tax Act 1984 (c. 51)

        1. 5.In Schedule 3 to the Inheritance Tax Act 1984 (gifts...

      6. Freedom of Information Act 2000 (c. 36)

        1. 6.In Part 6 of Schedule 1 to the Freedom of...

    3. Schedule 3

      Transfer schemes

      1. Introductory

        1. 1.In this Schedule— “transferor” means the person from whom any...

      2. The property, rights and liabilities that may be transferred

        1. 2.(1) A scheme may provide for the transfer of any...

      3. Creation and apportionment of property, rights or liabilities

        1. 3.(1) A scheme may— (a) create for the transferor interests...

      4. Vesting certificates

        1. 4.A certificate by the Secretary of State that anything specified...

      5. Employment contracts

        1. 5.(1) This paragraph applies if rights and liabilities under a...

      6. Employee expressing objection to transfer of contract of employment

        1. 6.(1) Rights and liabilities under a contract of employment are...

      7. Right to terminate contract of employment for substantial detrimental change in conditions

        1. 7.Nothing in this Schedule affects any right a person has...

      8. Civil servants

        1. 8.(1) This Schedule applies with the following modifications in relation...

      9. Compensation

        1. 9.A scheme may contain provision for the payment of compensation...

      10. Validity

        1. 10.A transfer under this Schedule does not affect the validity...

      11. Continuity

        1. 11.(1) Anything which— (a) is done by the transferor for...

      12. Documents

        1. 12.In any document which— (a) relates to anything transferred by...

      13. Remedies

        1. 13.As from the date on which a transfer takes effect—...

      14. Interim arrangements

        1. 14.(1) A scheme may include provision requiring a transferor to...

      15. Retrospective modification of schemes

        1. 15.(1) If, at any time after a scheme has come...

      16. Incidental, consequential, supplemental or transitional provision or savings

        1. 16.A scheme may include such incidental, consequential, supplemental or transitional...

    4. Schedule 4

      Exclusive economic zone and Welsh zone: consequential amendments

      1. Part 1 Exclusive economic zone

        1. Continental Shelf Act 1964

          1. 1.(1) Section 8 of the Continental Shelf Act 1964 (c....

        2. Fishery Limits Act 1976

          1. 2.(1) Section 1 of the Fishery Limits Act 1976 (c....

        3. Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996

          1. 3.(1) Article 2 of the Merchant Shipping (Prevention of Pollution)...

        4. Energy Act 2004

          1. 4.(1) Section 84 of the Energy Act 2004 (c. 20)...

        5. Energy Act 2008

          1. 5.(1) The Energy Act 2008 (c. 32) is amended as...

      2. Part 2 Welsh zone

        1. Government of Wales Act 2006

          1. 6.(1) The Government of Wales Act 2006 (c. 32) is...

    5. Schedule 5

      Preparation of an MPS or of amendments of an MPS

      1. Introductory

        1. 1.Before any policy authorities publish a relevant document, they must...

      2. Interpretation

        1. 2.(1) In this Schedule— “consultation draft” is to be read...

      3. Consultation in Northern Ireland

        1. 3.(1) If one of the relevant authorities is the Department...

      4. Statement of public participation

        1. 4.(1) The relevant authorities must prepare and publish a statement...

      5. Further provision about the content of an SPP

        1. 5.(1) An SPP must include a proposed timetable.

      6. Review and revision of an SPP

        1. 6.(1) The relevant authorities must keep the SPP under review....

      7. Sustainability appraisal

        1. 7.(1) The relevant authorities must carry out an appraisal of...

      8. Preparation and publication of a consultation draft

        1. 8.(1) The relevant authorities must prepare and publish a draft...

      9. Representations about the consultation draft

        1. 9.(1) Any person may make representations about the consultation draft....

      10. The appropriate legislative procedure

        1. 10.(1) A policy authority must not adopt the final text...

      11. Differences between the consultation draft and the final text

        1. 11.(1) This paragraph applies if there are any differences between—...

      12. Adoption and publication of the relevant document

        1. 12.(1) A policy authority adopts the final text by—

      13. Validity of document where policy authority participates in preparation but does not adopt

        1. 13.(1) If any policy authority— (a) participates to any extent...

    6. Schedule 6

      Marine plans: preparation and adoption

      1. Marine plan authority to notify related planning authorities of decision to prepare plan

        1. 1.(1) A marine plan authority which decides to prepare a...

      2. Secretary of State to be kept informed of authority's intentions as to certain matters

        1. 2.(1) This paragraph applies in any case where a marine...

      3. Marine plans to be compatible with certain other marine plans and Planning Act plans

        1. 3.(1) In preparing or amending a marine plan for a...

      4. Consultation in Northern Ireland

        1. 4.(1) In the case of a marine plan for a...

      5. Statement of public participation

        1. 5.(1) Before preparing a marine plan for any marine plan...

      6. Further provision about the content of an SPP

        1. 6.(1) An SPP must include a proposed timetable.

      7. Review and revision of the SPP

        1. 7.(1) The marine plan authority must keep the SPP under...

      8. Advice and assistance

        1. 8.(1) In connection with the preparation of a marine plan,...

      9. Matters to which a marine plan authority is to have regard in preparing a marine plan

        1. 9.(1) The matters to which a marine plan authority is...

      10. Sustainability appraisal

        1. 10.(1) A marine plan authority preparing a marine plan must...

      11. Preparation and publication of a consultation draft

        1. 11.(1) A marine plan authority preparing a marine plan must...

      12. Representations about the consultation draft

        1. 12.(1) Any person may make representations about the consultation draft....

      13. Independent investigation

        1. 13.(1) A marine plan authority which has published a consultation...

      14. Matters to which marine plan authority to have regard in settling text for adoption etc

        1. 14.A marine plan authority settling the text of a marine...

      15. Adoption and publication of a marine plan

        1. 15.(1) A marine plan is “adopted” by a marine plan...

    7. Schedule 7

      Further provision about civil sanctions under Part 4

      1. Interpretation

        1. 1.In this Schedule “civil sanction” means a fixed monetary penalty...

      2. Fixed monetary penalties: other sanctions

        1. 2.(1) Provision under section 93 must secure that, in a...

      3. Variable monetary penalties: other sanctions

        1. 3.Provision under section 95 must secure that, in a case...

      4. Combination of sanctions

        1. 4.(1) Provision may not be made under section 93 and...

      5. Monetary penalties

        1. 5.(1) An order under section 93 or 95 which confers...

      6. Costs recovery

        1. 6.(1) Provision under section 95 may include provision for an...

      7. Appeals

        1. 7.(1) An order under section 93 or 95 may not...

      8. Consultation

        1. 8.(1) Before making an order under section 93 or 95,...

      9. Guidance as to use of civil sanctions

        1. 9.(1) Where power is conferred on an enforcement authority under...

      10. Guidance as to enforcement of offences

        1. 10.(1) Where power is conferred on an enforcement authority under...

      11. Publication of enforcement action

        1. 11.(1) Where power is conferred on an enforcement authority under...

      12. Payment of penalties into Consolidated Fund etc

        1. 12.(1) Where pursuant to any provision made under section 93...

      13. Disclosure of information

        1. 13.(1) Information held by or on behalf of a person...

    8. Schedule 8

      Licensing: minor and consequential amendments

      1. Part 1 Consequential amendments

        1. The Coast Protection Act 1949

          1. 1.(1) The Coast Protection Act 1949 (c. 74) is amended...

        2. The Food and Environment Protection Act 1985

          1. 2.(1) The Food and Environment Protection Act 1985 (c. 48)...

        3. The Government of Wales Act 2006

          1. 3.(1) In Schedule 3 to the Government of Wales Act...

        4. The Planning Act 2008

          1. 4.(1) The Planning Act 2008 (c. 29) is amended as...

      2. Part 2 Other amendments

        1. The Food and Environment Protection Act 1985 Electronic communications apparatus: operations in tidal waters etc

          1. 5.In the Food and Environment Protection Act 1985 after section...

        2. Electronic communications: emergency works

          1. 6.(1) Section 9 of the Food and Environment Protection Act...

        3. The Petroleum Act 1998 Application of Part 3 in relation to submarine pipelines

          1. 7.(1) Section 24 of the Petroleum Act 1998 (c. 17)...

        4. Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4

          1. 8.(1) Section 45 of the Petroleum Act 1998 (interpretation of...

    9. Schedule 9

      Licensing: transitional provision relating to Part 4

      1. Part 1 Interpretation

        1. 1.In this Schedule— “the commencement date” means the date on...

      2. Part 2 Coast Protection Act 1949

        1. Consents previously given and outstanding applications

          1. 2.(1) Any consent given under subsection (1) of section 34...

        2. Safety requirements

          1. 3.The repeal of section 36A of the CPA does not...

      3. Part 3 Food and Environment Protection Act 1985

        1. Licences previously issued and outstanding applications

          1. 4.(1) Any licence having effect under Part 2 of FEPA...

          2. 5.(1) Despite the amendments made by paragraph 2 of Schedule...

        2. Remedial action

          1. 6.The amendments made by paragraph 2 of Schedule 8 do...

        3. Register

          1. 7.(1) This paragraph applies in any case where—

        4. Channel Islands and British overseas territories

          1. 8.(1) In this paragraph “relevant territory” means any of the...

      4. Part 4 Miscellaneous

        1. Dredging

          1. 9.(1) During the relevant transitional period, section 65 does not...

        2. Water Resources Act 1991

          1. 10.The amendment made by section 82 of this Act applies...

        3. Electronic Communications Code: England and Wales

          1. 11.(1) In this paragraph— (a) “the Code” means the Electronic...

        4. Electronic Communications Code: Scotland

          1. 12.(1) In this paragraph— (a) “the Code” means the Electronic...

        5. Direction under section 58(1)(c) of the Government of Wales Act 2006

          1. 13.(1) To the extent that they relate to the abandonment...

    10. Schedule 10

      Further provision about fixed monetary penalties under section 142

      1. Fixed monetary penalties: other sanctions

        1. 1.(1) Provision under section 142 must secure that, in a...

      2. Monetary penalties

        1. 2.(1) An order under section 142 which confers power on...

      3. Appeals

        1. 3.(1) An order under section 142 may not provide for...

      4. Consultation

        1. 4.(1) Before making an order under section 142, the appropriate...

      5. Guidance as to use of fixed monetary penalties

        1. 5.(1) Where power is conferred on an enforcement authority under...

      6. Guidance as to enforcement of offences

        1. 6.(1) Where power is conferred on an enforcement authority under...

      7. Publication of enforcement action

        1. 7.(1) Where power is conferred on an enforcement authority under...

      8. Payment of penalties into Consolidated Fund etc

        1. 8.(1) Where pursuant to any provision made under section 142...

      9. Disclosure of information

        1. 9.(1) Information held by or on behalf of a person...

    11. Schedule 11

      Consequential amendments relating to MCZs

      1. Conservation of Seals Act 1970 (c. 30)

        1. 1.In section 10 of the Conservation of Seals Act 1970...

      2. Wildlife and Countryside Act 1981 (c. 69)

        1. 2.(1) The Wildlife and Countryside Act 1981 is amended as...

      3. Water Resources Act 1991 (c. 57)

        1. 3.In paragraph 5 of Schedule 25 to the Water Resources...

      4. Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)

        1. 4.(1) For regulation 36 of the Conservation (Natural Habitats, &c)...

    12. Schedule 12

      Transitional provision relating to MCZs

      1. 1.In this Schedule— “the 1981 Act” means the Wildlife and...

      2. 2.(1) Any area which, immediately before the commencement date, is...

      3. 3.Any byelaw which, immediately before the commencement date, is in...

      4. 4.Any provision of this Chapter which— (a) confers any function...

    13. Schedule 13

      Marine boundaries of SSSIs and national nature reserves

      1. Part 1 Introductory

        1. 1.In this Schedule “the 1981 Act” means the Wildlife and...

      2. Part 2 Sites of special scientific interest

        1. Marine boundaries of sites of special scientific interest

          1. 2.(1) Section 28 of the 1981 Act (sites of special...

          2. 3.In section 28A of the 1981 Act (variation of notification...

          3. 4.In section 52(1) of the 1981 Act (interpretation of Part...

        2. Notification of additional land that is subtidal

          1. 5.(1) Section 28B of the 1981 Act (notification of additional...

        3. Enlargement of SSSI to include subtidal land

          1. 6.(1) Section 28C of the 1981 Act (enlargement of SSSI)...

        4. Guidance in relation to subtidal notifications of SSSIs

          1. 7.After section 28C of the 1981 Act insert— Guidance in...

        5. Power to call in subtidal notifications of SSSIs

          1. 8.After section 28CA of the 1981 Act (inserted by paragraph...

        6. Denotification of SSSI on designation of area as MCZ

          1. 9.(1) Section 28D of the 1981 Act (denotification) is amended...

      3. Part 3 National nature reserves

        1. Marine boundaries of national nature reserves

          1. 10.(1) In section 35 of the 1981 Act (national nature...

        2. Power to call in subtidal declarations of national nature reserves

          1. 11.After section 35 of the 1981 Act insert— Power to...

    14. Schedule 14

      Inshore fisheries and conservation authorities: amendments

      1. Coast Protection Act 1949 (c. 74)

        1. 1.The Coast Protection Act 1949 is amended as follows.

        2. 2.In section 2 (constitution of coast protection boards)—

        3. 3.In section 45 (service of notices and other documents), in...

        4. 4.In section 49(1) (interpretation) after the definition of “functions” insert—...

        5. 5.In Part 1 of the First Schedule (general provisions concerning...

      2. Nuclear Installations Act 1965 (c. 57)

        1. 6.In section 3 of the Nuclear Installations Act 1965 (grant...

      3. Sea Fish (Conservation) Act 1967 (c. 84)

        1. 7.In section 3 of the Sea Fish (Conservation) Act 1967...

      4. Prevention of Oil Pollution Act 1971 (c. 60)

        1. 8.In section 19 of the Prevention of Oil Pollution Act...

      5. Local Government Act 1974 (c. 7)

        1. 9.In section 31A of the Local Government Act 1974 (consideration...

      6. Fisheries Act 1981 (c. 29)

        1. 10.In Part 1 of Schedule 4 to the Fisheries Act...

      7. Wildlife and Countryside Act 1981 (c. 69)

        1. 11.In section 27(1) of the Wildlife and Countryside Act 1981...

      8. Local Government and Housing Act 1989 (c. 42)

        1. 12.The Local Government and Housing Act 1989 is amended as...

        2. 13.(1) Section 5 (designation and reports of monitoring officer) is...

        3. 14.In section 13 (voting rights of members of certain committees),...

        4. 15.In paragraph 2(1) of Schedule 1 (political balance on local...

      9. Radioactive Substances Act 1993 (c. 12)

        1. 16.The Radioactive Substances Act 1993 is amended as follows.

        2. 17.In section 47(1) (general interpretation provisions), in the definition of...

        3. 18.In Schedule 3 (enactments to which section 40 applies), after...

      10. Freedom of Information Act 2000 (c. 36)

        1. 19.In Part 2 of Schedule 1 to the Freedom of...

      11. Natural Environment and Rural Communities Act 2006 (c. 16)

        1. 20.In Schedule 7 to the Natural Environment and Rural Communities...

    15. Schedule 15

      Sea Fish (Conservation) Act 1967: minor and consequential amendments

      1. Sea Fish (Conservation) Act 1967 (c. 84)

        1. 1.(1) Section 1 (size limits, etc for fish) is amended...

        2. 2.(1) Section 3 (regulation of nets and other fishing gear)...

        3. 3.(1) Section 5 (power to restrict fishing for sea fish)...

        4. 4.In section 11 (penalties for offences), in subsection (3), for...

      2. Fisheries Act 1981 (c. 29)

        1. 5.(1) Schedule 4 (exemptions for fish farming) is amended as...

    16. Schedule 16

      Migratory and freshwater fish: consequential and supplementary amendments

      1. Salmon and Freshwater Fisheries Act 1975 (c. 51)

        1. 1.The Salmon and Freshwater Fisheries Act 1975 has effect subject...

        2. 2.Section 3 (nets) is omitted.

        3. 3.(1) Section 5 (prohibition of use of explosives etc) is...

        4. 4.Sections 6 to 8 (fixed engines, fishing weirs and fishing...

        5. 5.Section 16 (boxes and cribs in weirs and dams) is...

        6. 6.Section 17 (restrictions on taking salmon or trout above or...

        7. 7.In section 18 (supplementary provisions), in subsection (4), for “,...

        8. 8.Sections 19 to 22 (close seasons etc) are omitted.

        9. 9.(1) Section 25 (licences to fish) is amended as follows....

        10. 10.(1) Section 26 (limitation of fishing licences) is amended as...

        11. 11.(1) Section 27 (unlicensed fishing) is amended as follows.

        12. 12.In section 33 (orders and warrants to enter suspected premises),...

        13. 13.In section 34 (power to apprehend persons fishing illegally), for...

        14. 14.(1) In section 41 (interpretation), subsection (1) is amended as...

        15. 15.Schedule 1 (close seasons and close times) is omitted.

        16. 16.(1) Schedule 2 (licences) is amended as follows.

        17. 17.(1) Schedule 4 (offences) is amended as follows.

      2. Fisheries Act 1981 (c. 29)

        1. 18.(1) In the Fisheries Act 1981, in Part 1 of...

      3. Salmon Act 1986 (c. 62)

        1. 19.In section 32 of the Salmon Act 1986 (handling salmon...

      4. Water Resources Act 1991 (c. 57)

        1. 20.The Water Resources Act 1991 has effect subject to the...

        2. 21.In section 115 (fisheries orders), in subsection (1)—

        3. 22.In section 116 (power to give effect to international obligations)—...

        4. 23.(1) Section 212 (compensation in respect of certain fisheries byelaws)...

        5. 24.(1) In Schedule 25 (byelaw-making powers of the Agency), paragraph...

        6. 25.In that Schedule, paragraph 7 is omitted.

      5. Environment Act 1995 (c. 25)

        1. 26.In section 13 of the Environment Act 1995 (regional and...

    17. Schedule 17

      Warrants issued under section 249

      1. Introductory

        1. 1.(1) This Schedule has effect in relation to the issue...

      2. Applications for warrants

        1. 2.(1) Where an enforcement officer applies for a warrant, the...

      3. Safeguards in connection with power of entry conferred by warrant

        1. 3.A warrant authorises an entry on one occasion only.

        2. 4.(1) A warrant must specify— (a) the name of the...

        3. 5.(1) Two copies are to be made of a warrant....

      4. Execution of warrants

        1. 6.(1) A warrant may be executed by any appropriate enforcement...

        2. 7.(1) A warrant may authorise persons to accompany any enforcement...

        3. 8.(1) Execution of a warrant must be within three months...

        4. 9.(1) Where the occupier of a dwelling that is to...

      5. Return of warrants

        1. 10.(1) A warrant which— (a) has been executed, or

    18. Schedule 18

      Forfeiture of property under section 275 or 276

      1. Application of Schedule

        1. 1.(1) This Schedule applies where— (a) property seized by an...

      2. Notice of intended forfeiture

        1. 2.(1) The relevant authority must give notice of the intended...

      3. Notice of claim

        1. 3.A person claiming that the property is not liable to...

        2. 4.(1) A notice of claim must be given—

      4. Automatic forfeiture in a case where no claim is made

        1. 5.The property is to be taken to have been duly...

      5. Decision whether to take court proceedings to condemn property as forfeited

        1. 6.(1) Where a notice of claim in respect of the...

      6. Return of property if no forfeiture proceedings

        1. 7.(1) If, in a case in which a notice of...

      7. Forfeiture proceedings

        1. 8.(1) This paragraph applies if, in a case in which...

      8. Supplementary provision about forfeiture proceedings

        1. 9.Proceedings by virtue of this Schedule are civil proceedings and...

        2. 10.(1) In proceedings by virtue of this Schedule, the claimant...

        3. 11.(1) In the case of proceedings by virtue of this...

        4. 12.Where an appeal has been made (whether by case stated...

      9. Effect of forfeiture

        1. 13.Where property is treated or condemned as forfeited under this...

      10. Disposal of property which is not returned

        1. 14.(1) This paragraph applies where any property is required to...

      11. Provisions as to proof

        1. 15.In proceedings under this Schedule, the fact, form and manner...

        2. 16.In any proceedings, the condemnation by a court of property...

      12. Special provisions as to certain claimants

        1. 17.(1) This paragraph applies where, at the time of the...

      13. Power to destroy fish before condemnation, etc

        1. 18.(1) The relevant authority may destroy any fish liable to...

      14. Saving for owner's rights

        1. 19.Neither the imposition of a requirement by virtue of this...

      15. Interpretation

        1. 20.In this Schedule— “the court” is to be read in...

    19. Schedule 19

      Schedule 1A to the National Parks and Access to the Countryside Act 1949

      1. The following is the Schedule to be inserted as Schedule...

    20. Schedule 20

      Establishment and maintenance of the English coastal route etc

      1. Extension of Chapter 3 of Part 1 of the CROW Act

        1. 1.(1) Chapter 3 of Part 1 of the CROW Act...

      2. Agreements relating to establishment and maintenance of route

        1. 2.(1) Where, in respect of any land, it appears to...

      3. Establishment and maintenance of route in absence of agreement

        1. 3.(1) This paragraph applies where— (a) it appears to Natural...

      4. Appeals relating to notices under paragraph 3

        1. 4.(1) Where a notice under paragraph 3(3) has been given...

      5. Power for Natural England to fund works

        1. 5.Natural England may meet or contribute towards expenditure incurred or...

      6. Erection and maintenance of notices and signs

        1. 6.(1) Natural England may erect and maintain notices or signs...

        2. 7.In section 19 of the CROW Act (notices indicating boundaries...

      7. Removal of notices and signs

        1. 8.(1) Any notice or sign to which this paragraph applies...

      8. Powers of entry

        1. 9.(1) A person who is authorised by Natural England may...

      9. Interpretation of Schedule

        1. 10.(1) In this Schedule— “coastal margin” has the same meaning...

    21. Schedule 21

      Amendments of the Harbours Act 1964

      1. 1.The Harbours Act 1964 (c. 40) is amended as follows....

      2. Provision that may be made by harbour empowerment order

        1. 2.(1) Section 16 (power to make harbour empowerment orders) is...

      3. Delegation of certain functions under the Act

        1. 3.(1) After section 42 (accounts and reports) insert— Delegation of...

      4. Consent of Welsh Ministers or Secretary of State required for making of certain harbour orders

        1. 4.After section 42B (inserted by paragraph 3(1)) insert— Consent of...

      5. Procedure for dealing with applications for harbour orders

        1. 5.(1) In Schedule 3 (procedure for making harbour revision and...

      6. Procedure where harbour revision orders are made otherwise than on application

        1. 6.(1) For paragraph 28 of Schedule 3 (inquiry to be...

      7. Application of paragraphs 5 and 6

        1. 7.The amendments made by paragraphs 5 and 6 apply to...

    22. Schedule 22

      Repeals

      1. Part 1 EEZ, UK marine area and Welsh zone

      2. Part 2 Marine licensing

      3. Part 3 Nature conservation

      4. Part 4 Management of inshore fisheries

      5. Part 5 Fisheries

      6. Part 6 Enforcement

      7. Part 7 Coastal access

      8. Part 8 Miscellaneous