Schedules

Schedule 12Transitional provision relating to MCZs

Section 146

1

In this Schedule—

  • “the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69);

  • “the commencement date”, in relation to an area, means the date on which paragraph 2 of Schedule 11 comes into force in relation to that area.

2

1

Any area which, immediately before the commencement date, is designated by an order under section 36 of the 1981 Act as a marine nature reserve is to be treated, on and after that date, as if it were a marine conservation zone designated by an order under section 116.

2

The designation having effect by virtue of sub-paragraph (1) includes (in accordance with section 118(6)(b)) the area of land designated by the order under section 36, together with all of the water covering that land.

3

Any byelaw which, immediately before the commencement date, is in force under section 37 of the 1981 Act for the protection of any area designated as a marine nature reserve has effect, on and after that date, as if it were—

a

in the case of an area in England, a byelaw made under section 129;

b

in the case of an area in Wales, an order made under section 134.

4

Any provision of this Chapter which—

a

confers any function on the MMO, and

b

comes into force before the date on which section 1 of this Act comes into force,

has effect until that date as if it conferred that function on the Secretary of State.