Statutory Instruments

2010 No. 2195 (C. 110)

Fisheries

The Marine and Coastal Access Act 2009 (Commencement No.4 and Transitional Provisions) Order 2010

Made

31st August 2010

The Secretary of State makes the following Order in exercise of the powers conferred by sections 316(1)(b) and 324(3) of the Marine and Coastal Access Act 2009( 1 ).

Citation

1. This Order may be cited as the Marine and Coastal Access Act 2009 (Commencement No. 4 and Transitional Provisions) Order 2010.

Interpretation

2. In this Order—

“the Act” means the Marine and Coastal Access Act 2009 ;

“IFC authority” has the meaning given by section 186(1) of the Act.

Appointed day – 1st October 2010

3. —(1) The day appointed for the coming into force of the provisions of the Act referred to in paragraph (2) is 1st October 2010.

(2) The provisions are—

(a) section 150 (inshore fisheries and conservation authorities);

(b) section 151 (membership and proceedings of IFC authorities), so far as not already commenced by section 324 of the Act;

(d) section 174 (duty of co-operation);

(e) section 176(1) (accounts);

(f) section 177 (annual plan);

(g) section 179 (supplementary powers);

(h) section 180 (expenses of IFC authorities), so far as not already commenced by section 324 of the Act;

(i) section 181 (IFC authority as party to proceedings);

(j) section 182 (exemption from liability);

(k) section 186 (interpretation) so far as relating to the definitions of “authority for an IFC district”, “IFC authority”, “IFC district”; “local authority area” and “relevant council”;

(l) paragraphs 9, 12 to 15 and 19 of Schedule 14 (inshore fisheries and conservation authorities: amendments) and section 184 (minor and consequential amendments relating to IFC authorities) so far as relating to those provisions.

Preparatory exercise of functions by IFC authority before transfer date

4. —(1) An IFC authority may exercise its functions under section 179 and 181 at any time before the transfer date only for the purpose of preparing for its exercise of functions under Chapter 1 of Part 6 of the Act on and after that date.

(2) At any time before the transfer date an IFC authority may authorise employees of a relevant local fisheries committee to exercise functions of the authority for the purpose mentioned in paragraph (1).

(3) In this article—

“local fisheries committee” has the meaning given by section 188(6) of the Act;

“relevant local fisheries committee” means, in relation to an IFC authority, a local fisheries committee whose district is wholly or partly comprised in the district of the authority;

“the transfer date” means the date on which section 187 of the Act comes into force in relation to England( 2 ).

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

31st August 2010

( 1 )

2009 c. 23 .

( 2 )

Section 187 repeals the Sea Fisheries Regulation Act 1966 (c. 38) . It was brought into force in relation to Wales on 1.04.2010 ( S.I. 2010/630 (C. 42) ) and is to be brought into force in relation to England on a day to be appointed by the Secretary of State by order under section 324 of the Marine and Coastal Access Act 2009.

in force	Provision is in force
in force*	In force only for specified purposes (see footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
defined term	Defined term
_dfn	Defined term (alternative style)

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID
authority for an IFC district	art. 3.	def_3555ed4a1a
IFC authority	art. 2.	def_60eb2af7f0
IFC authority	art. 3.	def_dbbdd16d33
IFC district	art. 3.	def_5c1b5ec049
local authority area	art. 3.	def_3b7031cb52
local fisheries committee	art. 4.	def_6a340070f4
relevant council	art. 3.	def_f4b2dfa9d3
relevant local fisheries committee	art. 4.	def_73b7227e0a
the Act	art. 2.	def_004425666f
the transfer date	art. 4.	def_5ff6fc5a56