Article 3 DesignationI1

United Kingdom

(1)

The functions referred to in paragraph (3) are designated for the purposes of section 98(1)(a) of the Marine and Coastal Access Act 2009.

(2)

But this is subject to paragraph (4).

(3)

The functions are any function of the licensing authority and any function of an enforcement authority, as the case may be, under—

(a)

Part 4 of that Act (sections 65 to 115, and Schedules 7 to 9)^f1;

F1(b)

Marine Licensing (Exempted Activities) Order 2011

(c)

the Marine Licensing (Register of Licensing Information) Regulations 2011^f2;

F2(d)

the Marine Licensing (Application Fees) Regulations 2014

(4)

Paragraph (1) does not apply to any function so far as it relates to an activity falling within the subject matter of—

(a)

Part 6 of the Merchant Shipping Act 1995^f3 (pollution etc);

(b)

the Petroleum Act 1998^f4; or

(c)

Part 1 (gas importation or storage), 4 (provisions relating to oil and gas) or 4A (works detrimental to navigation) of the Energy Act 2008^f5.

Annotations

F1: Art. 3(3)(b) substituted (1.10.2015) by The Marine Licensing (Delegation of Functions) (Amendment) Order 2015 (S.I. 2015/1674), arts. 1(b), 2(2)(a)
F2: Art. 3(3)(d) substituted (1.10.2015) by The Marine Licensing (Delegation of Functions) (Amendment) Order 2015 (S.I. 2015/1674), arts. 1(b), 2(2)(b)

f1: Certain functions relating to national security under sections 68(7)(b), (8)(b), 70(8) and section 101(5)(a) are functions of the Secretary of State, rather than the licensing authority or an enforcement authority, and accordingly fall outside the scope of the designation under this Order.
f2: S.I. 2011/424.
f3: 1995 c. 21. Relevant amendments and repeals to provisions in Part 6 were made by the Merchant Shipping (Pollution) Act 2006 (c. 8); the Merchant Shipping and Maritime Security Act 1997 (c. 28); the Pollution Prevention and Control Act 1999 (c. 24); the Marine Safety Act 2003 (c. 16), and S.I. 2006/1244.
f4: 1998 c. 17. Relevant amending instruments are the Energy Act 2004 (c. 20), the Energy Act 2008 (c. 32), the Marine and Coastal Access Act 2009, S.I. 2000/1937, 2004/2043 and 2007/290.
f5: 2008 c. 32. In Part 1, sections 1 and 35(1) have been amended by section 41(8) of, and paragraph 5 of Schedule 4 to, the Marine and Coastal Access Act 2009. Part 4A was inserted by section 314(1) of that Act.