- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Point in time view as at 01/04/2015.
Marine and Coastal Access Act 2009,
Part 2
is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The rights to which this section applies have effect as rights belonging to Her Majesty by virtue of this section.
(2)This section applies to all rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea.
(3)Her Majesty may by Order in Council designate an area as an area within which the rights to which this section applies are exercisable (an “exclusive economic zone”).
(4)The Secretary of State may by order designate the whole or any part of the exclusive economic zone as an area in relation to which the Scottish Ministers, the Welsh Ministers or any Northern Ireland department are to have functions.
(5)In any enactment or instrument passed or made after the coming into force of an Order in Council made under this section, any reference to the United Kingdom's exclusive economic zone is to be read as a reference to any area designated in the Order in Council.
(6)An Order in Council under this section may include incidental, consequential, supplementary or transitional provision or savings.
(7)In this section “the Convention” means the United Nations Convention on the Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.
(8)Part 1 of Schedule 4 (which contains amendments consequential on this section) has effect.
Commencement Information
I1S. 41 partly in force; s. 41 in force for specified purposes at Royal Assent see s. 324(1)(c)
I2S. 41 in force at 31.3.2014 in so far as not already in force by S.I. 2013/3055, art. 2
(1)For the purposes of this Act, the “UK marine area” consists of the following—
(a)the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom,
(b)any area of sea within the limits of the exclusive economic zone,
(c)the area of sea within the limits of the UK sector of the continental shelf (so far as not falling within the area mentioned in paragraph (b), and see also subsection (2)),
and includes the bed and subsoil of the sea within those areas.
(2)The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK marine area for any purpose only to the extent that such treatment for that purpose does not contravene any international obligation binding on the United Kingdom or Her Majesty's government.
(3)In this section “sea” includes—
(a)any area submerged at mean high water spring tide, and
(b)the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.
(4)The area of sea referred to in subsection (3)(a) includes waters in any area—
(a)which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but
(b)into which seawater is caused or permitted to flow, whether continuously or from time to time, and
(c)from which seawater is caused or permitted to flow, whether continuously or from time to time.
(5)Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (1)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
Commencement Information
I3S. 42 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 6
(1)Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is amended as follows.
(2)In subsection (1) after the definition of “Wales” insert “, and
Welsh zone” means the sea adjacent to Wales which is—
(a)within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and
(b)specified in an Order in Council under section 58 or an order under subsection (3).”
(3)For subsection (3) substitute—
“(3)The Secretary of State may by order determine, or make provision for determining, for the purposes of the definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and those which are not.”
(4)Part 2 of Schedule 4 (which contains amendments consequential on this section) has effect.
(5)The Secretary of State may by order make such modifications or amendments of—
(a)any Act passed before the end of the Session in which this Act is passed, or
(b)any instrument made before the end of that Session,
as the Secretary of State considers appropriate in consequence of this section.
Commencement Information
I4S. 43 partly in force; s. 43 in force for specified purposes at Royal Assent see s. 324(1)(c)(d)
I5S. 43 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 7
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: