Marine and Coastal Access Act 2009

51 Marine plans for marine plan areas

(1) A marine plan authority may prepare a marine plan for an area (a “marine plan area”) consisting of the whole or any part of its marine planning region.

(2) Where an MPS governs marine planning for a marine planning region, the marine plan authority for the region must seek to ensure that every part of the region is within an area for which a marine plan is in effect.

(3) A “marine plan” is a document which—

(a) has been prepared and adopted for a marine plan area by the appropriate marine plan authority in accordance with Schedule 6,

(b) states the authority’s policies (however expressed) for and in connection with the sustainable development of the area, and

(c) states that it is a marine plan prepared and adopted for the purposes of this section.

(4) For the purposes of this section “the appropriate marine plan authority” in the case of any marine plan area is the marine plan authority in whose region the marine plan area lies.

(5) A marine plan must identify (by means of a map or otherwise) the marine plan area for which it is a marine plan.

(6) A marine plan must be in conformity with any MPS which governs marine planning for the marine plan area unless relevant considerations indicate otherwise.

(7) For the purposes of this Part, an MPS “governs marine planning” for an area if—

(a) it has been adopted by the policy authority which is the marine plan authority whose region consists of or includes the area,

(b) it has been published in accordance with paragraph 12 of Schedule 5,

(c) it has not been replaced or withdrawn, and

(d) the policy authority mentioned in paragraph (a) has not withdrawn from it.

As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal of, or from, an MPS).

(8) Unless prepared and adopted by the Secretary of State, a marine plan must state whether it includes provision relating to retained functions (see sections 59 and 60).

(9) A marine plan may also include statements or information relating to policies contained in the plan.

(10) If to any extent a policy stated in a marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy.

(11) A marine plan comes into effect when it has been published by the marine plan authority that prepared and adopted it in accordance with Schedule 6.