Search Legislation

Marine and Coastal Access Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Inshore fisheries and conservation districts and authorities

 Help about opening options

Changes to legislation:

Marine and Coastal Access Act 2009, Cross Heading: Inshore fisheries and conservation districts and authorities is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Inshore fisheries and conservation districts and authoritiesE+W

149Establishment of inshore fisheries and conservation districtsE+W

(1)The Secretary of State may by order establish inshore fisheries and conservation districts.

(2)An inshore fisheries and conservation district (an “IFC district”) is an area that consists of—

(a)one or more local authority areas in England that include part of the seashore, and

(b)such part of the English inshore region lying seawards from that part of the seashore as is specified in the order establishing the district.

(3)Before making an order establishing an IFC district the Secretary of State must consult—

(a)the council for every local authority area that would, if the order were made, fall within the IFC district established by the order,

(b)the Environment Agency,

(c)Natural England,

(d)the MMO,

(e)the authority for any existing IFC district that would, if the order were made, adjoin the IFC district established by the order,

(f)the Welsh Ministers, in a case where, if the order were made, the IFC district established by the order would adjoin the Welsh inshore region,

[F1(g)the Natural Resources Body for Wales, in a case where, if the order were made, the IFC district established by the order would adjoin the Welsh inshore region,]

and any other person likely to be affected by the making of the order.

Textual Amendments

Commencement Information

I1S. 149 partly in force; s. 149 in force for specified purposes at Royal Assent see s. 324(1)(c)

150Inshore fisheries and conservation authoritiesE+W

(1)There is to be an inshore fisheries and conservation authority (an “IFC authority”) for every IFC district established under section 149.

(2)Any reference in this Chapter to the authority for an IFC district is a reference to the IFC authority for that district.

(3)An authority for an IFC district is—

(a)a committee of the council for the local authority area falling within the district;

(b)where there is more than one local authority area falling within the district, a joint committee of the councils for those local authority areas.

Commencement Information

I2S. 150 in force at 1.10.2010 by S.I. 2010/2195, art. 3(2)(a)

151Membership and proceedings of IFC authoritiesE+W

(1)An order under section 149 establishing an IFC district must provide for the IFC authority for the district to consist of—

(a)persons who are members of a relevant council,

(b)persons appointed by the MMO, and

(c)other persons.

(2)The persons appointed as members of the authority for the district by virtue of subsection (1)(b) must comprise—

(a)persons acquainted with the needs and opinions of the fishing community of the district, and

(b)persons with knowledge of, or expertise in, marine environmental matters.

(3)The Secretary of State may by order amend subsection (2) so as to—

(a)add descriptions of persons who may be appointed by virtue of subsection (1)(b) as members of an IFC authority;

(b)vary or remove any descriptions added by virtue of paragraph (a).

An order under this subsection may make such other amendments of this section as appear to the Secretary of State to be necessary in consequence of the order.

(4)An order under section 149 establishing an IFC district must specify the number of members of the authority for the district.

(5)The order must also specify—

(a)the number of members falling within paragraph (a), and the number of members falling within paragraph (b), of subsection (1);

(b)in a case where there is more than one relevant council for the IFC district established by the order, the number of members to be appointed from each council (which may, in the case of any particular council, be none);

(c)the number of members falling within paragraph (c) of subsection (1) and the person or persons by whom they are to be appointed.

(6)An order under section 149 establishing an IFC district may also include provision about—

(a)how a member of the authority for the district is to be appointed;

(b)qualification and disqualification for membership of the authority;

(c)the conduct of members of the authority;

(d)the appointment of a member of the authority as the chair of the authority;

(e)the holding and vacation of office as a member, or as chair, of the authority (including the circumstances in which a person ceases to hold office or may be removed or suspended from office);

(f)re-appointment as a member, or as chair, of the authority;

(g)the validity of acts and proceedings of a person appointed as a member of the authority in the event of disqualification or lack of qualification;

(h)the validity of proceedings of the authority in the event of a vacancy in membership or of a defect in the appointment of a member;

(i)procedure to be followed by the authority;

(j)the delegation by the authority of any of its functions to a sub-committee, member or employee of the authority;

(k)the payment by the authority of allowances to a member and the reimbursement by it of a member's expenses.

(7)The following provisions (which make provision about proceedings of local authority committees and joint committees) have effect in relation to the authority for an IFC district subject to provision made by the order establishing the district—

(a)sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of Schedule 12 to, the Local Government Act 1972 (c. 70);

(b)section 13 of the Local Government and Housing Act 1989 (c. 42);

(c)Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22).

(8)In this section—

  • the fishing community” means all persons with any sort of interest in the exploitation of sea fisheries resources or in fisheries for such resources;

  • marine environmental matters” means—

    (a)

    the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas, or

    (b)

    the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.

(9)Until the date of the coming into force of section 1, the reference in subsection (1)(b) to the MMO is to be read as a reference to the Secretary of State.

Any person appointed by the Secretary of State as a member of an IFC authority is, on and after that date, to be treated as if appointed by the MMO.

Commencement Information

I3S. 151 partly in force; s. 151 in force for specified purposes at Royal Assent see s. 324(1)(c)

I4S. 151 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2195, art. 3(2)(b)

152Amendment or revocation of orders under section 149E+W

(1)The Secretary of State may amend or revoke an order made under section 149.

(2)Before amending or revoking an order made under section 149 the Secretary of State must consult—

(a)the authority for the IFC district established by the order,

(b)the council for every local authority area that falls within the IFC district established by the order,

(c)the Environment Agency,

(d)Natural England,

(e)the MMO,

(f)the authority for any IFC district that adjoins the IFC district established by the order,

(g)the Welsh Ministers, in a case where the IFC district established by the order adjoins the Welsh inshore region,

[F2(h)the Natural Resources Body for Wales, in a case where the IFC district established by the order adjoins the Welsh inshore region,]

and any other person likely to be affected by the amendment or revocation of the order.

Textual Amendments

Commencement Information

I5S. 152 partly in force; s. 152 in force for specified purposes at Royal Assent see s. 324(1)(c)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

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

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

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

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

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

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

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

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

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

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

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