Part 3Marine planning

Chapter 4Implementation and effect

Decisions affected by an MPS or marine plan

59The appropriate marine policy documents

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—

    1. a

      the English inshore region, and

    2. b

      the English offshore region;

  • “devolved policy authority” means—

    1. a

      the Scottish Ministers;

    2. b

      the Welsh Ministers;

    3. c

      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—

    1. a

      a Minister of the Crown or government department;

    2. b

      the Scottish Ministers;

    3. c

      the Welsh Ministers, the First Minister or the Counsel General;

    4. d

      a Northern Ireland Minister or a Northern Ireland department;

  • “Northern Ireland Minister”—

    1. a

      has the same meaning as in the Northern Ireland Act 1998 (c. 47), but

    2. b

      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—

    1. a

      in the case of the Welsh Ministers, the First Minister or the Counsel General;

    2. b

      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.