C1C2PART 6Assessment of plans and projects
Pt. 6 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))
CHAPTER 9MARINE POLICY STATEMENTS AND MARINE PLANS
Marine policy statement112
1
Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—
a
in relation to a marine policy statement under Chapter 1 of Part 3 (marine planning) of the Marine Act as it applies in relation to a land use plan; and
b
in relation to a policy authority when exercising powers under Part 3 of that Act as it applies in relation to a plan-making authority.
2
Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine policy statement, is to be taken to be a reference to the adoption and publication of a marine policy statement in accordance with Schedule 5 to the Marine Act or any amendment of a marine policy statement under section 47 of that Act.
3
Where Chapter 8 applies by virtue of paragraph (1)—
a
in regulation 105(2), after “the appropriate nature conservation body” insert “and the Joint Nature Conservation Committee”;
b
regulations 105(5), 107(3) to (6) and 108 do not apply; and
c
in regulation 109, for the reference to the appropriate authority substitute a reference to the policy authority.
4
In this regulation “policy authority” means the Secretary of State or the Welsh Ministers.
Marine plan113
1
Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—
a
in relation to a marine plan as it applies in relation to a land use plan; and
b
in relation to a marine plan authority when exercising powers under Part 3 of the Marine Act as it applies in relation to a plan-making authority.
2
Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine plan, is to be taken to be a reference to the adoption and publication of a marine plan in accordance with Schedule 6 to the Marine Act or any amendment of a marine plan under section 52 of that Act.
3
Where Chapter 8 applies by virtue of paragraph (1), regulations 105(5), 107(3) to (6) and 108 do not apply.
4
In this regulation—
“marine plan” means a marine plan under Chapter 2 of Part 3 of the Marine Act;
“marine plan authority” has the meaning given by Part 3 of the Marine Act.
Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)