{
  "url": "https://openlegislation.uk/marine-and-coastal-access-act-2009/schedule-9/paragraph-4",
  "json_url": "https://openlegislation.uk/marine-and-coastal-access-act-2009/schedule-9/paragraph-4.json",
  "legislation": "ukpga/2009/23",
  "legislation_title": "Marine and Coastal Access Act 2009",
  "legislation_url": "https://openlegislation.uk/marine-and-coastal-access-act-2009",
  "path": "schedule/9/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—\n(a) is in effect immediately before the commencement date, and\n(b) relates to the doing of anything which—\n(i) falls within section 5 or 6 of that Act, and\n(ii) is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,\nhas effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).\n(2) In accordance with sub-paragraph (1)—\n(a) a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;\n(b) any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.\n(3) Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).\n(4) Any application for a FEPA licence which—\n(a) was made before the commencement date, and\n(b) relates to an activity which—\n(i) falls within section 5 or 6 of FEPA, and\n(ii) on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,\nhas 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.\n(5) An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 4 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2009/23/schedule/9/paragraph/4",
    "retrieved_at": "2026-10-29T09:10:47.916077+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}