- Latest available (Revised)
- Original (As enacted)
Marine and Coastal Access Act 2009, Section 59 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58.
(2)For that purpose—
(a)subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and
(b)subsection (5) has effect for determining whether an MPS is an appropriate marine policy document.
(3)To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document.
(4)A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if—
(a)it contains a statement under section 51(8) that it includes provision relating to retained functions,
(b)it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and
(c)it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region.
(5)Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities—
(a)any Minister of the Crown;
(b)any government department;
(c)if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;
(d)any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;
(e)any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;
(f)any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.
(6)For the purposes of subsection (5)(f)—
(a)the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and
(b)the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.
(7)In this section—
“adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));
“Counsel General” means the Counsel General to the Welsh Assembly Government;
“devolved marine planning region” means any marine planning region other than—
the English inshore region, and
the English offshore region;
“devolved policy authority” means—
the Scottish Ministers;
the Welsh Ministers;
the Department of the Environment in Northern Ireland;
“First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);
“non-departmental public authority” means any public authority other than—
a Minister of the Crown or government department;
the Scottish Ministers;
the Welsh Ministers, the First Minister or the Counsel General;
a Northern Ireland Minister or a Northern Ireland department;
“Northern Ireland Minister”—
has the same meaning as in the Northern Ireland Act 1998 (c. 47), but
includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
“primary devolved authority”, in relation to a devolved policy authority, means—
in the case of the Welsh Ministers, the First Minister or the Counsel General;
in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;
“retained functions” is defined for the purposes of this Part in section 60;
“secondary devolved functions” has the same meaning as in section 60.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: