Part 5 U.K.Nature conservation

Chapter 1U.K.Marine conservation zones [F1and management of sea fisheries]

Textual Amendments

F1Words 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)

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)

C3Pt. 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)

Orders for [F2marine conservation: Wales and the Welsh offshore region] U.K.

Textual Amendments

F2Words in s. 134 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 16 (with Sch. 4 para. 31)

135Consultation etc regarding orders under section 134 [F3, 134A or 134B] U.K.

(1)Before making an order under section 134 [F4or 134A], the Welsh Ministers must consult—

(a)the Secretary of State, and

(b)any other person whom they think fit to consult.

[F5(1A)Before making an order under section 134B the Welsh Ministers must—

(a)consult the Secretary of State,

(b)if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c)if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,

(d)if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and

(e)consult any other person whom they think fit to consult.]

(2)The Welsh Ministers must publish notice of the making of an order under section 134 [F6, 134A or 134B].

(3)The notice under subsection (2) must—

(a)be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b)give an address at which a copy of the order may be inspected.

(4)Where the Welsh Ministers think that there is an urgent need to make an order under section 134 [F7, 134A or 134B]—

[F8(a)subsections (1) and (1A) do not apply in relation to the making of that order, and]

(b)the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.

Textual Amendments

F3Words in s. 135 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 18(2) (with Sch. 4 para. 31)

F4Words in s. 135(1) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 18(3) (with Sch. 4 para. 31)

F6Words in s. 135(2) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 18(5) (with Sch. 4 para. 31)

F7Words in s. 135(4) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 18(6)(a) (with Sch. 4 para. 31)

F8S. 135(4)(a) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 18(6)(b) (with Sch. 4 para. 31)

Commencement Information

I1S. 135 partly in force; s. 135 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I2S. 135 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)