- abandonment programme
means— (a) an abandonment programme under Part 4 of the Petroleum Act 1998;
- access authority
has the same meaning as in Part 1 of the CROW Act;
- access land
has the same meaning as in Chapter 3 of Part 1 of the CROW Act;
- act
includes omission;
- Admiralty consent
means the consent of the Admiralty, whether alone or jointly with any other government department;
- affected land
means— (a) land over which the route, or any alternative route, to which the proposals relate passes, and (b) any other land which— (i) is relevant coastal margin, or an alternative route strip in relation to such an alternative route, and (ii) is not excepted land;
- agreement
means an agreement under section 14 or 15.
- animal
includes any egg, larva, pupa, or other immature stage of an animal;
- appointed day
means such day or days as the Secretary of State may by order appoint.
- appropriate access authority
means the access authority in relation to the land in respect of which the right of entry is being exercised;
- appropriate agency
means— (a) the Environment Agency, otherwise than in relation to Wales, and (b) the Natural Resources Body for Wales, in relation to Wales;
- appropriate authority
has the meaning given by section 116(5);
- appropriate Gazette
means— (a) the London Gazette, if the marine plan is for a marine plan area in the English inshore region or the Welsh inshore region;
- appropriate legislative body
means— (a) in the case of the Secretary of State, either House of Parliament;
- appropriate legislative committee
means— (a) in the case of the Secretary of State, a committee of either House of Parliament;
- appropriate national authority
means— (a) the Secretary of State, otherwise than in relation to Wales;
- area beyond national jurisdiction
has the meaning that it has in the Biodiversity Beyond National Jurisdiction Agreement (see Article 1);
- assimilated restriction
means a restriction that— (a) was created or arose by or under the EU Treaties before IP completion day, and (b) forms part of assimilated law, as modified from time to time;
- authorisation
means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.
- authorised exploration or exploitation operation
means any operation— a which is of a description falling within subsection (4)(a), and b which may be carried out only with a permission falling within subsection (5). 82B 1 The Secretary of State may, as a condition of considering an application for consent under section 82A, require to be furnished with such plans and particulars of the proposed operation as the Secretary of State may consider necessary. 2 On receipt of any such application, the Secretary of State may cause to be published notice of— a the application, and b the time within which, and the manner in which, objections to the application may be made. 3 Any such notice is to be published in such a manner as to be likely to come to the attention of those likely to be interested in, or affected by, the application. 4 The Secretary of State may cause an inquiry to be held in connection with the determination of an application for consent. 82C 1 If the Secretary of State is of the opinion that any operation in respect of which an application is made for consent under section 82A will cause, or is likely to result in, obstruction or danger to navigation, subsection (2) ap
- authority for an IFC district
has the same meaning as in Chapter 1 of this Part;
- baseline
means the baseline from which the breadth of the territorial sea is measured;
- British aircraft
means an aircraft registered in the United Kingdom;
- British fishery limits
has the meaning given by section 1 of the Fishery Limits Act 1976 (c. 86);
- British marine installation
means a marine installation owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- British marine structure
means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;
- British vessel
means any vessel which— (a) is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21), (b) is wholly owned by persons qualified to own British ships for the purposes of that Part, (c) is, as a Government ship, registered in the United Kingdom in pursuance of an Order in Council under section 308 of that Act, or (d) is a British warship;
- British warship
means a ship belonging to Her Majesty and forming part of Her Majesty's armed forces;
- civil sanction
means a fixed monetary penalty or a variable monetary penalty.
- civilian marine enforcement officer
means a person appointed as a marine enforcement officer by the MMO or the Welsh Ministers;
- coast
means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
- coastal land
has the same meaning as in section 3;
- coastal margin
has the same meaning as in Part 1 of the CROW Act;
- committee
includes a joint committee of two or more local authorities which are harbour authorities and which include the local authority mentioned in subsection (1);
- common enforcement power
means any power conferred by sections 246 to 261;
- Commons draft affirmative procedure
means, in relation to any statutory instrument, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons;
- communications approval
means an approval under paragraph 11 of the Code;
- compliance notice
means a notice issued under section 90;
- concurrent function
means a function exercisable concurrently with a Minister of the Crown or government department;
- conduct of litigation
has the meaning given by paragraph 4 of Schedule 2 to the Legal Services Act 2007 (c. 29);
- consent holder
means the person to whom a consent under section 82A is given;
- consistent and co-ordinated
includes taking into account the effect (if any) that decisions in respect of— (a) any particular part of the MMO's area, or (b) the carrying on of any activity within that area, will have on any other part of that area or the carrying on of any other activity in that area;
- contracting authority
means— (a) in relation to an agreement under sub-paragraph (1), Natural England, and (b) in relation to an agreement under sub-paragraph (2), the access authority by which the agreement is made;
- contravene
includes fail to comply.
- contravention
includes failure to comply;
- Convention State
means a state which is a party to the London Convention, the London Protocol or the OSPAR Convention;
- 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;
- Counsel General
means the Counsel General to the Welsh Assembly Government;
- Crown land
means land an interest in which—
- damage
includes the prevention of an improvement;
- defence activity
means any activity relating to— (a) the defence of the realm;
- delegable marine licensing functions
means—
- delegable marine plan functions
means— other than excepted functions.
- DETI
means the Department of Enterprise, Trade and Investment in Northern Ireland;
- development
has the same meaning as in the Town and Country Planning Act 1990.”
- devolved authority
means—
- devolved legislation
means legislation passed by a devolved legislature;
- devolved legislature
means— (a) the Scottish Parliament;
- devolved marine planning region
means any marine planning region other than— (a) the English inshore region, and (b) the English offshore region;
- devolved policy authority
means— (a) the Scottish Ministers;
- document
includes anything falling within paragraph (a) or (b) of section 251(3).
- draft affirmative procedure
means— (a) in relation to any Order in Council, or any statutory instrument made by the Secretary of State, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;
- dredging
includes using any device to move any material (whether or not suspended in water) from one part of the sea or sea bed to another part;
- dredging or spoil disposal activity
means— (a) any dredging operation, or (b) the deposit of any dredged materials that result from an exempt dredging operation;
- eligible body
means any body in the following list—
- emergency byelaw
has the meaning given by section 131;
- emergency fisheries byelaw
means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below. 2 The circumstances are that— a the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to— i any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or ii the marine or coastal, or aquatic or waterside, environment, b the Agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so, c the Agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and d the event or the likelihood of the event could not reasonably have been foreseen. 3 Schedule 26 to this Act (procedure relating to byelaws made by the Agency) does not apply in relation to an emergency fisheries byelaw. 4 In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to— a harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical fe
- emergency safety notice
means a notice issued under section 104;
- enactment
includes an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- enforcement authority
means, in relation to any area, any authority which has a function (whether or not statutory) of taking any action with a view to or in connection with the imposition of any sanction, criminal or otherwise, in a case where an offence under this Chapter is committed in that area;
- enforcement officer
means any person who has the common enforcement powers conferred by this Act;
- England
includes the English inshore region;
- English fishing boat
means— (a) a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;
- English inshore region
means the area of sea within the seaward limits of the territorial sea adjacent to England;
- English offshore region
means so much of the UK marine area as is beyond the seaward limits of the territorial sea but is not within any of the following— (a) the Scottish offshore region;
- 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).
- evidence
includes predictions and other opinions resulting from the consideration of evidence by any person;
- excepted activity
means the exercise of civil defence functions by any person otherwise than as a member of— (a) any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or (b) any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;
- excepted land
has the same meaning as in Part 1 of the CROW Act;
- exclusive economic zone
means any area for the time being designated by an Order in Council under section 41(3);
- exempt dredging operation
means a dredging operation for which a marine licence is not needed by virtue of this section.
- feature
means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.
- FEPA
means the Food and Environment Protection Act 1985 (c. 48).
- financial year
means any period of twelve months ending with 31st March (except where the context otherwise requires);
- First Minister
has the same meaning as in the Government of Wales Act 2006 (c. 32);
- fish
includes crustaceans and molluscs;”
- fishing boat
means any vessel that is being used for fishing or for any activity relating to fishing;
- fixed monetary penalty
has the meaning given by section 93(3);
- footway
has the same meaning as in section 329 of the Highways Act 1980 (c. 66).
- foreign vessel
means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat;
- functions
includes powers and duties;
- generating station application
means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations) which falls (or would fall) to be granted by the Scottish Ministers;
- generating station authority
means— (a) the Secretary of State, in any case where the generating station application falls (or would fall) to be determined by the Secretary of State;
- Government ship
has the same meaning as in the Merchant Shipping Act 1995 (c. 21);
- highway
has the same meaning as in the Highways Act 1980;
- historic installation
means any of the following— a a fixed engine certified in pursuance of the Salmon Fishery Act 1865 to be a privileged fixed engine;
- incineration
means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11, 12, 22 and 23 “incinerate” is to be read accordingly).
- inland waters
has the same meaning as in the Water Resources Act 1991 (c. 57);
- inshore marine function
means any function which relates to, or whose exercise is capable of affecting, the whole or any part of the English inshore region.
- inshore stretch
means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;
- installation abandonment measures
means any measures taken in connection with the abandonment of— (a) an offshore installation or submarine pipeline, within the meaning of Part 4 of the Petroleum Act 1998 (c. 17), or (b) a carbon storage installation, within the meaning of section 30 of the Energy Act 2008 (c. 32), whether or not the measures are taken in pursuance of an abandonment programme;
- interested persons
means— (a) any persons appearing to the marine plan authority to be likely to be interested in, or affected by, the withdrawal of the marine plan, and (b) members of the general public.
- interim byelaw
means a byelaw made under subsection (1) or (1A).
- interim order
means an order made under section 136(1) or (1A);
- item
has the meaning given by section 250(10);
- joint function
means a function exercisable jointly with a Minister of the Crown or government department;
- justice
has the meaning given by section 249(5);
- licensable marine activity
has the same meaning as in Part 4;
- licensable means of fishing
means any of the following— a rod and line;
- licensing authority
means— (a) the Secretary of State;
- living organisms belonging to sedentary species
means organisms which, at the harvestable stage, are either— (a) immobile on or under the sea bed, or (b) unable to move except in constant physical contact with the sea bed or the subsoil.
- local access forum
means a local access forum established under section 94 of the CROW Act;
- local authority
means—
- local authority area
means— (a) a county, a London borough or a metropolitan district, (b) a non-metropolitan district comprised in an area for which there is no county council, (c) the City of London, or (d) the Isles of Scilly;
- local fisheries committee
means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the 1966 Act;
- local legislation
means— (a) a local Act, or (b) any such Act and any notice given and published by the Admiralty under section 9 of the Harbours Transfer Act 1862 (c. 69).
- 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 15LF of that Act), (aa) a 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);
- long-distance route
means a route provided for in approved proposals relating to a long-distance route within the meaning of section 52(3) of the 1949 Act (as read with section 55(4) of that Act);
- marine chemical treatment substance
means any substance used or intended to be used for treating chemicals— (a) on the surface of the sea or of the sea bed;
- marine enforcement officer
means—
- 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.
- marine function
has the meaning given by section 14.
- marine installation
means any artificial island, installation or structure;
- marine licence
means a licence granted under this Part;
- marine oil treatment substance
means any substance used or intended to be used for treating oil on the surface of the sea;
- marine plan
has the meaning given in section 51;
- marine structure
means a platform or other artificial structure at sea, other than a pipeline;
- marine surface fouling cleaner
means any substance used or intended to be used for removing surface fouling matter— (a) from the surface of the sea or of the sea bed;
- master
includes, in relation to any vessel, the person for the time being in command or charge of the vessel;
- MCZ
means a marine conservation zone designated by an order under section 116;
- military lands byelaw
means a byelaw under section 14 of the Military Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56);
- minerals and waste planning authority
means an authority which is a minerals and waste planning authority for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004 (see section 15LG of that Act) and “relevant area” has the meaning given by that section. • “responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy). •...
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
- modify
includes amend, add to or repeal;
- MPS
means a marine policy statement;
- natural resources
means— (a) the mineral and other non-living resources of the sea bed and subsoil,together with (b) living organisms belonging to sedentary species;
- nautical mile
means an international nautical mile of 1,852 metres;
- negative resolution procedure
means— (a) in relation to any Order in Council, or any statutory instrument made by the Secretary of State, annulment in pursuance of a resolution of either House of Parliament;
- non-departmental public authority
has the same meaning as in section 59;
- Northern Ireland fishing boat
means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- Northern Ireland government functions
means— (a) any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9));
- Northern Ireland inshore region
means the area of sea within the seaward limits of the territorial sea adjacent to Northern Ireland;
- Northern Ireland non-departmental public authority
means any non-departmental 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 offshore region
means so much of the Northern Ireland zone as lies beyond the seaward limits of the territorial sea;
- Northern Ireland zone
has the same meaning as in the Northern Ireland Act 1998 (c. 47) (see section 98(1) and (8) of that Act);
- notice
means notice in writing;
- notice of detention
means a notice served under section 279(4).
- official alternative route
has the meaning given by section 55J of the 1949 Act.
- offshore installation
has the meaning given by section 44 of the Petroleum Act 1998 (c. 17);
- offshore stretch
means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.
- owner
has the same meaning as in that Part.
- petroleum
has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act);
- policy authority
has the meaning given in section 44;
- preliminary activity
means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty. 4 Where Natural England considers it necessary or expedient for preliminary activity to be carried out as respects any land, it must— a consider whether it would be appropriate for the access authority in relation to that land to carry out any of the preliminary activity, and b if it concludes that it would be so appropriate, take all reasonable steps to enter into an agreement with the access authority for that purpose. 5 An access authority may, as respects any land in its area, enter into an agreement with Natural England under which the access authority undertakes to carry out preliminary activity. 6 In this section “the coastal access duty” means the duty imposed on Natural England and the Secretary of State by section 296(1) of the Marine and Coastal Access Act 2009. 55B 1 This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty. 2 Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the
- premises
has the meaning given by section 247(4);
- prescribed
means prescribed in an order made under this section.
- prescribed period
means such period as is prescribed in an order made by the Secretary of State for the purposes of this section. 42D 1 This section applies to any harbour revision order or harbour empowerment order which makes provision excluding, modifying or repealing— a any provision of the Marine and Coastal Access Act 2009 in so far as it applies to England;
- primary devolved authority
means any of the following— (a) the Scottish Ministers;
- primary legislation
means— (a) an Act of Parliament;
- procedural provisions
means any provisions for or in connection with the procedure for determining an application.
- procedural requirement
means any requirement— (a) under the appropriate powers, or (b) in directions under section 55 or 57, which relates to the preparation, adoption or publication of a relevant document;
- public authority
means any of the following— (a) a Minister of the Crown;
- public body
includes— (a) a government department;
- public office holder
means a person holding any of the following offices— (a) an office under the Crown;
- qualifying invalid carriage
means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;
- regulated zone
means the area that consists of— (a) the area of sea within the seaward limits of the territorial sea, other than the Scottish inshore region, and (b) the area of sea within the limits of the UK sector of the continental shelf, and includes the bed and subsoil of the sea within those areas, the shore adjoining, and any land adjoining or adjacent to that shore, but does not include any land in Scotland;
- Relevant ancillary functions
means any functions exercisable by a non-departmental public authority in relation to any of the following— but this subsection is subject to subsection (6).
- relevant approved proposals
means approved proposals relating to a long-distance route which is or forms part of the English coastal route;
- relevant area
has the meaning given by that section. • “responsible regional authorities” has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy). •...
- relevant authority
means—
- relevant body
means—
- relevant British fishing boat
means a fishing boat, other than a Scottish or Northern Ireland fishing boat, which— (a) is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or (b) is wholly owned by persons qualified to own British ships for the purposes of that Part;
- relevant British vessel
means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which— (a) is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or (b) is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.”
- relevant document
means— (a) an MPS, or (b) amendments of an MPS;
- relevant excepted land
means excepted land other than land within subsection (5)(c);
- relevant four-year period
means—
- relevant local authority
means— (a) in the case of a local fisheries committee that is a committee of a county, county borough or metropolitan district council, that council;
- relevant offence
means— a an offence under this Part, or b an offence created by regulations under section 82N. 82P 1 The Secretary of State may by order provide that specified provisions of this Part are to apply, subject to any specified modifications, in relation to the carrying out of specified operations, or operations of a specified description, in the Scottish inshore region. 2 The operations must be operations— a which either fall within section 82A(4) or are carried on in the course of taking installation abandonment measures (or both), b which cause, or are likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently), and c which the Scottish Ministers do not have power to control or regulate for the purpose of preventing such obstruction or danger. 3 The reference in subsection (1) to “the Scottish inshore region” includes a reference to— a the shore adjoining that region, and b any land in Scotland adjoining or adjacent to that shore. 4 If an order under this section makes provision in relation to the carrying out of an operation in the course of taking installation abandonment measures— a section 82A(3)(c
- relevant period
means— (a) the period beginning on the date on which this section comes into force and ending on 31 December 2012;
- relevant power of forfeiture
means any power of a court to order the forfeiture of any fish in respect of which an offence has been committed;
- relevant statutory prohibition
means— a in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and b in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.”
- relevant territory
means any of the following—
- remedial or compensatory steps
means steps taken (or to be taken) for any one or more of the purposes mentioned in subsection (9) (whether or not the steps are to be taken at or near the place where the harm or interference mentioned in subsection (5) has been, is being, or is likely to be, caused or the activity in respect of which the notice is issued is or has been carried on).
- remediation notice
means a notice issued under section 91;
- renewable energy zone
means any area for the time being designated by an Order in Council under section 84(4) of the Energy Act 2004 (c. 20);
- responsible regional authorities
has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy). •...
- retained functions
has the meaning given in section 60.
- right of audience
has the meaning given by paragraph 3 of Schedule 2 to the Legal Services Act 2007.
- River Tweed
means “the river” within the meaning of the Tweed Fisheries Amendment Act 1859 (c. lxx), as amended by byelaws.
- sample
means a sample of blood, tissue or other biological material.
- Scottish fishing boat
means a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- Scottish inshore region
means the area of sea within the seaward limits of the territorial sea adjacent to Scotland;
- Scottish Ministerial functions
means— (a) any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions;
- Scottish non-departmental public authority
means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;
- Scottish offshore region
means so much of the UK marine area as lies outside the Scottish inshore region and consists of— (a) areas of sea which lie within the Scottish zone, and (b) areas of sea 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 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.
- Scottish zone
has the same meaning as in the Scotland Act 1998 (c. 46) (see section 126(1) and (2) of that Act);
- sea
has the meaning given by section 322(1), except that it does not include any waters upstream of the fresh-water limit of estuarial waters;
- sea fisheries resources
has the same meaning as in Chapter 1 of Part 6, and references to the exploitation of sea fisheries resources are to be read in accordance with section 153(12);
- sea fishing
includes fishing for or taking shellfish;