Marine and Coastal Access Act 2009

Marine and Coastal Access Act 2009

2009 CHAPTER 23

Summary and Background

Part 6: Management of Inshore Fisheries

Chapter 1: Inshore Fisheries and Conservation Authorities

Inshore fisheries and conservation districts and authorities

Section 151: Membership and proceedings of IFC authorities

426. Subsection (1) requires that an order establishing an IFC district must provide for the membership of the IFC authority for that district. The membership must comprise members of constituent local authorities, persons appointed by the MMO according to the criteria in subsection (2) and other persons.

427. Subsection (3) provides for the Secretary of State to amend by order the descriptions of persons appointed as members of an IFC authority. Provision is also made for any consequential amendments to be made to this section as appear to the Secretary of State to be necessary. The order may only add further descriptions of persons appointed as members of an IFC authority, or vary or remove descriptions so added. The descriptions currently set out in subsection (2) may not be varied or removed.

428. Subsections (4) and (5) require the order establishing an IFC district to specify the total number of members of the IFC authority for the district. The order must also specify the number of members to be appointed from each constituent local authority and the number of members appointed by the MMO. The order must also set out the number of members to be appointed in the category “other persons” and by whom they are to be appointed.

429. An order establishing an IFC district may include the provision set out in subsection (6) as to the membership and procedures of the IFC authority for that district, for example provision as to how the chair of the IFC authority is to be appointed.

430. Subsection (7) lists certain enactments that concern the proceedings of local authority committees or joint committees. These will apply to an IFC authority subject to any provision made by the order establishing the district.

431. Subsection (8) provides definitions for the terms “the fishing community” and “marine environmental matters”.

432. Subsection (9) provides for the reference to the MMO in subsection (1)(b) to be read as the Secretary of State until the MMO comes into being, at which point anybody appointed to the IFC authority by the Secretary of State would be treated as if appointed by the MMO.