Search Legislation

Marine and Coastal Access Act 2009

Status:

This is the original version (as it was originally enacted).

60Meaning of “retained functions” etc
This section has no associated Explanatory Notes

(1)For the purposes of this Part, the functions of a public authority which are “retained functions” as respects any marine planning region are those functions of the public authority which, as respects that region, are not any of the following—

(a)Scottish Ministerial functions (see subsection (2));

(b)Welsh Ministerial functions (see subsection (2));

(c)Northern Ireland government functions (see subsection (2));

(d)secondary devolved functions (see subsection (3));

(e)relevant ancillary functions (see subsection (5)).

(2)In this section—

  • “Northern Ireland government functions” means—

    (a)

    any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9));

    (b)

    any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department;

    (c)

    the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;

  • “Scottish Ministerial functions” means—

    (a)

    any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions;

    (b)

    any concurrent functions, so far as exercised by the Scottish Ministers;

    (c)

    the function exercised by the Scottish Ministers when exercising a joint function;

  • “Welsh Ministerial functions” means—

    (a)

    any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions;

    (b)

    any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General;

    (c)

    the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function.

(3)“Secondary devolved functions” means—

(a)as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish functions;

(b)as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh functions;

(c)as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland functions.

See subsection (4) for the definition of each of those descriptions of secondary devolved functions.

(4)In this section—

  • “secondary devolved Northern Ireland functions” means any of the following—

    (a)

    any functions exercisable by a Northern Ireland non-departmental public authority;

    (b)

    any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998 (c. 47));

  • “secondary devolved Scottish functions” means any of the following—

    (a)

    any functions exercisable by a Scottish non-departmental public authority;

    (b)

    any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998 (c. 46));

  • “secondary devolved Welsh functions” means any of the following—

    (a)

    any functions exercisable by a Welsh non-departmental public authority;

    (b)

    any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales;

    (c)

    any functions exercisable by a non-departmental public authority, so far as relating to matters within the legislative competence of the National Assembly for Wales;

but the definitions in this subsection are subject to subsection (6) (which excludes certain functions in relation to which functions are exercisable by a Minister of the Crown or government department).

(5)“Relevant ancillary functions” means any functions exercisable by a non-departmental public authority in relation to any of the following—

(a)a Scottish Ministerial function;

(b)a Welsh Ministerial function;

(c)a Northern Ireland government function;

(d)a secondary devolved function;

but this subsection is subject to subsection (6).

(6)Where functions are exercisable by a Minister of the Crown or government department in relation to a function of a non-departmental public authority, the function of the non-departmental public authority is not—

(a)a secondary devolved Scottish function;

(b)a secondary devolved Welsh function;

(c)a secondary devolved Northern Ireland function;

(d)a relevant ancillary function;

but this subsection is subject to subsection (7).

(7)Functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to functions of a non-departmental public authority merely because—

(a)the agreement of a Minister of the Crown or government department is required to the exercise of a function of the non-departmental public authority;

(b)a Minister of the Crown or government department must be consulted by the non-departmental public authority, or by a primary devolved authority, about the exercise of a function of the non-departmental public authority;

(c)a Minister of the Crown or government department may exercise functions falling within subsection (8) in relation to functions of the non-departmental public authority.

(8)The functions mentioned in subsection (7)(c) are—

(a)functions under section 2(2) of the European Communities Act 1972 (c. 68);

(b)functions by virtue of section 57(1) of the Scotland Act 1998 (c. 46) (Community obligations) or under section 58 of that Act (international obligations);

(c)functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) (international obligations and quotas for international obligations);

(d)functions by virtue of section 80(3) of, or paragraph 5 of Schedule 3 to, the Government of Wales Act 2006 (c. 32) (Community obligations) or under section 82 of that Act (international obligations etc);

(e)functions under section 152 of that Act (intervention in case of functions relating to water etc).

(9)In this section—

  • “concurrent function” means a function exercisable concurrently with a Minister of the Crown or government department;

  • “Counsel General” means the Counsel General to the Welsh Assembly Government;

  • “devolved policy authority” means—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers;

    (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);

  • “joint function” means a function exercisable jointly with a Minister of the Crown or government department;

  • “non-departmental public authority” has the same meaning as in section 59;

  • “Northern Ireland Minister”—

    (a)

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

    (b)

    includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

  • “Northern Ireland non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;

  • “primary devolved authority” means any of the following—

    (a)

    the Scottish Ministers;

    (b)

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

    (c)

    a Northern Ireland Minister or a Northern Ireland department;

  • “Scottish non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;

  • “Welsh non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

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?

You have chosen to open Schedules only

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?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

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:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources