Search Legislation

Marine and Coastal Access Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 4

 Help about opening options

Changes to legislation:

Marine and Coastal Access Act 2009, Part 4 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):

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.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 9 para. 9 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

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).

Commencement Information

I2Sch. 9 para. 10 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

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.

Commencement Information

I3Sch. 9 para. 11 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

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.

Commencement Information

I4Sch. 9 para. 12 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

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.

Commencement Information

I5Sch. 9 para. 13 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)

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

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