Schedules

Section 1

Schedule 1U.K.The Marine Management Organisation

Status of the MMOU.K.

1(1)The MMO is a body corporate.U.K.

(2)The MMO is not to be regarded—

(a)as a servant or agent of the Crown,

(b)as enjoying any status, privilege or immunity of the Crown, or

(c)as exempt, by virtue of any connection with the Crown, from any tax, duty, rate, levy or other charge whatsoever, whether general or local,

and the property of the MMO is not to be regarded as property of, or held on behalf of, the Crown.

(3)Accordingly, employees of the MMO are not to be regarded as—

(a)servants or agents of the Crown, or

(b)enjoying any status, immunity or privilege of the Crown.

The chair of the MMOU.K.

2U.K.A person (the “chair of the MMO”) is to be appointed by the Secretary of State to chair the MMO.

MembershipU.K.

3(1)The members of the MMO are to be—U.K.

(a)the person who is for the time being the chair of the MMO, and

(b)not fewer than 5, nor more than 8, other members (“ordinary members”) who are to be appointed by the Secretary of State.

(2)The Secretary of State must consult the chair of the MMO before appointing any of the ordinary members.

(3)If a person who is an ordinary member is to become the chair of the MMO, the appointment as ordinary member ceases immediately before the person becomes the chair of the MMO.

The deputy chair of the MMOU.K.

4U.K.The Secretary of State may appoint one of the ordinary members to be the deputy chair of the MMO (“the deputy chair”).

Considerations in making appointmentsU.K.

5U.K.In appointing any person to be the chair of the MMO or an ordinary member, the Secretary of State must have regard to the desirability—

(a)of appointing a person who has experience of, and has shown some capacity in, some matter relevant to the exercise of the MMO's functions, and

(b)of securing that a variety of skills and experience is available among the members.

Power to amend the numbers of members specified in paragraph 3(1)U.K.

6(1)The Secretary of State may by order amend paragraph 3(1) so as to substitute a different number for any of the numbers for the time being specified there.U.K.

(2)An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that it provides that there may be fewer than 5 ordinary members.

Terms of appointmentU.K.

7(1)A person appointed as—U.K.

(a)the chair of the MMO, or

(b)an ordinary member,

holds and vacates office in accordance with the terms of the appointment.

(2)A person appointed as the deputy chair holds and vacates that office in accordance with any particular terms of appointment there may be in the case of that appointment in addition to the terms of the person's appointment as an ordinary member.

(3)Sub-paragraphs (1) and (2) are subject to paragraphs 3(3) and 8 to 10.

(4)The terms of appointment to any office in any particular case are to be such as the Secretary of State may determine.

(5)No appointment is to be for longer than 5 years.

(6)No person may be a member for a total period of more than 10 years (whether or not continuous).

Resignation from officeU.K.

8U.K.A person may, by giving notice to the Secretary of State, resign from office as—

(a)the chair of the MMO,

(b)the deputy chair, or

(c)an ordinary member.

Suspension from, or termination of, officeU.K.

9(1)The Secretary of State may suspend or terminate the appointment of any person as the chair of the MMO, the deputy chair, or an ordinary member, if—U.K.

(a)the person has become bankrupt or made an arrangement with creditors,

(b)the person's estate has been sequestrated in Scotland or the person has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or has, under Scots law, granted a trust deed for creditors,

(c)the person has been absent from meetings of the MMO for a period of more than 6 months without the permission of the MMO,

(d)the person is disqualified from acting as a company director,

(e)the person has been convicted (whether before or after appointment) of a criminal offence, the conviction not being spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53),

or if the person is, in the opinion of the Secretary of State, unable or unfit to discharge the functions of the appointment for any other reason.

(2)A person whose appointment as the chair of the MMO is suspended is accordingly also suspended as a member.

(3)If a person's appointment as an ordinary member is suspended, any appointment of that person as the deputy chair is also suspended.

Eligibility for re-appointmentU.K.

10U.K.A person who ceases to hold any of the following offices—

(a)chair of the MMO,

(b)deputy chair,

(c)ordinary member,

is not by reason of that cessation prevented from subsequently being re-appointed to that office (or, in the case of paragraph (a) or (c), from subsequently becoming a member again).

Members' remuneration and allowancesU.K.

11U.K.The MMO may pay to its members such remuneration and allowances as the Secretary of State may determine.

Pensions, allowances and gratuitiesU.K.

12U.K.If required to do so by the Secretary of State, the MMO must—

(a)pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a member;

(b)pay such sums as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.

Compensation for loss of officeU.K.

13U.K.If—

(a)a person ceases to be a member, and

(b)it appears to the Secretary of State that there are special circumstances which make it appropriate for the person to receive compensation,

the Secretary of State may require the MMO to make such payments to the person as the Secretary of State may determine.

Chief executiveU.K.

14(1)The MMO must appoint a person to be its chief executive.U.K.

(2)The person appointed must have been approved by the Secretary of State.

(3)The chief executive is an employee of the MMO.

(4)The Secretary of State may appoint the first chief executive.

Chief scientific adviserU.K.

15(1)The MMO must appoint a person to be its chief scientific adviser.U.K.

(2)The chief scientific adviser is an employee of the MMO.

(3)The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

Other staffU.K.

16(1)The MMO may appoint other employees.U.K.

(2)The MMO may only make an appointment under sub-paragraph (1) with the approval of the Secretary of State as to any terms and conditions of employment not falling within paragraph 17 or 18.

Staff remuneration and allowancesU.K.

17(1)The MMO may pay such remuneration and allowances as it may determine to any of its employees.U.K.

(2)The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.

Staff pensions etcU.K.

18(1)The MMO may—U.K.

(a)pay such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the MMO;

(b)pay such sums as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such person.

(2)The MMO may only make a determination under sub-paragraph (1) with the approval of the Secretary of State.

Staff superannuationU.K.

19(1)Employment with the MMO is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.U.K.

(2)Accordingly, in Schedule 1 to that Act (kinds of employment to which the Act applies) insert at the appropriate place—

“Marine Management Organisation.”

(3)The MMO must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.

ProcedureU.K.

20U.K.Subject to the following provisions of this Schedule, the MMO may regulate—

(a)its own procedure (including quorum), and

(b)the procedure of any of its committees or sub-committees (including quorum).

Delegation of functionsU.K.

21(1)The MMO may authorise a committee, sub-committee, member or employee of the MMO to exercise any of the MMO's functions.U.K.

(2)The MMO must keep a record of any authorisations under sub-paragraph (1).

(3)Sub-paragraph (1) does not—

(a)prevent the MMO from exercising the function itself, or

(b)affect the power of the MMO to authorise an employee of the MMO to carry out functions of the MMO.

Membership of committees and sub-committeesU.K.

22(1)A committee or sub-committee may include persons who are not members of the MMO.U.K.

(2)The MMO may pay such remuneration and allowances as it may determine to any person who—

(a)is a member of a committee or sub-committee, but

(b)is not a member of the MMO.

(3)The MMO may only make a determination under sub-paragraph (2) with the approval of the Secretary of State.

Validity of proceedingsU.K.

23U.K.The validity of anything done by the MMO, or by any committee or sub-committee of the MMO, is not affected by any of the following—

(a)any vacancy in the office of chair of the MMO or chair of the committee or sub-committee,

(b)any deficiency in the number of ordinary members or in the number of members of the committee or sub-committee,

(c)any defect in, or suspension of, any person's appointment as the chair or other member of the MMO or of the committee or sub-committee.

Application of seal and proof of documentsU.K.

24(1)The application of the MMO's seal must be authenticated by the signature of—U.K.

(a)a member who is authorised (generally or specially) for that purpose, or

(b)an employee of the MMO who is so authorised.

(2)A document purporting to be duly executed under the seal of the MMO is to be received in evidence and taken to be so executed, unless the contrary is shown.

Documents served etc by the MMOU.K.

25(1)Any document which the MMO is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the MMO by any member or employee of the MMO who has been authorised for the purpose, whether generally or specially, by the MMO.U.K.

(2)Every document purporting—

(a)to be an instrument made or issued by or on behalf of the MMO, and

(b)to be signed by a person authorised by the MMO for the purpose,

is to be received in evidence and taken to be so made or issued, unless the contrary is shown.

Annual reportU.K.

26(1)For each financial year, the MMO must prepare an annual report on how it has discharged its functions during the year.U.K.

(2)The MMO must send the report to the Secretary of State as soon as possible after the end of the year to which it relates.

(3)The Secretary of State must lay a copy of the report before each House of Parliament.

(4)In this paragraph “financial year” means—

(a)the period that—

(i)begins with the day on which the MMO is established, and

(ii)ends with the next 31st March,

(b)each subsequent period of 12 months ending with 31st March.

Accounts and recordsU.K.

27(1)The MMO must keep proper accounts and proper records in relation to the accounts.U.K.

(2)For each financial year, the MMO must prepare a statement of accounts in respect of that financial year.

(3)The statement must be in such form as the Secretary of State may direct.

(4)Within such period as the Secretary of State may direct, the MMO must send a copy of the statement to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(5)In this paragraph “financial year” has the same meaning as in paragraph 26.

AuditU.K.

28(1)This paragraph applies where, in pursuance of paragraph 27, the MMO has sent a copy of a statement of accounts to the Comptroller and Auditor General.U.K.

(2)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement, and

(b)send a copy of the certified statement and of the report to the Secretary of State as soon as possible.

(3)The Secretary of State must lay before each House of Parliament a copy of the certified statement and of the report.

Duty to provide information to the Secretary of StateU.K.

29(1)The MMO must provide the Secretary of State with—U.K.

(a)copies of such returns or accounts, or

(b)such information,

as the Secretary of State may require.

(2)Sub-paragraph (1) applies only in relation to accounts, returns or information relating to—

(a)the MMO's property, or

(b)the discharge, or proposed discharge, of the MMO's functions.

(3)The MMO must also—

(a)permit any person authorised by the Secretary of State to inspect and make copies of any accounts or other documents of the MMO, and

(b)provide such explanation of them as the Secretary of State or that person may require.

Section 1

Schedule 2U.K.Minor and consequential amendments relating to the MMO

Public Records Act 1958 (c. 51)U.K.

1U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3 insert at the appropriate place—

“The Marine Management Organisation.”

Parliamentary Commissioner Act 1967 (c. 13)U.K.

2U.K.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) insert at the appropriate place—

“The Marine Management Organisation.”

House of Commons Disqualification Act 1975 (c. 24)U.K.

3U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—

“The Marine Management Organisation.”

Race Relations Act 1976 (c. 74)U.K.

4U.K.[F1In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty) insert at the appropriate place under the heading “ Other Bodies, Etc. ”

“The Marine Management Organisation.”]

Inheritance Tax Act 1984 (c. 51)U.K.

5U.K.In Schedule 3 to the Inheritance Tax Act 1984 (gifts for national purposes etc) after the entry for the Countryside Council for Wales insert—

“The Marine Management Organisation.”

Freedom of Information Act 2000 (c. 36)U.K.

6U.K.In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) insert at the appropriate place—

“The Marine Management Organisation.”

Section 39

Schedule 3U.K.Transfer schemes

IntroductoryU.K.

1U.K.In this Schedule—

• “transferor” means the person from whom any property, rights or liabilities are transferred;

• “transferee” means the person to whom any property, rights or liabilities are transferred.

The property, rights and liabilities that may be transferredU.K.

2(1)A scheme may provide for the transfer of any property, rights or liabilities, whether or not otherwise capable of being transferred or assigned.U.K.

(2)A scheme may provide for the transfer of any property, rights or liabilities to take effect regardless of any such—

(a)contravention,

(b)liability, or

(c)interference with an interest or right,

as there would be (apart from this sub-paragraph) by reason of an inhibiting provision.

(3)For the purposes of sub-paragraph (2) an “inhibiting provision” is a provision having effect (whether under an enactment or an agreement or in any other way) in relation to the terms on which the transferor is entitled to the property or right, or is subject to the liability, that is the subject of the transfer.

Creation and apportionment of property, rights or liabilitiesU.K.

3(1)A scheme may—U.K.

(a)create for the transferor interests in or rights over property transferred by virtue of the scheme;

(b)create for the transferee interests in or rights over property retained by the transferor;

(c)create rights or liabilities between the transferor and the transferee.

(2)In this Schedule, any reference—

(a)to the transfer of interests, rights or liabilities by virtue of a scheme, or

(b)to any interests, rights or liabilities transferred by virtue of a scheme,

includes a reference to the creation of interests, rights or liabilities, or to interests, rights or liabilities created, by virtue of sub-paragraph (1).

(3)A scheme may make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the transferee with respect to the subject matter of the scheme.

Vesting certificatesU.K.

4U.K.A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence of that fact for all purposes.

Employment contractsU.K.

5(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.U.K.

(2)The contract of employment—

(a)is not terminated by the transfer, and

(b)has effect from the transfer date as if made between the employee and the transferee.

(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5)This paragraph is subject to paragraph 6.

Employee expressing objection to transfer of contract of employmentU.K.

6(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee objects to the transfer and informs the transferor or transferee of that objection.U.K.

(2)If the employee informs the transferor or transferee of an objection under sub-paragraph (1)—

(a)the employee's contract of employment is terminated immediately before the transfer date, but

(b)the employee is not to be treated, for any purpose, as having been dismissed by the transferor.

Right to terminate contract of employment for substantial detrimental change in conditionsU.K.

7U.K.Nothing in this Schedule affects any right a person has to terminate a contract of employment if (apart from the change of employer) a substantial detrimental change is made in the person's working conditions.

Civil servantsU.K.

8(1)This Schedule applies with the following modifications in relation to employment in the civil service of the State on terms which do not constitute a contract of employment.U.K.

(2)In the case of an individual who holds employment in the civil service of the State immediately before the transfer date—

(a)the individual is to be treated as employed by virtue of a contract of employment,

(b)the terms of that employment are to be regarded as constituting the terms of that contract, and

(c)the reference in paragraph 6 to dismissal by the transferor is to be read as a reference to termination of that employment.

(3)In the case of an individual who is to hold employment in the civil service of the State on and after the transfer date, the terms and conditions of the individual's contract of employment immediately before that date have effect on and after that date as if they were terms and conditions of the individual's employment in the civil service of the State.

CompensationU.K.

9U.K.A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by the scheme.

ValidityU.K.

10U.K.A transfer under this Schedule does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

ContinuityU.K.

11(1)Anything which—U.K.

(a)is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

is to be treated as done by the transferee.

(2)There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a)which relates to anything transferred by virtue of a scheme, and

(b)which is in the process of being done by or in relation to the transferor immediately before the transfer date.

DocumentsU.K.

12U.K.In any document which—

(a)relates to anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

any reference to the transferor is to be read as a reference to the transferee.

RemediesU.K.

13U.K.As from the date on which a transfer takes effect—

(a)the transferee, and

(b)any other persons,

are to have the same rights, powers and remedies with regard to any right or liability transferred as if the right or liability had at all times been a right or liability of the transferee.

Interim arrangementsU.K.

14(1)A scheme may include provision requiring a transferor to make available to a transferee during any interim period any of the following—U.K.

(a)any designated premises or facilities occupied or used by the transferor;

(b)any designated officers or employees of the transferor.

(2)In this paragraph “interim period”, in the case of any transfer by virtue of a scheme, means a period—

(a)beginning with the day following the making of the scheme, and

(b)ending with the date on which the transfer takes effect.

Retrospective modification of schemesU.K.

15(1)If, at any time after a scheme has come into force, the Secretary of State considers it appropriate to do so, the Secretary of State may direct that the scheme shall be taken to have come into force with such modifications as may be specified in the direction.U.K.

(2)A direction under this paragraph—

(a)may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and

(b)in connection with giving effect to that provision from that time, may contain such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.

Incidental, consequential, supplemental or transitional provision or savingsU.K.

16U.K.A scheme may include such incidental, consequential, supplemental or transitional provision or savings as the Secretary of State thinks fit.

Sections 41 and 43

Schedule 4U.K.Exclusive economic zone and Welsh zone: consequential amendments

Part 1 U.K.Exclusive economic zone

Continental Shelf Act 1964U.K.

1(1)Section 8 of the Continental Shelf Act 1964 (c. 29) (application of the Submarine Telegraph Act 1885 (c. 49) to pipe-lines and submarine cables) is amended as follows.U.K.

(2)In subsection (1A) (submarine cables and pipe-lines under waters in an area designated under section 1(7) of the 1964 Act) for “section 1(7) of this Act” substitute “ section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone). ”.

Fishery Limits Act 1976U.K.

2(1)Section 1 of the Fishery Limits Act 1976 (c. 86) (British fishery limits) is amended as follows.U.K.

(2)For subsection (1) substitute—

“(1)Subject to the following provisions of this section, British fishery limits extend to the seaward limits of any area for the time being designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone).”.

(3)In consequence of the amendment made by sub-paragraph (2), subsections (3) and (4) of that section cease to have effect.

(4)Her Majesty may by Order in Council repeal, substitute or amend section 1 of the Fishery Limits Act 1976 (British fishery limits), in so far as it extends to the Channel Islands or the Isle of Man, to make appropriate provision in consequence of the creation of the exclusive economic zone.

(5)An Order in Council under sub-paragraph (4) may—

(a)make incidental, consequential, supplementary or transitional provision or savings;

(b)make different provision for different cases.

Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996U.K.

3(1)Article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 (S.I. 1996/282) (provision that may be made by regulations) is amended as follows.U.K.

(2)In paragraph (2)(g) (power to specify areas of sea in which jurisdiction and rights of the United Kingdom are exercisable) for “above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964” substitute “ within any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone) ”.

(3)After paragraph (2)(g), insert—

“(h)varying the area within which areas may for the time being be specified under paragraph (g) to such area as may be specified or described in the regulations.”.

(4)The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation.

Energy Act 2004U.K.

4(1)Section 84 of the Energy Act 2004 (c. 20) (exploitation of areas outside the territorial sea for energy production) is amended as follows.U.K.

(2)For subsection (4) substitute—

“(4)The area within which the rights to which this section applies are exercisable (the “Renewable Energy Zone”)—

(a)is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but

(b)if Her Majesty by Order in Council declares that the Renewable Energy Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.”.

Energy Act 2008U.K.

5(1)The Energy Act 2008 (c. 32) is amended as follows.U.K.

(2)In section 1 (exploitation of areas outside the territorial sea for gas importation and storage), for subsection (5) substitute—

“(5)The area within which the rights to which this section applies are exercisable (the “Gas Importation and Storage Zone”)—

(a)is any area for the time being designated under section 41(3) of the Marine and Coastal Access Act 2009 (exclusive economic zone), but

(b)if Her Majesty by Order in Council declares that the Gas Importation and Storage Zone extends to such other area as may be specified in the Order, is the area resulting from the Order.”.

(3)In section 35 (interpretation of Chapter 3), in subsection (1), for the definition of “Gas Importation and Storage Zone” substitute—

Part 2 U.K.Welsh zone

Government of Wales Act 2006U.K.

6(1)The Government of Wales Act 2006 (c. 32) is amended as follows.U.K.

(2)In section 37(2) (power of Assembly to call for witnesses and documents) after “Wales” insert “ or the Welsh zone ”.

(3)In section 58 (transfer of Ministerial functions)—

(a)in subsection (1)(a), after “Wales” insert “ or the Welsh zone ”,

(b)in subsection (1)(c), after “Wales” insert “ or the Welsh zone ”, and

(c)after subsection (1) insert—

“(1A)An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.

(1B)Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).”

(4)In section 59 (implementation of [F2EU] law)—

(a)in subsection (4)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”, and

(b)in subsection (7)(c) for “Wales or a part of Wales” substitute “ Wales, the Welsh zone or a part of Wales or the Welsh zone ”.

(5)In section 80(2)(b) ([F2EU] law) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(6)In section 82(5)(b) (international obligations) for “the whole or part of Wales” substitute “ the whole or part of Wales or of the Welsh zone ”.

(7)In section 155(1)(b) (functions exercisable in relation to Wales) after “Wales” insert “ or the Welsh zone ”.

(8)In section 159 (index of defined expressions), insert at the appropriate place—

Sections 44 and 47

Schedule 5U.K.Preparation of an MPS or of amendments of an MPS

IntroductoryU.K.

1U.K.Before any policy authorities publish a relevant document, they must comply with the requirements imposed by the following provisions of this Schedule.

InterpretationU.K.

2(1)In this Schedule—U.K.

• “consultation draft” is to be read in accordance with paragraph 8;

• “the final text” means that draft of the relevant document which is adopted by the relevant authorities and published by them under paragraph 12 as the relevant document;

• “the relevant authorities” means the policy authorities that publish the relevant document;

• “relevant document” means—

  (a)

  an MPS, or

  (b)

  amendments of an MPS;

• “SPP” means a statement of public participation under paragraph 4.

(2)In this Schedule—

(a)any reference to each, some or any of the relevant authorities is a reference to those authorities separately,

(b)any other reference to the relevant authorities is a reference to those authorities acting jointly.

Consultation in Northern IrelandU.K.

3(1)If one of the relevant authorities is the Department of the Environment in Northern Ireland, that Department must consult the other relevant Northern Ireland departments—U.K.

(a)during the preparation of the consultation draft, and

(b)during the settling of the final text.

(2)For the purposes of this paragraph, the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participationU.K.

4(1)The relevant authorities must prepare and publish a statement of public participation (an “SPP”).U.K.

(2)An SPP is a statement of the policies settled by the relevant authorities for or in connection with the involvement of interested persons in the preparation of the relevant document.

(3)The relevant authorities must publish the SPP in a way calculated to bring it to the attention of interested persons.

(4)In this paragraph “interested persons” means—

(a)any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b)members of the general public.

(5)Each of the relevant authorities must take all reasonable steps to comply with the SPP.

Further provision about the content of an SPPU.K.

5(1)An SPP must include a proposed timetable.U.K.

(2)The proposed timetable must include such provision as the relevant authorities consider reasonable for each of the following—

(a)the preparation and publication of a consultation draft under paragraph 8 (including the carrying out of the sustainability appraisal under paragraph 7);

(b)the making of representations about the consultation draft;

(c)the consideration of representations under paragraph 9 and the settling of the final text;

(d)the adoption and publication of the relevant document.

(3)An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4)An SPP must include provision about the making of representations under paragraph 9 about the consultation draft, including provision about—

(a)the manner in which representations may be made;

(b)the time within which representations must be made.

(5)An SPP must state the period which it is proposed will be allocated for legislative scrutiny of the consultation draft under paragraph 10 (resolution or recommendations by appropriate legislative body or committee).

Review and revision of an SPPU.K.

6(1)The relevant authorities must keep the SPP under review.U.K.

(2)If at any time the relevant authorities consider it necessary or expedient to revise the SPP, they must do so.

(3)Where the relevant authorities revise the SPP, they must publish it as revised.

(4)Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Sustainability appraisalU.K.

7(1)The relevant authorities must carry out an appraisal of the sustainability of their proposals for inclusion in the relevant document.U.K.

(2)The relevant authorities may proceed with those proposals only if they consider that the results of the appraisal indicate that it is appropriate to do so.

(3)The relevant authorities must publish a report of the results of the appraisal.

(4)The report is to be published when the relevant authorities publish the consultation draft under paragraph 8.

Preparation and publication of a consultation draftU.K.

8(1)The relevant authorities must prepare and publish a draft of the proposed relevant document (the “consultation draft”).U.K.

(2)The relevant authorities must publish the consultation draft in such manner as they consider appropriate.

(3)They must also take such steps as they consider appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(4)In sub-paragraph (3) “interested persons” means—

(a)any persons appearing to the relevant authorities to be likely to be interested in, or affected by, policies proposed to be included in the relevant document, and

(b)members of the general public.

Representations about the consultation draftU.K.

9(1)Any person may make representations about the consultation draft.U.K.

(2)Any such representations are to be made in accordance with the SPP.

(3)If any representations are made about the consultation draft, the relevant authorities must consider them in the course of settling the final text.

The appropriate legislative procedureU.K.

10(1)A policy authority must not adopt the final text unless it has complied with the requirements of this paragraph.U.K.

(2)The policy authority must lay a copy of the consultation draft before the appropriate legislature.

(3)The appropriate legislature is—

(a)in the case of the Secretary of State, Parliament;

(b)in the case of the Scottish Ministers, the Scottish Parliament;

(c)in the case of the Welsh Ministers, the National Assembly for Wales;

(d)in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.

(4)If during the period allocated to it for legislative scrutiny of the consultation draft—

(a)an appropriate legislative body makes a resolution with regard to the consultation draft, or

(b)an appropriate legislative committee makes recommendations with regard to the consultation draft,

sub-paragraph (5) applies.

(5)The policy authority must lay before the appropriate legislature a statement setting out the policy authority's response to the resolution or recommendations.

(6)The period allocated to an appropriate legislative body or appropriate legislative committee for legislative scrutiny of the consultation draft is such period as the policy authority may specify.

(7)The policy authority must specify the period allocated for legislative scrutiny of the consultation draft on or before the day on which a copy of that draft is laid before the appropriate legislature under sub-paragraph (2).

(8)In this paragraph—

• “appropriate legislative body” means—

  (a)

  in the case of the Secretary of State, either House of Parliament;

  (b)

  in the case of any other policy authority, the appropriate legislature;

• “appropriate legislative committee” means—

  (a)

  in the case of the Secretary of State, a committee of either House of Parliament;

  (b)

  in the case of any other policy authority, a committee of the appropriate legislature.

Differences between the consultation draft and the final textU.K.

11(1)This paragraph applies if there are any differences between—U.K.

(a)the proposed policies, statements and information contained in the consultation draft, and

(b)the policies, statements and information contained in the final text.

(2)When the relevant authorities publish the relevant document, they must also publish—

(a)a summary of the differences, and

(b)a statement of the reasons for them.

Adoption and publication of the relevant documentU.K.

12(1)A policy authority adopts the final text by—U.K.

(a)deciding that the final text is to be published as the relevant document, and

(b)giving notice of that decision to each of the other policy authorities.

(2)The relevant document is to be published by the relevant authorities, acting jointly, as soon as reasonably practicable after the final text has been adopted by each of them.

(3)If the final text has been adopted by one or more, but not all, of the policy authorities, the authorities that have not adopted the final text must be allowed a reasonable period in which to do so before the relevant document is published.

Validity of document where policy authority participates in preparation but does not adoptU.K.

13(1)If any policy authority—U.K.

(a)participates to any extent in the preparation of a relevant document, but

(b)does not adopt the final text,

sub-paragraph (2) applies.

(2)The participation of the policy authority in the preparation of the relevant document does not affect the validity of—

(a)the relevant document, or

(b)the adoption of that document by any of the other policy authorities.

Section 51

Schedule 6U.K.Marine plans: preparation and adoption

Marine plan authority to notify related planning authorities of decision to prepare planU.K.

1(1) A marine plan authority which decides to prepare a marine plan for a marine plan area must, before beginning to prepare the plan, give notice of its intention to do so to each of the related planning authorities.U.K.

(2)The “related planning authorities” are—

(a)the Secretary of State (unless the Secretary of State is the marine plan authority);

(b)any marine plan authority whose marine planning region adjoins or is adjacent to the marine plan area;

(c)if the Scottish inshore region adjoins or is adjacent to the marine plan area, the Scottish Ministers;

(d)any local planning authority whose area adjoins or is adjacent to the marine plan area;

(e)any responsible regional authorities whose region adjoins or is adjacent to the marine plan area.

[F3(f)any [F4corporate joint committee whose] area adjoins or is adjacent to the marine planning area.]

(3)In this paragraph—

• [F5“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;]

• “local planning authority” means an authority which is—

  (a)

  a local planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (c. 5) (see section 37 of that Act),

  (aa)

  [F6a local planning authority for the purposes of Part 6 of the Planning and Compulsory Purchase Act 2004 (see section 78 of that Act),] or

  (b)

  a planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8) (see section 1 of that Act);

• “responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy).

• F7...

Secretary of State to be kept informed of authority's intentions as to certain mattersU.K.

2(1)This paragraph applies in any case where a marine plan authority gives notice to the Secretary of State under paragraph 1(2)(a).U.K.

(2)The notice must state whether the marine plan authority proposes to include in the plan provision relating to retained functions (see sections 59 and 60).

(3)The notice must state whether the marine plan authority proposes so to prepare the marine plan that it will not be in conformity with any MPS which governs marine planning for the marine plan area.

(4)The marine plan authority must keep the Secretary of State informed (by giving further notices) of any changes that may from time to time occur in its intentions with respect to any of the matters mentioned in sub-paragraph (2) or (3).

Marine plans to be compatible with certain other marine plans and Planning Act plansU.K.

3(1)In preparing or amending a marine plan for a marine plan area in its region, a marine plan authority must take all reasonable steps to secure that the plan is compatible with the marine plan for any marine plan area (whether or not within its marine planning region) which is related to that area.U.K.

(2)The marine plan authority for—

(a)the English inshore region, or

(b)the Welsh inshore region,

must also take all reasonable steps to secure that any marine plan for a marine plan area in its marine planning region is compatible with the [F8development plan] for any area in England, Wales or Scotland which is related to the marine plan area.

(3)For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—

(a)the one area adjoins or is adjacent to the other;

(b)the one area lies wholly or partly within the other;

(c)the whole or any part of the one area affects or is affected by the whole or any part of the other.

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this paragraph—

• “development plan”—

  (a)

  in the case of an area in England or Wales, is to be read in accordance with section 38(2) to (4) of the Planning and Compulsory Purchase Act 2004 (c. 5);

  (b)

  in the case of an area in Scotland, is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997 (c. 8);

• F10...

Consultation in Northern IrelandU.K.

4(1)In the case of a marine plan for a marine plan area in the Northern Ireland offshore region, the marine plan authority must consult the relevant Northern Ireland departments—U.K.

(a)during the preparation of the consultation draft under paragraph 11, and

(b)during the settling of the text of the plan for adoption and publication under paragraph 15.

(2)For the purposes of this paragraph the relevant Northern Ireland departments are those Northern Ireland departments which have functions in relation to the whole or any part of the UK marine area.

Statement of public participationU.K.

5(1)Before preparing a marine plan for any marine plan area, a marine plan authority must prepare and publish a statement of public participation (an “SPP”).U.K.

(2)An SPP is a statement of the policies settled by the marine plan authority for or in connection with the involvement of interested persons in the preparation of the proposed marine plan.

(3)An SPP must identify (by means of a map or otherwise) the area for which the marine plan is being prepared.

(4)If the marine plan authority proposes to include provision relating to retained functions, the SPP—

(a)must state that that is the case, and

(b)may be published only with the agreement of the Secretary of State.

(5)An SPP must invite the making of representations in accordance with the SPP as to matters to be included in the proposed marine plan.

(6)The marine plan authority must publish the SPP in a way calculated to bring it to the attention of interested persons.

(7)The marine plan authority must take all reasonable steps to comply with the SPP.

(8)In this paragraph “interested persons” means—

(a)any persons appearing to the marine plan authority to be likely to be interested in, or affected by, policies proposed to be included in the marine plan, and

(b)members of the general public.

Further provision about the content of an SPPU.K.

6(1)An SPP must include a proposed timetable.U.K.

(2)The proposed timetable must include such provision as the marine plan authority considers reasonable for each of the following—

(a)the preparation and publication of the consultation draft under paragraph 11 (including the carrying out of the sustainability appraisal under paragraph 10);

(b)the making of representations about the consultation draft;

(c)the consideration of representations under paragraph 12 and the settling of the text of the marine plan for adoption and publication under paragraph 15;

(d)the adoption and publication of the marine plan under that paragraph.

(3)An SPP may include provision for or in connection with the holding of public meetings about the consultation draft.

(4)An SPP must include provision about the making of—

(a)representations, in response to the invitation issued under paragraph 5(5), about the matters to be included in the proposed marine plan, and

(b)representations under paragraph 12 about the consultation draft.

(5)The provision to be made under sub-paragraph (4) includes provision about—

(a)the manner in which representations may be made, and

(b)the time within which representations must be made.

Review and revision of the SPPU.K.

7(1)The marine plan authority must keep the SPP under review.U.K.

(2)If at any time the marine plan authority considers it necessary or expedient to revise the SPP, it must do so.

(3)The marine plan authority must revise the SPP if—

(a)it proposes to include in the marine plan provision relating to retained functions, and

(b)the SPP does not already include a statement that that is the case.

(4)Where the marine plan authority revises the SPP, it must publish the SPP as revised.

(5)In any case where the SPP is required to be revised by virtue of sub-paragraph (3), the revised SPP may be published only with the agreement of the Secretary of State.

(6)Any reference in this Schedule to an SPP includes a reference to an SPP as revised.

Advice and assistanceU.K.

8(1)In connection with the preparation of a marine plan, or of any proposals for a marine plan, the marine plan authority may seek advice or assistance from any body or person in relation to any matter in which that body or person has particular expertise.U.K.

(2)The steps that a marine plan authority may take for the purpose of facilitating the involvement of interested persons in—

(a)the development of proposals for inclusion in a proposed marine plan, or

(b)consultation in connection with such proposals,

include the convening of groups of persons for such purposes, and in such manner, as the marine plan authority considers appropriate.

(3)In this paragraph “interested persons” has the same meaning as in paragraph 5.

Matters to which a marine plan authority is to have regard in preparing a marine planU.K.

9(1)The matters to which a marine plan authority is to have regard in preparing a marine plan include each of the matters in sub-paragraph (2).U.K.

(2)Those matters are—

(a)the requirement under section 51(6) for a marine plan to be in conformity with any MPS which governs marine planning for the marine plan area, unless relevant considerations indicate otherwise,

(b)the duties imposed by paragraph 3(1) and (2) with respect to securing compatibility with marine plans or [F11development plans] for areas which are related to the marine plan area,

(c)the effect which any proposal for inclusion in the plan is likely to have on any area which is related to the marine plan area;

(d)the results of the review required by section 54,

(e)the SPP,

(f)any representations made in response to the invitation issued pursuant to sub-paragraph (5) of paragraph 5,

(g)any advice received under paragraph 8(1),

(h)any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the marine plan area or in any adjoining or adjacent area in England or Wales, Scotland or Northern Ireland,

(i)the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c. 55),

and such other matters as the marine plan authority considers relevant.

(3)For the purposes of this paragraph, one area is related to another if one or more of the following conditions is met—

(a)the one area adjoins or is adjacent to the other;

(b)the one area lies wholly or partly within the other;

(c)the whole or any part of the one area affects or is affected by the whole or any part of the other.

Sustainability appraisalU.K.

10(1)A marine plan authority preparing a marine plan must carry out an appraisal of the sustainability of its proposals for inclusion in the plan.U.K.

(2)The authority may proceed with those proposals only if it considers that the results of the appraisal indicate that it is appropriate to do so.

(3)The marine plan authority must publish a report of the results of the appraisal.

(4)The report is to be published when the marine plan authority publishes the consultation draft under paragraph 11.

Preparation and publication of a consultation draftU.K.

11(1)A marine plan authority preparing a marine plan must publish a draft containing its proposals for inclusion in the plan (the “consultation draft”).U.K.

(2)If the draft includes provision relating to retained functions, it may be published only with the agreement of the Secretary of State.

(3)The marine plan authority must publish the consultation draft in such manner as it considers appropriate.

(4)The marine plan authority must also take such steps as it considers appropriate to secure that the proposals contained in the consultation draft are brought to the attention of interested persons.

(5)In this paragraph “interested persons” has the same meaning as in paragraph 5.

Representations about the consultation draftU.K.

12(1)Any person may make representations about the consultation draft.U.K.

(2)Any such representations are to be made in accordance with the SPP.

(3)If any representations are made about the consultation draft, the marine plan authority must consider them in the course of settling the text of the marine plan for adoption and publication under paragraph 15.

Independent investigationU.K.

13(1)A marine plan authority which has published a consultation draft in accordance with paragraph 11 must consider appointing an independent person to investigate the proposals contained in that draft and to report on them.U.K.

(2)In deciding whether to appoint such a person, the marine plan authority must have regard to—

(a)any representations received about the matters to be included in the proposed marine plan, in response to the invitation issued pursuant to paragraph 5(5),

(b)any representations received about the proposals published in the consultation draft,

(c)the extent to which matters raised by representations falling within paragraph (b) have not been resolved,

and such other matters as the marine plan authority considers relevant.

(3)Any person so appointed must—

(a)make recommendations, and

(b)give reasons for the recommendations.

(4)The marine plan authority must publish the recommendations and the reasons given for them.

Matters to which marine plan authority to have regard in settling text for adoption etcU.K.

14U.K.A marine plan authority settling the text of a marine plan for adoption and publication under paragraph 15 must have regard to—

(a)any recommendations made by any person appointed under paragraph 13,

(b)the reasons given by any such person for any such recommendations,

and any other matters that the marine plan authority considers relevant.

Adoption and publication of a marine planU.K.

15(1)A marine plan is “adopted” by a marine plan authority when the authority has decided to publish the plan (and “adopt” and related expressions are to be read accordingly).U.K.

(2)A marine plan may be so adopted only by, or with the agreement of, the Secretary of State.

(3)Sub-paragraph (2) does not apply in the case of a marine plan for the Welsh inshore region if the plan does not include provision relating to retained functions.

(4)The conferral on a devolved authority by this Part of functions whose exercise is subject to the agreement of the Secretary of State under sub-paragraph (2) does not affect any functions, or the exercise of any functions, of the devolved authority apart from this Part (whenever conferred or imposed).

(5)In sub-paragraph (4) “devolved authority” means—

(a)the Scottish Ministers;

(b)the Welsh Ministers;

(c)the Department of the Environment in Northern Ireland.

(6)The marine plan which a marine plan authority decides to publish may be—

(a)the same as the proposals published in the consultation draft, or

(b)those proposals with such modifications as the marine plan authority thinks fit.

(7)A marine plan authority which adopts a marine plan must publish the plan as soon as reasonably practicable after its adoption, together with statements of each of the following—

(a)any modifications that have been made to the proposals published in the consultation draft,

(b)the reasons for those modifications,

(c)if any recommendations made by any independent person appointed under paragraph 13 have not been implemented in the marine plan, the reasons why those recommendations have not been implemented.

Section 97

Schedule 7U.K.Further provision about civil sanctions under Part 4

InterpretationU.K.

1U.K.In this Schedule “civil sanction” means a fixed monetary penalty or a variable monetary penalty.

Fixed monetary penalties: other sanctionsU.K.

2(1)Provision under section 93 must secure that, in a case where a notice of intent referred to in section 94(2)(a) is served on a person—U.K.

(a)no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 94(2)(b), and

(b)if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.

(2)Provision under section 93 must also secure that, in a case where a fixed monetary penalty is imposed on a person—

(a)that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b)the enforcement authority may not issue a compliance notice or a remediation notice to that person in respect of the act or omission giving rise to the penalty.

Variable monetary penalties: other sanctionsU.K.

3U.K.Provision under section 95 must secure that, in a case where a variable monetary penalty is imposed on a person—

(a)that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty;

(b)the enforcement authority may not issue a compliance notice to that person in respect of the act or omission giving rise to the penalty.

Combination of sanctionsU.K.

4(1)Provision may not be made under section 93 and section 95 conferring powers on an enforcement authority in relation to the same offence unless it secures that—U.K.

(a)the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a variable monetary penalty has been imposed on that person in relation to that act or omission, and

(b)the authority may not serve a notice of intent referred to in section 96(2)(a) on a person in relation to any act or omission where—

(i)a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii)the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).

(2)Provision under section 93 which results in an enforcement authority having power to impose a fixed monetary penalty or to issue a stop notice in relation to the same offence must secure that—

(a)the authority may not serve a notice of intent referred to in section 94(2)(a) on a person in relation to any act or omission where a stop notice has been served on that person in relation to that act or omission, and

(b)the authority may not serve a stop notice on a person in relation to any act or omission where—

(i)a fixed monetary penalty has been imposed on that person in relation to that act or omission, or

(ii)the person has discharged liability to a fixed monetary penalty in relation to that act or omission pursuant to section 94(2)(b).

Monetary penaltiesU.K.

5(1)An order under section 93 or 95 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty or a variable monetary penalty may include provision—U.K.

(a)for early payment discounts;

(b)for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(c)for enforcement of the penalty.

(2)Provision under sub-paragraph (1)(c) may include—

(a)provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b)provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.

Costs recoveryU.K.

6(1)Provision under section 95 may include provision for an enforcement authority, by notice, to require a person on whom a variable monetary penalty is imposed to pay the costs incurred by the enforcement authority in relation to the imposition of the penalty up to the time of its imposition.U.K.

(2)In sub-paragraph (1) the references to costs include in particular—

(a)investigation costs;

(b)administration costs;

(c)costs of obtaining expert advice (including legal advice).

(2)Provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served—

(a)the notice specifies the amount required to be paid;

(b)the enforcement authority may be required to provide a detailed breakdown of that amount;

(c)the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred;

(d)the person required to pay costs may appeal against—

(i)the decision of the enforcement authority to impose the requirement to pay costs;

(ii)the decision of the enforcement authority as to the amount of those costs.

(4)Provision under this paragraph may include the provision referred to in sub-paragraphs (1)(b) and (c) and (2) of paragraph 5.

(5)Provision under this paragraph must secure that an enforcement authority is required to publish guidance about how it will exercise the power conferred by the provision.

AppealsU.K.

7(1)An order under section 93 or 95 may not provide for the making of an appeal other than to—U.K.

(a)the First-Tier Tribunal, or

(b)another tribunal created under an enactment.

This sub-paragraph does not apply in the case of an order made by the Scottish Ministers.

(2)In sub-paragraph (1)(b)—

• “enactment” includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;

• “tribunal” does not include an ordinary court of law.

(3)An order under section 93 or 95 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—

(a)provision suspending the requirement or notice pending determination of the appeal;

(b)provision as to the powers of any person to whom the appeal is made;

(c)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

(4)The provision referred to in sub-paragraph (3)(b) includes provision conferring on the person to whom the appeal is made power—

(a)to withdraw the requirement or notice;

(b)to confirm the requirement or notice;

(c)to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;

(d)to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;

(e)to award costs.

ConsultationU.K.

8(1)Before making an order under section 93 or 95, the appropriate licensing authority must consult the following (in addition to any persons who must be consulted under paragraph 9)—U.K.

(a)the enforcement authority to which the order relates,

(b)such organisations as appear to the licensing authority to be representative of persons substantially affected by the proposals, and

(c)such other persons as the licensing authority considers appropriate.

(2)If, as a result of any consultation required by sub-paragraph (1), it appears to the licensing authority that it is appropriate substantially to change the whole or any part of the proposals, the licensing authority must undertake such further consultation with respect to the changes as it considers appropriate.

(3)If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.

Guidance as to use of civil sanctionsU.K.

9(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the provision conferring the power must secure the results in sub-paragraph (2).U.K.

(2)Those results are that—

(a)the enforcement authority must publish guidance about its use of the sanction,

(b)in the case of guidance relating to a fixed monetary penalty or a variable monetary penalty, the guidance must contain the relevant information,

(c)the enforcement authority must revise the guidance where appropriate,

(d)the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

(e)the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.

(3)In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the amount of the penalty,

(d)how liability for the penalty may be discharged and the effect of discharge, and

(e)rights to make representations and objections and rights of appeal.

(4)In the case of guidance relating to a variable monetary penalty, the relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the matters likely to be taken into account by the enforcement authority in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and

(d)rights to make representations and objections and rights of appeal.

Guidance as to enforcement of offencesU.K.

10(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence the enforcement authority must prepare and publish guidance about how the offence is enforced.U.K.

(2)The guidance must include guidance as to—

(a)the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

(b)the action which the enforcement authority may take to enforce the offence, whether by virtue of section 93 or 95 or otherwise, and

(c)the circumstances in which the enforcement authority is likely to take any such action.

(3)An enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.

(4)The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.

Publication of enforcement actionU.K.

11(1)Where power is conferred on an enforcement authority under section 93 or 95 to impose a civil sanction in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).U.K.

(2)That result is that the enforcement authority must from time to time publish reports specifying—

(a)the cases in which the civil sanction has been imposed,

(b)where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to section 94(2)(b), and

(c)where the civil sanction is a variable monetary penalty, the cases in which an undertaking referred to in section 96(5) is accepted from such a person.

(3)In sub-paragraph (2)(a), the reference to cases in which the civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal.

(4)The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate licensing authority considers that it would be inappropriate to do so.

Payment of penalties into Consolidated Fund etcU.K.

12(1)Where pursuant to any provision made under section 93 or 95 an enforcement authority receives—U.K.

(a)a fixed monetary penalty or a variable monetary penalty, or

(b)any interest or other financial penalty for late payment of such a penalty,

the authority must pay it into the relevant Fund.

(2)In sub-paragraph (1) “the relevant Fund” means—

(a)in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;

(b)in a case where the authority has functions only in relation to Scotland, the Scottish Consolidated Fund;

(c)in a case where the authority has functions only in relation to Northern Ireland, the Consolidated Fund of Northern Ireland;

(d)in any other case, the Consolidated Fund.

Disclosure of informationU.K.

13(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 93 or 95 where—U.K.

(a)the person has an enforcement function in relation to an offence, and

(b)the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under any of those sections in relation to that offence.

(2)The persons are—

(a)the Crown Prosecution Service,

(b)a member of a police force in England or Wales,

(c)a Procurator Fiscal,

(d)a constable of [F12the Police Service of Scotland],

(e)the Public Prosecution Service for Northern Ireland, or

(f)a member of the Police Service of Northern Ireland.

(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)[F13the data protection legislation], or

[F14(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.]

(6)This paragraph does not affect a power to disclose which exists apart from this paragraph.

[F15(7)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Section 112(1)

Schedule 8U.K.Licensing: minor and consequential amendments

Part 1 U.K.Consequential amendments

The Coast Protection Act 1949E+W

1(1)The Coast Protection Act 1949 (c. 74) is amended as follows.E+W

(2)Omit Part 2 (provisions for safety of navigation).

(3)In section 49(1) (interpretation), in the definitions of “sea” and “seashore”, for “subsections (2) and (2A)” substitute “ subsection (2) ”.

The Food and Environment Protection Act 1985U.K.

2(1)The Food and Environment Protection Act 1985 (c. 48) is amended as follows.U.K.

(2)In section 5 (requirement for licences)—

(a)in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(b)omit paragraph (b);

(c)in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(d)omit paragraph (e)(ii) and the preceding “or”;

(e)in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”;

(f)in paragraph (g), for “the United Kingdom” substitute “ Scotland ”;

(g)in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

(3)In section 6(1) (requirements for licences for incineration at sea etc)—

(a)in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

(b)omit paragraph (a)(ii) and the preceding “or”;

(c)in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

(4)In section 7A (exclusion of Part 2 for certain purposes)—

(a)in subsection (4), for paragraphs (a) and (b) substitute “ the Scottish inshore region. ”;

(b)omit subsection (5).

(5)In section 8 (licences)—

(a)in subsection (4)(b), for “United Kingdom waters” substitute “ the Scottish inshore region ”;

(b)in subsection (6), omit “evidence, and in Scotland”.

(6)In section 9 (licensing offences)—

(a)in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “ , (4) ”;

(b)omit subsections (5) to (7).

(7)In section 11 (enforcement powers)—

(a)in subsection (2)—

(i)in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;

(ii)for paragraphs (b) and (c) substitute—

“(b)vessels, aircraft, hovercraft and marine structures in Scotland or within the Scottish inshore region,”;

(b)in subsection (3), for paragraphs (a) and (b) substitute “ any vessel within the Scottish inshore region ”.

(8)In section 21 (offences) omit subsection (8).

(9)In section 24(1) (interpretation)—

(a)omit the definition of “adjacent to Scotland”;

(b)omit the definition of “Gas Importation and Storage Zone”;

(c)in the definition of “licensing authority”—

(i)omit paragraph (a);

(ii)in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “ waters within the Scottish inshore region ”;

(iii)in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “ the Scottish inshore region ”;

(iv)in paragraph (b)(iii), omit “and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately”;

(d)after the definition of “plants” insert—

““Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);”;

(e)omit the definitions of “United Kingdom waters” and “United Kingdom controlled waters”.

The Government of Wales Act 2006U.K.

3(1)In Schedule 3 to the Government of Wales Act 2006 (c. 32) (transfer etc of functions: further provisions) paragraph 4 (power to direct that certain functions exercisable by a Minister of the Crown are exercisable in relation to Welsh controlled waters only after consultation with the Welsh Ministers) is amended as follows.U.K.

(2)In sub-paragraph (1) (which extends the power conferred by section 58(1)(c) of that Act and specifies the enactments to which it applies)—

(a)omit paragraph (a) (Part 2 of the Food and Environment Protection Act 1985 (c. 48)), and

(b)after paragraph (b) insert—

“(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or

(d)regulations under section 73 of that Act (appeals),”.

(3)After sub-paragraph (1) insert—

“(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—

(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);

(b)section 101 (registers);

(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);

(d)section 107 (power to test, and charge for testing, certain substances);

(e)sections 235(3) and 240(1)(c) (enforcement officers).”.

The Planning Act 2008U.K.

4(1)The Planning Act 2008 (c. 29) is amended as follows.U.K.

(2)After section 149 insert—

“149A Deemed consent under a marine licence

(1)An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).

(2)The areas are—

(a)England,

(b)waters adjacent to England up to the seaward limits of the territorial sea,

(c)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions,

(d)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions,

(e)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(3)Subsections (4) and (5) apply if an order granting development consent includes provision—

(a)deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and

(b)deeming those conditions to have been attached to the marine licence by the Secretary of State under that Part.

(4)A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.

(5)Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.”.

(3)In section 161 (breach of terms of order granting development consent), in subsection (2), for “sections 148(4) and 149(4)” substitute “ section 149A(4) ”.

(4)In Schedule 4, in paragraph 1(11) (power to correct certain errors or omissions in development consent decisions) for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.

(5)In Schedule 5 (provision relating to, or to matters ancillary to, development) after paragraph 30 insert—

“30ADeeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.

30BDeeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part.”.

(6)In Schedule 6 (changes to, and revocation of, orders granting development consent) in—

(a)paragraph 2(13) (power to make non-material changes to development consent order not to apply in relation to deemed consents and licences), and

(b)paragraph 5(6) (power to change or revoke development consent order not to apply in relation to deemed consents and licences),

for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.

(7)The following provisions cease to have effect—

(a)section 148 (deemed consent under section 34 of the Coast Protection Act 1949 (c. 74)),

(b)section 149 (deemed consent under Part 2 of the Food and Environment Protection Act 1985 (c. 48)),

(c)in Schedule 5, paragraphs 27 to 30 (which relate to deemed consents).

Part 2 U.K.Other amendments

The Food and Environment Protection Act 1985 Electronic communications apparatus: operations in tidal waters etcU.K.

5U.K.In the Food and Environment Protection Act 1985 after section 8 (licences) insert—

“8AElectronic communications apparatus: operations in tidal waters etc

(1)The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.

(2)For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

(a)who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

(b)for any loss or damage sustained by those persons in consequence of the operation being carried out.”.

Electronic communications: emergency worksU.K.

6(1)Section 9 of the Food and Environment Protection Act 1985 (offences relating to the licensing system) is amended as follows.U.K.

(2)In subsection (1) (which is expressed to be subject to certain later subsections) in the words preceding paragraph (a), before “below” insert “ and (8) ”.

(3)After subsection (7) insert—

“(8)It shall be a defence for a person charged with an offence under subsection (1) in relation to any operation to prove that—

(a)for the purposes of paragraph 23 of the electronic communications code (undertaker's works), the person is the operator or a relevant undertaker, and

(b)the activity was carried out for the purpose of executing emergency works, within the meaning of that code.

In this subsection “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984.”.

The Petroleum Act 1998 Application of Part 3 in relation to submarine pipelinesU.K.

7(1)Section 24 of the Petroleum Act 1998 (c. 17) (application of Part 3) is amended as follows.U.K.

(2)After subsection (2) insert—

“(2A)If a pipeline—

(a)is specified in an order made by the Secretary of State under this subsection, or

(b)is of a description so specified,

the pipeline shall be disregarded for the purposes of this Part of this Act (other than this subsection) or shall be so disregarded while any specified condition is satisfied.”.

(3)After subsection (3) insert—

“(3A)The Secretary of State may by order provide that specified provisions of this Part of this Act shall apply, subject to such modifications (if any) as are specified, in relation to a controlled pipeline—

(a)which is specified or of a specified description, and

(b)which meets the conditions in subsection (3B).

(3B)The conditions are—

(a)that the pipeline is used in connection with exploration for, or exploitation of, petroleum, or the importation of petroleum into the United Kingdom;

(b)that, by virtue of the date when construction of the pipeline was begun, section 14(1)(b) would not apply in relation to use of the pipeline but for an order under this subsection.”.

(4)In subsection (5) (negative resolution procedure) after “an order under subsection (2)” insert “ , (2A) or (3A) ”.

(5)Any authorisation issued under section 14(1)(b) of the Petroleum Act 1998 (use of certain pipelines) continues to have effect notwithstanding the provisions of any order under section 24(2A) of that Act.

(6)Where an order under subsection (3A) of section 24 of the Petroleum Act 1998 (c. 17) comes into force in relation to a pipeline, the Secretary of State must grant an authorisation under section 14(1)(b) of that Act in respect of the conveyance, on and after the day on which the order comes into force, of any substances for which the pipeline was normally used before the coming into force of the order.

(7)Sub-paragraph (6) is without prejudice to the provision that may be included in the authorisation with respect to information to be provided by the owner of the pipeline.

Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4U.K.

8(1)Section 45 of the Petroleum Act 1998 (interpretation of Part 4) is amended as follows.U.K.

(2)In the definition of “submarine pipeline”, after the paragraphs, insert—

“but does not include any such pipeline which, by virtue of an order under subsection (2A) of section 24, is to be disregarded for the purposes of Part 3 of this Act (other than that subsection).”.

Section 112(2)

Schedule 9U.K.Licensing: transitional provision relating to Part 4

Part 1 U.K.Interpretation

1U.K.In this Schedule—

• “the commencement date” means the date on which section 65 comes into force;

• “the CPA” means the Coast Protection Act 1949 (c. 74);

• “FEPA” means the Food and Environment Protection Act 1985 (c. 48).

Part 2 U.K.Coast Protection Act 1949

Consents previously given and outstanding applicationsU.K.

2(1)Any consent given under subsection (1) of section 34 of the CPA which—U.K.

(a)is in effect immediately before the commencement date, and

(b)relates to an operation which—

(i)falls within that subsection, and

(ii)is a licensable marine activity,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

(2)In accordance with sub-paragraph (1)—

(a)a consent given for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

(b)any condition subject to which a consent under subsection (1) of section 34 of the CPA has been given has effect as if it were a condition attached to the deemed licence;

(c)any provision made under subsection (4) of that section in respect of a consent has effect as if it were provision made under section 71(4)(a) of this Act in respect of the deemed licence;

(d)any condition having effect under section 34(4A)(b) of the CPA has effect as if it were such a condition as is mentioned in section 71(5) of this Act.

(3)Any reference in sub-paragraph (1) or (2) to a consent given under section 34(1) of the CPA, or to a condition subject to which such a consent is given, includes a reference to a consent deemed to have been given, or a condition deemed to have been imposed, by virtue of provision included in an order granting development consent (see paragraphs 27 and 28 of Schedule 5 to the Planning Act 2008 (c. 29)).

(4)Any application for consent under subsection (1) of section 34 of the CPA which—

(a)is made before the commencement date, and

(b)relates to an operation which—

(i)falls within that subsection, and

(ii)is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

Safety requirementsU.K.

3U.K.The repeal of section 36A of the CPA does not affect the operation of that provision in relation to anything occurring before the date on which that repeal takes effect.

Part 3 U.K.Food and Environment Protection Act 1985

Licences previously issued and outstanding applicationsU.K.

4(1)Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—U.K.

(a)is in effect immediately before the commencement date, and

(b)relates to the doing of anything which—

(i)falls within section 5 or 6 of that Act, and

(ii)is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

(2)In accordance with sub-paragraph (1)—

(a)a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

(b)any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.

(3)Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).

(4)Any application for a FEPA licence which—

(a)was made before the commencement date, and

(b)relates to an activity which—

(i)falls within section 5 or 6 of FEPA, and

(ii)on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

(5)An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.

5(1)Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—U.K.

(a)makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or

(b)within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.

(2)Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.

Remedial actionU.K.

6U.K.The amendments made by paragraph 2 of Schedule 8 do not affect the operation of section 10 of FEPA in relation to anything carried out otherwise than under and in accordance with a FEPA licence before the commencement date.

RegisterU.K.

7(1)This paragraph applies in any case where—U.K.

(a)immediately before the commencement date, an authority was required to maintain under section 14 of FEPA a register (the “FEPA register”) containing information of any particular description in respect of any particular area,

(b)on that date the authority ceased to be required to maintain a register under that section containing information of that description in respect of that area, and

(c)as from that date the authority is required to maintain a register under section 101 of this Act (the “new register”) containing information in respect of that area.

(2)In any such case, the authority must include in the new register any information falling within sub-paragraph (1)(a) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.

(3)For the purpose of giving effect to this paragraph—

(a)references in section 101 to marine licences are to be read as including references to FEPA licences, and

(b)references in that section to this Part of this Act or to any provision of this Part are to be read as including references to Part 2 of FEPA or to the corresponding provision of that Part.

Channel Islands and British overseas territoriesU.K.

8(1)In this paragraph “relevant territory” means any of the following—U.K.

(a)any of the Channel Islands;

(b)any British overseas territory.

(2)An Order in Council under section 26 of FEPA which is in force immediately before the commencement date remains in force, and may be revoked, amended or re-enacted, as if that section had not been repealed.

(3)If it appears to Her Majesty—

(a)that provision with respect to the licensing of marine activities has been made in the law of any relevant territory, and

(b)that that provision was made otherwise than by virtue of an Order in Council under section 323 extending provisions of this Act,

Her Majesty may by Order in Council repeal any provisions of Part 2 or 4 of FEPA as they have effect as part of the law of that territory.

Part 4 U.K.Miscellaneous

DredgingU.K.

9(1)During the relevant transitional period, section 65 does not apply in respect of the carrying on by a person of a dredging operation—U.K.

(a)which falls within item 9 in section 66(1) of this Act, but

(b)which meets the conditions in sub-paragraph (2).

(2)The conditions are that the dredging operation—

(a)does not fall within section 34 of the CPA,

(b)is not an activity for which a licence is required under Part 2 of FEPA, and

(c)is not excluded from this paragraph by virtue of an order under section 320.

(3)The references in sub-paragraph (2) to section 34 of the CPA and Part 2 of FEPA are references to those provisions as they would apply but for this Act.

(4)The “relevant transitional period”, in the case of any person and any dredging operation,—

(a)is the period of one year beginning with the commencement date, but

(b)if a marine licence which authorises the carrying on of the dredging operation by the person comes into force (or has come into force) at any time before the end of that period, the transitional period ends with the coming into force of that licence.

Water Resources Act 1991U.K.

10U.K.The amendment made by section 82 of this Act applies to any application for consent under section 109 of the Water Resources Act 1991 (c. 57) which is submitted, but not determined or withdrawn, before the date on which that section comes into force (as well as to any application submitted after that date).

Electronic Communications Code: England and WalesU.K.

11(1)In this paragraph—U.K.

(a)“the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);

(b)“communications approval” means an approval under paragraph 11 of the Code;

(c)“transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to England and Wales.

(2)Subsections (3) to (5) apply to any communications approval (a “qualifying approval”)—

(a)which is in effect immediately before the transitional date, and

(b)which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date is a licensable marine activity.

(3)A qualifying approval has effect on and after the transitional date as if it were a marine licence granted by the appropriate licensing authority in relation to the licensable marine activity (a “deemed marine licence”).

(4)If the qualifying approval was given for a specified period, the deemed marine licence is to remain in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the transitional date.

(5)If, by virtue of paragraph 11(5) of the Code, the qualifying approval was given subject to a condition, the deemed marine licence has effect as if the condition were a condition attached to the deemed marine licence.

(6)Any application for a communications approval—

(a)which was submitted before the transitional date, and

(b)which relates to an activity which, on or after that date, is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

Electronic Communications Code: ScotlandU.K.

12(1)In this paragraph—U.K.

(a)“the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12);

(b)“communications approval” means an approval under paragraph 11 of the Code;

(c)“Scottish transitional date” means the date on which the repeals made in paragraph 11 of the Code by this Act take effect in relation to Scotland.

(2)Sub-paragraphs (3) to (5) apply to any communications approval (a “qualifying Scottish approval”)—

(a)which is in effect immediately before the Scottish transitional date, and

(b)which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date needs a licence under section 5 or 6 of FEPA.

(3)A qualifying Scottish approval has effect on and after the Scottish transitional date as if it were a licence granted under section 5 or 6 (as the case may be) of FEPA by the licensing authority in relation to the activity (a “deemed FEPA licence”).

(4)If the qualifying Scottish approval was given for a specified period, the deemed FEPA licence is to remain in force (subject to the provisions of FEPA) for so much of that period as falls after the Scottish transitional date.

(5)If, by virtue of paragraph 11(5) of the Code, the qualifying Scottish approval was given subject to a condition, the deemed FEPA licence has effect as if the condition were a condition attached to the deemed FEPA licence.

(6)Any application for a communications approval—

(a)which was submitted before the transitional date, and

(b)which relates to an activity which, on or after that date, needs a licence under section 5 or 6 of FEPA,

has effect on and after that date as if it were an application for a licence under the section in question made to the licensing authority in relation to that activity.

Direction under section 58(1)(c) of the Government of Wales Act 2006U.K.

13(1)To the extent that they relate to the abandonment of an offshore installation, any functions exercisable under the provisions of this Part of this Act specified in sub-paragraph (2) are exercisable in relation to Welsh controlled waters by a Minister of the Crown only after consultation with the Welsh Ministers.U.K.

(2)The provisions are—

(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) (licensable marine activities);

(b)section 106 (power to take remedial action).

(3)In this paragraph—

• “offshore installation” has the meaning given by section 44 of the Petroleum Act 1998 (c. 17);

• “Welsh controlled waters” has the same meaning as in paragraph 4 of Schedule 3 to the Government of Wales Act 2006 (c. 32).

(4)The provision made by the preceding provisions of this paragraph has effect as if it were a direction made by Order in Council under section 58(1)(c) of the Government of Wales Act 2006 made by virtue of paragraph 4(1)(c) of Schedule 3 to that Act and may accordingly be amended, modified or repealed by any such Order in Council.

Section 144

Schedule 10U.K.Further provision about fixed monetary penalties under section 142

Fixed monetary penalties: other sanctionsU.K.

1(1)Provision under section 142 must secure that, in a case where a notice of intent referred to in section 143(2)(a) is served on a person—U.K.

(a)no criminal proceedings for the offence to which the notice relates may be instituted against the person in respect of the act or omission to which the notice relates before the end of the period in which the person may discharge liability to the fixed monetary penalty pursuant to section 143(2)(b), and

(b)if the person so discharges liability, the person may not at any time be convicted of the offence to which the notice relates in relation to that act or omission.

(2)Provision under section 142 must also secure that, in a case where a fixed monetary penalty is imposed on a person, that person may not at any time be convicted of the offence in relation to which the penalty is imposed in respect of the act or omission giving rise to the penalty.

Monetary penaltiesU.K.

2(1)An order under section 142 which confers power on an enforcement authority to require a person to pay a fixed monetary penalty may include provision—U.K.

(a)for early payment discounts;

(b)for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty;

(c)for enforcement of the penalty.

(2)Provision under sub-paragraph (1)(c) may include—

(a)provision for the enforcement authority to recover the penalty, and any interest or other financial penalty for late payment, as a civil debt;

(b)provision for the penalty, and any interest or other financial penalty for late payment, to be recoverable, on the order of a court, as if payable under a court order.

AppealsU.K.

3(1)An order under section 142 may not provide for the making of an appeal other than to—U.K.

(a)the First-tier Tribunal, or

(b)another tribunal created under an enactment.

(2)In sub-paragraph (1)(b) “tribunal” does not include an ordinary court of law.

(3)An order under section 142 which makes provision for an appeal in relation to the imposition of any requirement or service of any notice may include—

(a)provision suspending the requirement or notice pending determination of the appeal;

(b)provision as to the powers of the tribunal to which the appeal is made;

(c)provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

(4)The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power—

(a)to withdraw the requirement or notice;

(b)to confirm the requirement or notice;

(c)to take such steps as the enforcement authority could take in relation to the act or omission giving rise to the requirement or notice;

(d)to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the enforcement authority;

(e)to award costs.

ConsultationU.K.

4(1)Before making an order under section 142, the appropriate authority must consult the following—U.K.

(a)the enforcement authority to which the order relates,

(b)such organisations as appear to the appropriate authority to be representative of persons substantially affected by the proposals, and

(c)such other persons as the appropriate authority considers appropriate.

(2)If, as a result of any consultation required by sub-paragraph (1), it appears to the authority that it is appropriate substantially to change the whole or any part of the proposals, the authority must undertake such further consultation with respect to the changes as it considers appropriate.

(3)If, before the day on which this Schedule comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this paragraph, those requirements may to that extent be taken to have been satisfied.

Guidance as to use of fixed monetary penaltiesU.K.

5(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must secure the results in sub-paragraph (2).U.K.

(2)Those results are that—

(a)the enforcement authority must publish guidance about its use of the penalty,

(b)the guidance must contain the relevant information,

(c)the enforcement authority must revise the guidance where appropriate,

(d)the enforcement authority must consult such persons as the provision may specify before publishing any guidance or revised guidance, and

(e)the enforcement authority must have regard to the guidance or revised guidance in exercising its functions.

(3)The relevant information referred to in sub-paragraph (2)(b) is information as to—

(a)the circumstances in which the penalty is likely to be imposed,

(b)the circumstances in which it may not be imposed,

(c)the amount of the penalty,

(d)how liability for the penalty may be discharged and the effect of discharge, and

(e)rights to make representations and objections and rights of appeal.

Guidance as to enforcement of offencesU.K.

6(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the enforcement authority must prepare and publish guidance about how the offence is enforced.U.K.

(2)The guidance must include guidance as to—

(a)the sanctions (including criminal sanctions) to which a person who commits the offence may be liable,

(b)the action which the enforcement authority may take to enforce the offence, whether by virtue of section 142 or otherwise, and

(c)the circumstances in which the enforcement authority is likely to take any such action.

(3)The enforcement authority may from time to time revise guidance published by it under this paragraph and publish the revised guidance.

(4)The enforcement authority must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this paragraph.

Publication of enforcement actionU.K.

7(1)Where power is conferred on an enforcement authority under section 142 to impose a fixed monetary penalty in relation to an offence, the provision conferring the power must, subject to this paragraph, secure the result in sub-paragraph (2).U.K.

(2)That result is that the enforcement authority must from time to time publish reports specifying—

(a)the cases in which a fixed monetary penalty has been imposed, and

(b)the cases in which liability to the penalty has been discharged pursuant to section 143(2)(b).

(3)In sub-paragraph (2)(a), the reference to cases in which a fixed monetary penalty has been imposed does not include cases where a penalty has been imposed but overturned on appeal.

(4)The provision conferring the power need not secure the result in sub-paragraph (2) in cases where the appropriate authority considers that it would be inappropriate to do so.

Payment of penalties into Consolidated Fund etcU.K.

8(1)Where pursuant to any provision made under section 142 an enforcement authority receives—U.K.

(a)a fixed monetary penalty, or

(b)any interest or other financial penalty for late payment of such a penalty,

the authority must pay it into the relevant Fund.

(2)In sub-paragraph (1) “the relevant Fund” means—

(a)in a case where the authority has functions only in relation to Wales, the Welsh Consolidated Fund;

(b)in any other case, the Consolidated Fund.

Disclosure of informationU.K.

9(1)Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where—U.K.

(a)the person has an enforcement function in relation to an offence, and

(b)the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.

(2)The persons are—

(a)the Crown Prosecution Service,

(b)a member of a police force in England or Wales,

(c)a Procurator Fiscal,

(d)a constable of [F16the Police Service of Scotland],

(e)the Public Prosecution Service for Northern Ireland, or

(f)a member of the Police Service of Northern Ireland.

(3)It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

(4)A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)[F17the data protection legislation], or

[F18(b)any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.]

(6)This paragraph does not affect a power to disclose which exists apart from this paragraph.

[F19(7)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Section 146

Schedule 11E+WConsequential amendments relating to MCZs

Conservation of Seals Act 1970 (c. 30)E+W

1E+WIn section 10 of the Conservation of Seals Act 1970 (power to grant licences) in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” substitute “ a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009 ”.

Wildlife and Countryside Act 1981 (c. 69)E+W

2(1)The Wildlife and Countryside Act 1981 is amended as follows.E+W

(2)The following provisions are omitted—

(a)sections 36 and 37;

(b)Schedule 12.

(3)In consequence of sub-paragraph (2), in the italic cross-heading preceding section 34A, the words “marine nature reserves” are omitted.

Water Resources Act 1991 (c. 57)E+W

3E+WIn paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of the Environment Agency to make byelaws for flood defence and drainage purposes) in sub-paragraph (4) for the words from “the operation of” to the end of that sub-paragraph substitute “the operation of—

(a)any byelaw made by a navigation authority, harbour authority or conservancy authority;

(b)any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England);

(c)any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in Wales).”

Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)E+W

F204E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 146

Schedule 12E+WTransitional provision relating to MCZs

1E+WIn this Schedule—

• “the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69);

• “the commencement date”, in relation to an area, means the date on which paragraph 2 of Schedule 11 comes into force in relation to that area.

2(1)Any area which, immediately before the commencement date, is designated by an order under section 36 of the 1981 Act as a marine nature reserve is to be treated, on and after that date, as if it were a marine conservation zone designated by an order under section 116.E+W

(2)The designation having effect by virtue of sub-paragraph (1) includes (in accordance with section 118(6)(b)) the area of land designated by the order under section 36, together with all of the water covering that land.

3E+WAny byelaw which, immediately before the commencement date, is in force under section 37 of the 1981 Act for the protection of any area designated as a marine nature reserve has effect, on and after that date, as if it were—

(a)in the case of an area in England, a byelaw made under section 129;

(b)in the case of an area in Wales, an order made under section 134.

4E+WAny provision of this Chapter which—

(a)confers any function on the MMO, and

(b)comes into force before the date on which section 1 of this Act comes into force,

has effect until that date as if it conferred that function on the Secretary of State.

Section 148

Schedule 13E+WMarine boundaries of SSSIs and national nature reserves

Part 1 E+WIntroductory

1E+WIn this Schedule “the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69).

Part 2 E+WSites of special scientific interest

Marine boundaries of sites of special scientific interestE+W

2(1)Section 28 of the 1981 Act (sites of special scientific interest) is amended as follows.E+W

(2)In subsection (1)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (1) insert—

“(1A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where the area of land to which a notification under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the notification of area A is or are also present in area B;

(b)that the notification of area A is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c)that, without the inclusion of area B, the identification of the boundary of the land notified (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.”

(4)In subsection (2) for “that fact” substitute “ the fact mentioned in subsection (1) ”.

(5)In subsection (5) (confirmation of notification of SSSIs) after paragraph (b) insert—

“In the case of a notification given in relation to land lying below mean low water mark by virtue of subsection (1B), this subsection is subject to section 28CB(4) and (6).”

(6)After subsection (6) (when notification ceases to have effect) insert—

“(6A)Subsection (6)(b) does not apply in a case where notice has been given to Natural England under section 28CB(3).”

(7)After subsection (9) insert—

“(9A)For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).”

(8)No notification under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

3E+WIn section 28A of the 1981 Act (variation of notification under section 28), in subsection (3)(a) after “the local planning authority” insert “ (if any) ”.

4E+WIn section 52(1) of the 1981 Act (interpretation of Part 2), after the definition of “agricultural land” insert—

““estuarial waters” has the meaning given by section 28(9A);”.

Notification of additional land that is subtidalE+W

5(1)Section 28B of the 1981 Act (notification of additional land) is amended as follows.E+W

(2)In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (2) insert—

“(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If any of the conditions in subsection (2C) is satisfied, the extra land may consist of or include an area of land not falling within subsection (2A)(a) or (b).

(2C)The conditions are—

(a)that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of the extra land not falling within subsection (2A)(a) or (b);

(b)that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c)that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.”

(4)In subsection (3) for “such notification” substitute “ notification under subsection (2) ”.

(5)In subsection (7) (application of section 28(5) to (7) in relation to notifications under section 28B)—

(a)after “ “subsection (1)”” insert “ and “subsection (1B)” ;

(b)for “of this section” (in the second place where it occurs) substitute “ and subsection (2B) of this section respectively ”.

(6)No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates consists of or includes land lying below mean low water mark.

Enlargement of SSSI to include subtidal landE+W

6(1)Section 28C of the 1981 Act (enlargement of SSSI) is amended as follows.E+W

(2)In subsection (2)(a) after “the local planning authority” insert “ (if any) ”.

(3)After subsection (2) insert—

“(2A)The reference in subsection (1) to land includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(2B)If any of the conditions in subsection (2C) is satisfied, the area of land to which a notification under subsection (2) relates may include an area of land not falling within subsection (2A)(a) or (b).

(2C)The conditions are—

(a)that the flora, fauna or features that led to the notification of the SSSI is or are also present in the area of land not falling within subsection (2A)(a) or (b);

(b)that the notification of the SSSI is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, that area;

(c)that, without the inclusion of that area, the identification of the boundary of the SSSI (either in the notification or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.”

(4)In subsection (3) (application of section 28(2) to (8) in relation to notifications under section 28C)—

(a)for “and “subsection (1)(b)”” substitute “ “ , “subsection (1)(b)” and “subsection (1B)” ”;

(b)for “and subsection (2)(b)” substitute “ , subsection (2)(b) and subsection (2B) ”.

(5)No notification under subsection (2) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the notification relates includes land lying below mean low water mark.

Guidance in relation to subtidal notifications of SSSIsE+W

7E+WAfter section 28C of the 1981 Act insert—

“28CAGuidance in relation to subtidal notifications of SSSIs

(1)The ministerial authority may issue guidance to Natural England about the exercise of the power conferred by section 28(1B), 28B(2B) or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) (as the case may be) in relation to land lying below mean low water mark.

(2)In this section and section 28CB “the ministerial authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.”

Power to call in subtidal notifications of SSSIsE+W

8E+WAfter section 28CA of the 1981 Act (inserted by paragraph 7) insert—

“28CBPower to call in subtidal notifications

(1)This section applies where a notification under section 28(1), 28B(2) or 28C(2) has been given in relation to land lying below mean low water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) or 28C(2B) (as the case may be).

(2)Natural England may not give notice under section 28(5)(b) confirming the notification unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.

(For the meaning of “the ministerial authority”, see section 28CA.)

(3)At any time before the notification is confirmed the ministerial authority may give notice to Natural England that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.

(4)If the ministerial authority gives notice under subsection (3), Natural England may not give notice under section 28(5) until the ministerial authority has given a direction under subsection (5).

(5)The ministerial authority may direct—

(a)that the notification (if confirmed) must include all of the subtidal land;

(b)that the notification (if confirmed) must not include any of the subtidal land;

(c)that the notification (if confirmed) must, or must not, include such part of that land as is specified in the direction;

(d)that the decision whether the notification (if confirmed) should include the subtidal land is to be taken by Natural England.

(6)If the ministerial authority gives a direction under subsection (5), Natural England must give notice under section 28(5)(a) or (b), in accordance with that direction, within the period of three months beginning with the date on which the direction is received by them.

(7)The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—

(a)appearing before and being heard by a person appointed by the ministerial authority for that purpose;

(b)providing written representations to such a person.

(8)A person appointed under subsection (7) must make a report to the ministerial authority of any oral or written representations made under that subsection.

(9)The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (7).

(10)The power to make regulations under subsection (9) is exercisable by statutory instrument.

(11)A statutory instrument containing regulations made under subsection (9) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12)A statutory instrument containing regulations made under subsection (9) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

Denotification of SSSI on designation of area as MCZE+W

9(1)Section 28D of the 1981 Act (denotification) is amended as follows.E+W

(2)In subsection (1) before “is not of special interest” insert “ (a) ” and after “mentioned in section 28(1),” insert “or

“(b)should no longer be the subject of a notification under section 28(1) because that land has been designated as (or as part of) a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009,”.

(3)In subsection (2)(a)—

(a)after “the local planning authority” insert “ (if any) ”;

(b)for “the land which Natural England no longer consider to be of special interest” substitute “ the land mentioned in subsection (1) ”.

(4)In subsection (3) for “that fact” substitute “ the fact mentioned in subsection (1)(a) or (b) ”.

Part 3 E+WNational nature reserves

Marine boundaries of national nature reservesE+W

10(1)In section 35 of the 1981 Act (national nature reserves) after subsection (1) insert—E+W

“(1A)The land which may be declared to be a national nature reserve in England or Wales includes—

(a)any land lying above mean low water mark;

(b)any land covered by estuarial waters.

(1B)Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—

(a)area B adjoins area A, and

(b)any of the conditions in subsection (1C) is satisfied.

(1C)The conditions are—

(a)that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;

(b)that the management of area A as a nature reserve is by reason of any flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;

(c)that, without the inclusion of area B, the identification of the boundary of the land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(1D)The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.

“The ministerial authority” has the meaning given by section 35A(12).”

(2)No declaration under subsection (1) of that section made before the coming into force of this paragraph may be questioned in legal proceedings on the ground that the area of land to which the declaration relates includes land lying below mean low water mark.