Modifications etc. (not altering text)
C1Pt. 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))
C2Pt. 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)
(1)Before making an order under section 116, the appropriate authority must comply with subsections (2) to (9) of this section.
This is subject to subsection (11).
(2)The appropriate authority must publish notice of its proposal to make the order.
(3)The notice under subsection (2) must—
(a)be published in such manner as the appropriate authority thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;
(b)contain a statement of the terms of the proposed order.
(4)The appropriate authority must consult any persons who the appropriate authority thinks are likely to be interested in, or affected by, the making of the order.
(5)Where the appropriate authority is not the Secretary of State, the authority must consult the Secretary of State.
(6)If the appropriate authority for an area other than Wales considers that—
(a)the making of the order may affect any activity which is or may be carried on in the Welsh zone, or
(b)any activity which is or may be carried on in the Welsh zone may affect any part of the proposed MCZ,
the authority must consult the Welsh Ministers.
(7)If the appropriate authority for an area other than the Scottish offshore region considers that—
(a)the making of the order may affect any activity which is or may be carried on in the Scottish zone, or
(b)any activity which is or may be carried on in the Scottish zone may affect any part of the proposed MCZ,
the authority must consult the Scottish Ministers.
(8)If the appropriate authority considers that—
(a)the making of the order may affect any activity which is or may be carried on in the Northern Ireland zone, or
(b)any activity which is or may be carried on in the Northern Ireland zone may affect any part of the proposed MCZ,
the authority must consult the Department of the Environment in Northern Ireland.
(9)The Secretary of State must consult—
(a)the Welsh Ministers, if any part of the proposed MCZ lies in the Welsh offshore region;
(b)the Department of the Environment in Northern Ireland, if any part of the proposed MCZ lies in the Northern Ireland zone.
(10)If the appropriate authority fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection (2), then anything done by the appropriate authority for the purposes of complying with subsections (2) to (9) of this section is, for those purposes, to be treated as not having been done.
(11)In a case where the appropriate authority thinks that there is an urgent need to protect the area proposed to be designated, the authority need not comply with subsections (2) to (4).
(12)In such a case, the order designating the area as an MCZ remains in force for a period not exceeding two years, unless the appropriate authority makes a further order before the end of that period confirming the designation.
Before making such an order, the appropriate authority must comply with subsections (2) to (9) (and subsection (10) applies accordingly).
Commencement Information
I1S. 119 partly in force; s. 119 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)
I2S. 119 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(a)