The Marine and Coastal Access Act 2009 (Commencement No.1 and Transitional Provisions) Order 2009

Year2009

2009 No. 3345 (C. 153)

Fisheries

Harbours, Docks, Piers And Ferries, England And Wales

Marine Management

Nature Conservation

Natural Environment

The Marine and Coastal Access Act 2009 (Commencement No.1 and Transitional Provisions) Order 2009

Made 16th December 2009

Laid before Parliament 21th December 2009

Coming into force 12th January 2010

The Secretary of State makes the following Order in exercise of the powers conferred by sections 316(1)(b) and 324(3) and (4) of the Marine and Coastal Access Act 20091.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order—

(a)

(a) may be cited as the Marine and Coastal Access Act 2009 (Commencement No.1 and Transitional Provisions) Order 2009, and

(b)

(b) comes into force on 12th January 2010.

(2) In this Order, “the Act” means the Marine and Coastal Access Act 2009.

S-2 Appointed day

Appointed day

2.—(1) The Schedule (provisions coming into force on 12th January 2010) has effect.

(2) The day appointed for the coming into force of the provisions of the Act referred to in the Schedule is 12th January 2010.

S-3 Transitional provisions

Transitional provisions

3.—(1) Nothing in section 205 of the Act (increase in penalties for certain offences relating to fisheries for shellfish) applies in relation to an offence committed before that section comes into force.

(2) Nothing in section 206 of the Act (liability of master, etc where vessel used in commission of offence) applies in relation to an offence committed before that section comes into force.

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

16th December 2009

SCHEDULE

Article 2

Provisions coming into force on 12th January 2010

Provisions in or relating to Part 1 of the Act (the Marine Management Organisation)

Provisions in or relating to Part 1 of the Act (the Marine Management Organisation)

SCH-1.1

1. Chapter 1 (sections 1 to 3) (establishment) and Schedules 1 and 2 (the Marine Management Organisation; minor and consequential amendments relating to the MMO).

SCH-1.2

2. Chapter 3 (sections 14 to 22) (agreements involving the MMO for the exercise of functions), so far as not already commenced by section 324 of the Act.

SCH-1.3

3. Section 24 (research).

SCH-1.4

4. Sections 26 to 28 and 31 (which deal with certain powers and duties).

SCH-1.5

5. Sections 32 to 40 (which deal with financial provisions, directions and guidance, and transfer schemes etc) and Schedule 3 (transfer schemes), so far as not already commenced by section 324 of the Act.

Provisions in or relating to Part 2 of the Act (exclusive economic zone, UK marine area and Welsh zone)

Provisions in or relating to Part 2 of the Act (exclusive economic zone, UK marine area and Welsh zone)

SCH-1.6

6. Section 42 (UK marine area).

SCH-1.7

7. Section 43 (Welsh zone) and Part 2 of Schedule 4 (which contains consequential amendments relating to the Welsh zone), so far as not already commenced by section 324 of the Act.

Provisions relating to Part 7 of the Act (fisheries)

Provisions relating to Part 7 of the Act (fisheries)

SCH-1.8

8. Chapter 1 (sections 194 to 201) (the Sea Fish (Conservation) Act 19672) and Schedule 15 (Sea Fish (Conservation) Act 1967: minor and consequential amendments), so far as not already commenced by section 324 of the Act.

SCH-1.9

9. Chapter 2 (sections 202 to 214) (the Sea Fisheries (Shellfish) Act 19673), so far as not already commenced by section 324 of the Act.

SCH-1.10

10. Sections 215 and 216 (prohibited implements; roe etc), so far as not already commenced by section 324 of the Act.

SCH-1.11

11. Section 217(3) and (4) (omission of certain provisions from section 25 of the Salmon and Freshwater Fisheries Act 19754) and subsection (1) so far as relating to the meaning of “that section” in those subsections.

SCH-1.12

12. Sections 220 to 222 (enforcement; power to specify fish; order-making powers: supplementary), so far as not already commenced by section 324 of the Act.

SCH-1.13

13. Section 223(2) and (6) (definitions of “eels” and “smelt”) and subsection (1) so far as relating to those subsections.

SCH-1.14

14. Sections 224 to 232 (byelaws; supplementary provisions), so far as not already commenced by section 324 of the Act.

SCH-1.15

15. The following provisions of Schedule 16 (migratory and freshwater fish: consequential and supplementary amendments)—

(a) paragraph 1, so far as relating to the provisions referred to in the following sub-paragraphs,

(b) paragraph 3(3) and sub-paragraph (1) so far as relating to sub-paragraph (3),

(c) paragraph 8, except for the omission of section 20 of the Salmon and Freshwater Fisheries Act 1975,

(d) paragraphs 12 and 13,

(e) paragraph 14(2) and sub-paragraph (1) so far as relating to sub-paragraph (2),

(f) paragraph 15,

(g) paragraph 16(2), (3), (5), (6) and (9) and sub-paragraph (1) so far as relating to those sub-paragraphs,

(h) paragraph 17(2), (4) and (5) and sub-paragraph (1) so far as relating to those sub-paragraphs,

(i) paragraphs 18 to 26,

and section 233(1) (consequential and supplementary amendments), so far as relating to those...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT