Marine and Coastal Access Act 2009 (c. 23)

Part 11 Supplementary provisions

322 Interpretation

(1) In this Act—

• “baseline” means the baseline from which the breadth of the territorial sea is measured;

• “British fishery limits” has the meaning given by section 1 of the Fishery Limits Act 1976 (c. 86);

• “draft affirmative procedure” has the meaning given in section 316;

• “English inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to England;

• “English offshore region” means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following—

  (a)

  the Scottish offshore region;

  (b)

  the Welsh offshore region;

  (c)

  the Northern Ireland offshore region;

• “exclusive economic zone” means any area for the time being designated by an Order in Council under section 41(3);

• “financial year” means any period of twelve months ending with 31st March (except where the context otherwise requires);

• “general objective”, in relation to the MMO, is to be read in accordance with section 2(1);

• “marine policy statement” is to be construed in accordance with sections 44 and 47;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

• “the MMO” means the Marine Management Organisation;

• “MPS” means a marine policy statement;

• “nautical mile” means an international nautical mile of 1,852 metres;

• “negative resolution procedure” has the meaning given in section 316;

• “Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;

• “Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;

• “Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (c. 47) (see section 98(1) and (8) of that Act);

• “notice” means notice in writing;

• “public authority” means any of the following—

  (a)

  a Minister of the Crown;

  (b)

  a public body;

  (c)

  a public office holder;

• “public body” includes—

  (a)

  a government department;

  (b)

  a Northern Ireland department;

  (c)

  a local authority (see subsection (2));

  (d)

  a local planning authority;

  (e)

  a statutory undertaker (see subsection (2));

• “public office holder” means a person holding any of the following offices—

  (a)

  an office under the Crown;

  (b)

  an office created or continued in existence by a public general Act or by devolved legislation (see subsection (3));

  (c)

  an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature (see subsection (3));

• “renewable energy zone” means any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);

• “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;

• “Scottish offshore region” means so much of the UK marine area as lies outside the Scottish inshore region and consists of—

  (a)

  areas of sea which lie within the Scottish zone, and

  (b)

  areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;

• “Scottish zone” has the same meaning as in the Scotland Act 1998 (c. 46) (see section 126(1) and (2) of that Act);

• “sea”, except in Part 9 (coastal access), is to be read in accordance with section 42(3) and (4);

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21 of that Act);

• “territorial sea” means the territorial sea of the United Kingdom;

• “UK marine area” has the meaning given by section 42;

• “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c. 29);

• “Welsh inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Wales;

• “Welsh offshore region” means so much of the Welsh zone as lies beyond the seaward limits of the territorial sea;

• “Welsh zone” has the same meaning as in the Government of Wales Act 2006 (c. 32) (see section 158(1) and (3) of that Act).

(2) In the definition of “public body” in subsection (1)—

• “local authority” means—

  (a)

  in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

  (b)

  in relation to Scotland, a council for any local government area constituted under section 2(1) of the Local Government etc. (Scotland) Act 1994 (c. 39);

  (c)

  in relation to Wales, a county council, a county borough council or a community council;

  (d)

  in relation to Northern Ireland, a district council;

• “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of any of the following—

  (a)

  Part 11 of the Town and Country Planning Act 1990 (c. 8);

  (b)

  Part 10 of the Town and Country Planning (Scotland) Act 1997 (c. 8);

  (c)

  the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)).

(3) For the purposes of the definition of “public office holder” in subsection (1)—

• “devolved legislation” means legislation passed by a devolved legislature;

• “devolved legislature” means—

  (a)

  the Scottish Parliament;

  (b)

  the National Assembly for Wales;

  (c)

  the Northern Ireland Assembly.

(4) Subsection (5) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Northern Ireland (and, in consequence, are not adjacent to England, Wales or Scotland), or

(b) are not adjacent to Northern Ireland (and, in consequence, are not precluded from being adjacent to England, Wales or Scotland).

(5) The question is to be determined by reference to an Order in Council under section 98(8) of the Northern Ireland Act 1998 (c. 47) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(6) Subsection (7) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Wales (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Wales (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).

(7) The question is to be determined by reference to an order or Order in Council made under or by virtue of section 158(3) or (4) of the Government of Wales Act 2006 (c. 32) (apportionment of sea areas) if, or to the extent that, the order or Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.

(8) Subsection (9) applies to the question of which waters, or parts of the sea, of any particular description—

(a) are adjacent to Scotland (and, in consequence, are not adjacent to England), or

(b) are not adjacent to Scotland (and, in consequence, (but subject to subsections (4) and (5)) are adjacent to England).

(9) The question is to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c. 46) if, or to the extent that, the Order in Council is expressed to apply—

(a) by virtue of this subsection, for the purposes of this Act, or

(b) if no provision has been made by virtue of paragraph (a), for the general or residual purposes of that Act.