- Latest available (Revised)
- Point in Time (05/03/2022)
- Original (As enacted)
Point in time view as at 05/03/2022.
Marine and Coastal Access Act 2009, Chapter 5 is up to date with all changes known to be in force on or before 03 September 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)This section applies to—
(a)any MPS,
(b)any amendment of an MPS,
(c)any marine plan,
(d)any amendment of a marine plan.
(2)Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.
(3)A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.
(4)A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—
(a)that the document is not within the appropriate powers;
(b)that a procedural requirement has not been complied with.
(5)Any such application must be made not later than 6 weeks after the publication of the relevant document.
(6)In this section—
“the appropriate court” means—
the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;
in any other case, any superior court in the United Kingdom;
“the appropriate powers” means—
in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;
in the case of a marine plan or an amendment of a marine plan, the powers conferred by—
Chapter 2 of this Part, or
section 55 (delegation);
“procedural requirement” means any requirement—
under the appropriate powers, or
in directions under section 55 or 57,
which relates to the preparation, adoption or publication of a relevant document;
“superior court in the United Kingdom” means any of the following—
the High Court;
the Court of Session.
(1)This section applies in any case where an application under section 62 is made to a court.
(2)The court may make an interim order suspending the operation of the relevant document—
(a)wholly or in part,
(b)generally or as it affects a particular area.
An interim order has effect until the proceedings are finally determined.
(3)Subsection (4) applies if the court is satisfied as to any of the following—
(a)that a relevant document is to any extent outside the appropriate powers;
(b)that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.
(4)The court may—
(a)quash the relevant document;
(b)remit the relevant document to a body or person with a function relating to its preparation, adoption or publication.
(5)If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.
(6)Directions under subsection (5) may in particular—
(a)require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;
(b)require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;
(c)require action to be taken by a body or person with a function relating to the preparation, adoption or publication of the document (whether or not the body or person to whom the document is remitted);
(d)require action to be taken by one body or person to depend on what action has been taken by another body or person.
(7)The court's powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.
(8)Expressions used in this section and in section 62 have the same meaning in this section as they have in that section.
(1)In this Part—
“adopted” is to be read—
in the case of an MPS, in accordance with section 44 and paragraph 12 of Schedule 5,
in the case of a marine plan, in accordance with section 51 and paragraph 15 of Schedule 6,
and related expressions are to be construed accordingly;
“marine plan” has the meaning given in section 51;
“marine plan area” is to be read in accordance with section 51;
“marine plan authority” is to be read in accordance with section 50;
“marine planning region” is to be read in accordance with section 49;
“policy authority” has the meaning given in section 44;
“retained functions” has the meaning given in section 60.
(2)Any reference in this Part to an MPS governing marine planning for an area is to be construed in accordance with section 51(7).
(3)This Part binds the Crown.
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: