The Marine Strategy Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1627 |
| Year | 2010 |
(1) These Regulations may be cited as the Marine Strategy Regulations 2010 and come into force on 15th July 2010.(2) These Regulations apply only in relation to the marine strategy area.(1) In these Regulations—
- “baseline” means the baseline from which the breadth of the territorial sea is measured;
- “coastal water” has the meaning given by the Water Framework Directive (set out in Part 3 of Schedule 1) ;
- “the Commission” means the European Commission;
- “competent authority” means—
- (a) in relation to the Scottish inshore region and the Scottish offshore region, the Scottish Ministers;
- (b) in relation to the Welsh inshore region F6and the Welsh offshore region , the Welsh Ministers;
- (c) in relation to the Northern Ireland inshore region, the F7Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- (d) in relation to all other areas within the marine strategy area, the Secretary of State;
- “Counsel General” has the same meaning as in the Government of Wales Act 2006 ;
- “devolved function”, in relation to the marine strategy area, means any function which is not a retained function as respects that area;
- “devolved marine area” means—
- (a) in relation to any function exercisable by the Scottish Ministers, the Scottish inshore region and the Scottish offshore region,
- (b) in relation to any function exercisable by the Welsh Ministers, the Welsh inshore region F8and the Welsh offshore region , and
- (c) in relation to any function exercisable by the F9Department of Agriculture, Environment and Rural Affairs in Northern Ireland, the Northern Ireland inshore region;
- “devolved policy authority” means the Scottish Ministers, the Welsh Ministers and the F10Department of Agriculture, Environment and Rural Affairs” in Northern Ireland;
- “the Directive” means Directive 2008/56/EC of the European Parliament and of the Council of 17th June 2008 establishing a framework for Community action in the field of marine environmental policy;
- “enactment” includes any Act of the Scottish Parliament, Northern Ireland legislation, any Act or Measure of the National Assembly for Wales and subordinate legislation, and for this purpose “subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act or under any Act of the Scottish Parliament, Northern Ireland legislation or under any Act or Measure of the National Assembly for Wales;
- “First Minister”, other than in relation to Northern Ireland, has the same meaning as in the Government of Wales Act 2006;
- “local authority” means—
- (a) in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- (b) in relation to Scotland, a council established by section 2(1) of the Local Government etc. (Scotland) Act 1994 for any local government area;
- (c) in relation to Wales, a county council, a county borough council or a community council;
- (d) in relation to Northern Ireland, a district council;
- “marine protected area” means any geographically defined area within the marine strategy area which is subject to measures for the conservation of species or habitats;
- “marine strategy” has the meaning given by Part 2 of Schedule 1;
- “the marine strategy area” has the meaning given by regulation 3;
- “marine waters” has the meaning given by regulation 3(3) ;
- “Northern Ireland body” means the Foyle, Carlingford and Irish Lights Commission and the following Departments in Northern Ireland: F11the Department for the Economy and the Department for Infrastructure ;
- “Northern Ireland inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
- “Northern Ireland Minister” has the same meaning as in the Northern Ireland Act 1998 , but includes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;
- “Northern Ireland offshore region” means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
- “Northern Ireland public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;
- “Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act) ;
- “public authority” means a public body or public office holder, other than—
- (a) a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975;
- (b) a government department;
- (c) the Scottish Ministers;
- (d) the Welsh Ministers, the First Minister or the Counsel General;
- (e) a Northern Ireland Minister; or
- (f) a Northern Ireland department;
- “public body” includes—
- (a) a local authority;
- (b) a local planning authority; and
- (c) a statutory undertaker;
- “public office holder” means a person holding any of the following offices—
- (a) an office under the Crown;
- (b) an office created or continued in existence by a public general Act or by legislation passed by the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly;
- (c) an office the remuneration in respect of which is paid out of money provided by Parliament or a devolved legislature;
- “relevant function” has the meaning given in regulation 4(2) ;
- “renewable energy zone” means any area within which the rights to which section 84 of the Energy Act 2004 applies are exercisable;
- “retained function” has the meaning given in Part 1 of Schedule 1;
- “Scottish inshore region” means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
- “Scottish offshore region” means so much of the Scottish zone as lies beyond the seaward limits of the territorial sea, and areas of sea within the marine strategy area which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom;
- “Scottish public authority” means any public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;
- “Scottish zone” has the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act) ;
- “secondary devolved function” means—
- (a) as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish function;
- (b) as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh function;
- (c) as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland function;
- “secondary devolved Northern Ireland function” means any of the following—
- (a) a function exercisable by a Northern Ireland public authority,
- (b) a function exercisable by any other public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998) ,
- “secondary devolved Scottish function” means any of the following—
- (a) a function exercisable by a Scottish public authority,
- (b) a function exercisable by any other public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998) ,
- “secondary devolved Welsh function” means any of the following—
- (a) a function exercisable by a Welsh public authority,
- (b) a function conferred or imposed on a public authority by or under a Measure or Act of the National Assembly for Wales,
- (c) a function...
To continue reading
Request your trial