Marine and Coastal Access Act 2009 (c. 23)

Part 3 U.K. Marine planning

Chapter 1 U.K. Marine policy statement

48 Withdrawal of, or from, statement U.K.

(1) If any of the policy authorities that prepared and adopted an MPS—

(a) comes to the conclusion that it desires to withdraw from the MPS, and

(b) publishes notice of that conclusion in each of the Gazettes,

the authority is to be regarded as having withdrawn from the MPS as from the date on which the notice is so published.

(2) Before arranging to publish any such notice, the policy authority must inform each of the other policy authorities that it intends to do so.

(3) If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from the date of the Secretary of State's withdrawal.

(4) If any other policy authority withdraws from an MPS, then, as from the date of the authority's withdrawal, the authority is to be treated for the purposes of this Part as if it were not one of the policy authorities which adopted and published the MPS.

(5) If the Secretary of State withdraws from an MPS, the Secretary of State must take such further steps as the Secretary of State considers appropriate to secure that the withdrawal of the MPS is brought to the attention of interested persons.

(6) If any other policy authority withdraws from an MPS, it must take such further steps as it considers appropriate to secure that its withdrawal from the MPS is brought to the attention of interested persons.

(7) An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as from the date of the withdrawal.

(8) Where a policy authority withdraws from an MPS, or an MPS is withdrawn by virtue of the withdrawal of the Secretary of State, the withdrawal does not affect—

(a) the continuing validity or effect of any marine plan for any marine plan area, or

(b) until such time as a new MPS governs marine planning for a marine plan area, the construction of any marine plan for that marine plan area.

(9) In this section—

• “the Gazettes” means—

  (a)

  the London Gazette,

  (b)

  the Edinburgh Gazette, and

  (c)

  the Belfast Gazette;

• “interested persons” means—

  (a)

  any persons appearing to the policy authority to be likely to be interested in, or affected by, the withdrawal of or from the MPS;

  (b)

  members of the general public.