Marine and Coastal Access Act 2009 (c. 23)

Part 5 U.K. Nature conservation

Chapter 1 U.K. Marine conservation zones [F1 and management of sea fisheries]

Textual Amendments

F1 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)

Modifications etc. (not altering text)

C1 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))

C2 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)

C3 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)

Byelaws for [F2 marine conservation: England and the English offshore region] U.K.

Textual Amendments

F2 Words in s. 129 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 9 (with Sch. 4 para. 31)

130 Byelaws: procedure U.K.

(1) Before making a byelaw under section 129 [F3 , 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 [F4 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.

[F5 (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 [F6 , 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 [F7 , 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 [F8 in relation to a byelaw made by virtue of section 131 (emergency byelaws)].

Textual Amendments

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)