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 Orderβ
βthe Actβ means the Marine and Coastal Access Act 2009;
βIFC authorityβ has the meaning given by section 186(1) of the Act.
Appointed day β 1st October 2010
3. β(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 areβ
(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;
(c) section 165 (inshore fisheries and conservation officers);
(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 βauthority for an IFC districtβ, βIFC authorityβ, βIFC districtβ; βlocal authority areaβ and βrelevant councilβ;
(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. β(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 articleβ
βlocal fisheries committeeβ has the meaning given by section 188(6) of the Act;
βrelevant local fisheries committeeβ means, in relation to an IFC authority, a local fisheries committee whose district is wholly or partly comprised in the district of the authority;
βthe transfer dateβ 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
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.