Marine and Coastal Access Act 2009

130 Byelaws: procedure U.K.

(1) Before making a byelaw under section 129 [F1 , 129A or 129B], the MMO must comply with subsections (2) to (7) of this section.

This is subject to subsection (11).

(2) If the byelaw [F2 is made under section 129 or 129A and] would or might affect any activity in Wales, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers.

[F3 (2A) If the byelaw is made under section 129B and—

(a) the byelaw would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers;

(b) the byelaw would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of a draft of the byelaw to the Scottish Ministers;

(c) the byelaw would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of a draft of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.]

(3) The MMO must place a copy of a draft of the byelaw in such place or places as the MMO thinks is or are likely to be most convenient for the purpose of enabling the draft to be inspected by persons likely to be affected by the making of the byelaw.

(4) The MMO must provide a copy of a draft of the byelaw to any person who requests one.

(5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4).

(6) The MMO must publish notice of its proposal to make the byelaw.

(7) The notice under subsection (6) must—

(a) be published in such manner as the MMO 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 byelaw;

(b) state where the copy or copies of the draft byelaw have been placed by the MMO in accordance with subsection (3);

(c) state the time within which representations about the byelaw must be made to the MMO.

(8) A byelaw made under section 129 [F4 , 129A or 129B] does not have effect until it is confirmed by the Secretary of State; and a byelaw which is confirmed comes into force—

(a) on such date as may be determined by the Secretary of State, or

(b) if no such date is determined, one month after the date on which it is confirmed.

(9) As soon as is reasonably practicable after the confirmation of a byelaw made under section 129 [F5 , 129A or 129B], the MMO must publish notice of the making of the byelaw.

(10) The notice under subsection (9) must—

(a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b) state that a copy of the byelaw may be inspected at the offices of the MMO.

(11) Nothing in this section applies [F6 in relation to a byelaw made by virtue of section 131 (emergency byelaws)].

Textual Amendments

F1 Words in s. 130(1) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(2) (with Sch. 4 para. 31)

F2 Words in s. 130(2) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(3) (with Sch. 4 para. 31)

F3 S. 130(2A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(4) (with Sch. 4 para. 31)

F4 Words in s. 130(8) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(5) (with Sch. 4 para. 31)

F5 Words in s. 130(9) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(5) (with Sch. 4 para. 31)

F6 Words in s. 130(11) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 12(6) (with Sch. 4 para. 31)

Commencement Information

I1 S. 130 partly in force; s. 130 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)