Part 5Nature conservation
C2C1C3Chapter 1Marine conservation zones F1and management of sea fisheries
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a)38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
Hearings
I1I2C2138C2Hearings F2...
1
This section applies where the Secretary of State has the function of—
a
deciding (under section 130(8)) whether to confirm a byelaw made under F4this Chapter;
b
deciding (under section 131(5)) whether to revoke an emergency byelaw;
c
deciding (under section 132(8)) whether to revoke an interim byelaw.
2
This section also applies where the Welsh Ministers have the function of—
a
deciding whether to make an order under section 134 F5, 134A or 134B;
b
deciding whether to make an interim order under section 136(1) F6or (1A).
F32A
This section also applies where the Scottish Ministers have the function of—
a
deciding whether to make an order under section 137A;
b
deciding whether to make an order under section 137C.
2B
This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of —
a
deciding whether to make an order under section 137E;
b
deciding whether to make an order under section 137G.
3
The Secretary of State or (as the case may be) the Welsh Ministers F7, the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may, before making that decision, give to any person the opportunity of—
a
appearing before and being heard by a person appointed for that purpose;
b
providing written representations to such a person.
4
The Secretary of State or (as the case may be) the Welsh Ministers F8, the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).
5
A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers F9, the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland of any oral or written representations made under that subsection.
Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)