Marine and Coastal Access Act 2009

[F1 137F Consultation etc regarding orders under section 137E U.K.

(1) Before making an order under section 137E the Department 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 Welsh offshore region, consult the Welsh Ministers, and

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

(2) The Department must publish notice of the making of an order under section 137E.

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

(a) be published in such manner as the Department 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 Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region—

(a) subsection (1) does not apply,

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

(5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.]

Textual Amendments

F1 Ss. 137A-137H and cross-headings inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 21 (with Sch. 4 para. 31)