Explanatory note

This Order amends the Marine Licensing (Delegation of Functions) Order 2011 (S.I. 2011/627) (“the principal Order”) to allow the Secretary of State, on a reference from the Marine Management Organisation made in certain circumstances, to determine a marine licence application (as the appropriate licensing authority), notwithstanding the general delegation of the function of determining such applications to the Marine Management Organisation by virtue of the designation of that function (by article 3 of the principal Order) for the purposes of section 98(1) of the Marine and Coastal Access Act 2009 (c.23). The Marine Management Organisation may only refer to the Secretary of State applications made on or after 1st October 2015.

Article 2(2) restates article 3(3)(b) and (d) of the principal Order so as to secure that the references to the instruments mentioned in those paragraphs are (by virtue of section 20(2) of the Interpretation Act 1978 (c.30)) references to those instruments as amended. Article 3 contains a review clause.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sectors is available at www.gov.uk/defra and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.