The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011
S.I. 2011/603 · Made 2 March 2011 · Extends to England and Wales
Fisheries
Made 2nd March 2011
Laid before Parliament 8th March 2011
Coming into force 1st April 2011
The Secretary of State makes the following Order in exercise of the powers conferred by section 188 of the Marine and Coastal Access Act 2009f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and expiry
- 2Interpretation
- 3Transfer of employees
- 4Transfer of property, rights and liabilities
- 5Continuation of proceedings etc
- 6Local fisheries committee byelaws
- 7Environment Agency byelaws within an IFC district
- 8Environment Agency byelaws outside an IFC district
- 9Amendments and revocations
- Signature
- Schedule 1Transferors and transferees
- Schedule 2: Amendments and revocations
- Part 1: Amendments
- 1The Poole Fishery Order 1985
- 2The River Roach Oyster Fishery Order 1992
- 3The Wash Fishery Order 1992
- 4The Thames Estuary Cockle Fishery Order 1994
- 5The Merchant Shipping (Load Line) Regulations 1998
- 6The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 Repealed
- 7The Undersized Edible Crabs Order 2000
- 8The Waddeton Fishery Order 2001
- 9The Coast Protection (Notices) (England) Regulations 2002
- 10The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
- 11The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 Repealed
- 12The Conservation of Habitats and Species Regulations 2010 Repealed
- Part 2: Revocations Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Explanatory note
1Citation, commencement and expiryI1
This Order may be cited as the Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011.
It comes into force on 1st April 2011.
Article 8 ceases to have effect on 1st April 2015.
2InterpretationI1
In this Order—
-
“transfer date” means 1st April 2011;
-
“the transferee” means the IFC authority referred to in article 3(2);
-
“the transferor” means the local fisheries committee referred to in article 3(1).
Expressions used in this Order that are also used in Chapters 1 and 2 of Part 6 of the Marine and Coastal Access Act 2009 have the meaning they bear in those Chapters.
3Transfer of employeesI1
This paragraph applies in relation to any person (a “relevant employee”) who, immediately before the transfer date, was employed by or on behalf of a local fisheries committee listed in the left hand column of the table in Schedule 1 (“the transferor”) and whose contract of employment was not terminated before the transfer date (whether by expiry of notice, effluxion of time or otherwise).
On the transfer date, all relevant employees transfer to, and become employees of, the IFC authority listed in the corresponding entry to the transferor in the right hand column of the table in Schedule 1 (“the transferee”).
The contract of employment of a relevant employee—
is not terminated by the transfer;
has effect on and after the transfer date as if originally made between that employee and the transferee.
Without prejudice to paragraph (3)—
all the rights, powers, duties and liabilities under or in connection with the contract of employment of a relevant employee transfer to the transferee on the transfer date; and
anything done before the transfer date by, or in relation, to the transferor in respect of a relevant employee or their contract of employment, is deemed to have been done by, or in relation to, the transferee.
Paragraphs (2) to (4) do not transfer a relevant employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with that contract, if the employee has objected to the transfer to the transferee and had informed the transferor of that objection on or before 31st March 2011.
Where a relevant employee so objects, their contract of employment with the transferor is terminated immediately before the date on which the transfer would have occurred and that employee is not to be treated, for any purpose, as having been dismissed by the transferor.
Nothing in this article affects any right of a relevant employee to terminate their contract of employment with the transferor if (apart from the change of employer) a substantial and detrimental change is made to the employee’s working conditions.
4Transfer of property, rights and liabilitiesI1
On the transfer date, the following transfer to and vest in the transferee—
all property held by or on behalf of the transferor immediately before that date; and
all rights and liabilities to which the transferor was entitled or subject immediately before that date including any rights conferred on the transferor by an order made under section 1 of the Sea Fisheries (Shellfish) Act 1967f1.
But rights transferred by virtue of paragraph (1)(b) do not include any rights to which article 3 applies.
On and after the transfer date, all property of a relevant council held for the purposes of the transferor immediately before that date is held by the council for the purposes of the transferee.
Paragraph (1) has effect in spite of any provision (of whatever nature) that would prevent or restrict the transfer of the property, rights or liabilities in question otherwise than by that paragraph.
5Continuation of proceedings etcI1
Nothing in article 3 or 4 affects the validity of anything done by or in relation to the transferor before the transfer date.
There may be continued by or in relation to the transferee anything (including legal proceedings) which—
relates to any of the functions that were exercisable by the transferor immediately before the transfer date or to any property, rights or liabilities transferred by article 4;
is in the process of being done by or in relation to the transferor immediately before the transfer date; and
could lawfully be undertaken by or in relation to the transferee.
Anything—
done by the transferor for the purposes of or in connection with any of the functions which were exercisable by it immediately before the transfer date or for the purposes of or in connection with any property, rights or liabilities transferred by article 4; and
in effect immediately before the transfer date,
has effect on and after the transfer date as if done by the transferee to the extent that the transferee could lawfully undertake that action.
The transferee is substituted for the transferor in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the functions that were exercisable by the transferor immediately before the transfer date.
6Local fisheries committee byelawsI1
This article applies in relation to byelawsf1 made by a local fisheries committee.
Where any provision of a byelaw—
is in force immediately before the transfer date;
has effect in relation to an area all or part of which is comprised in an IFC district; and
is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.
7Environment Agency byelaws within an IFC districtI1
This article applies in relation to byelaws made by the Environment Agency exercising the powers of a local fisheries committeef1.
Where any provision of a byelaw—
is in force immediately before the transfer date;
has effect in relation to an area of river, stream or estuary all or part of which is comprised in an IFC district; and
is such as could be comprised in a byelaw made under section 155 of the Marine and Coastal Access Act 2009 by the IFC authority for that district,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in a byelaw made by the IFC authority for that IFC district.
8Environment Agency byelaws outside an IFC districtI1
This article applies in relation to the following byelaws made by the Environment Agency exercising the powers of a local fisheries committee—
the Sea Fisheries Byelaw 1998f1;
byelaws 1, 2, 6, 7, 9, 10, 11, 13 and 14 of the Thames Region Sea Fishery Byelaws 2009f2; and
byelaws 1 to 4 of the Sea Fisheries Fixed Engine Prohibition Byelaws 2010f3.
Where any provision of the byelaws referred to in paragraph (1)—
is in force immediately before the transfer date;
has effect in relation to an area of river, stream or estuary that falls outside the boundary of an IFC district; and
is such as could be comprised in an order made by the Secretary of State under section 1, 3, 5 or 5A of the Sea Fish (Conservation) Act 1967f4,
the provision has effect on and after the transfer date, in relation to the area described in paragraph (2)(b), as if comprised in such an order made by the Secretary of State.
For the purposes of enforcing the provisions referred to in this article, the Environment Agencyf5 may appoint officers with the powers mentioned in section 238(1) of the Marine and Coastal Access Act 2009.
9Amendments and revocationsI1
Signature
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd March 2011
Schedule 1Transferors and transfereesI1
| Local fisheries committee | IFC authority |
|---|---|
| Cornwall Sea Fisheries Committeef1 | Cornwall Inshore Fisheries and Conservation Authorityf2 |
| Cumbria Sea Fisheries Committeef3 | North Western Inshore Fisheries and Conservation Authorityf4 |
| Devon Sea Fisheries Committeef5 | Devon and Severn Inshore Fisheries and Conservation Authorityf6 |
| Eastern Sea Fisheries Committeef7 | Eastern Inshore Fisheries and Conservation Authorityf8 |
| Isles of Scilly Sea Fisheries Committeef9 | Isles of Scilly Inshore Fisheries and Conservation Authorityf10 |
| Kent and Essex Sea Fisheries Committeef11 | Kent and Essex Inshore Fisheries and Conservation Authorityf12 |
| North Eastern Sea Fisheries Committeef13 | North Eastern Inshore Fisheries and Conservation Authorityf14 |
| North Western Sea Fisheries Committeef15 | North Western Inshore Fisheries and Conservation Authorityf16 |
1The Poole Fishery Order 1985I1
The Poole Fishery Order 1985f1 is amended as follows.
In article 1(3) (title, commencement, period of operation and interpretation), for the definition of “the Committee”, substitute—
““the Authority” means the inshore fisheries and conservation authority for the Southern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.
For “Committee”, wherever occurring, substitute “Authority”.
2The River Roach Oyster Fishery Order 1992I1
The River Roach Oyster Fishery Order 1992f1 is amended as follows.
In article 1(3) (title, commencement, duration and interpretation), for the definition of “the Committee”, substitute—
““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.
For “Committee”, wherever occurring, substitute “Authority”.
3The Wash Fishery Order 1992I1
The Wash Fishery Order 1992f1 is amended as follows.
In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—
““the Authority” means the inshore fisheries and conservation authority for the Eastern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.
In article 8(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.
For “Committee”, wherever occurring, substitute “Authority”.
4The Thames Estuary Cockle Fishery Order 1994I1
The Thames Estuary Cockle Fishery Order 1994f1 is amended as follows.
In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—
““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.
In article 4(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.
For “Committee”, wherever occurring, substitute “Authority”.
5The Merchant Shipping (Load Line) Regulations 1998I1
The Merchant Shipping (Load Line) Regulations 1998f1 are amended as follows.
In regulation 2(1) (interpretation), omit the definition of “local fisheries committee” and insert at the appropriate place—
““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149(1) of the Marine and Coastal Access Act 2009;”.
In regulation 4(2)(c)(ii) (application), for the words “a local fisheries committee”, substitute “an inshore fisheries and conservation authority”.
6The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7The Undersized Edible Crabs Order 2000I1
The Undersized Edible Crabs Order 2000f1 is amended as follows.
In article 2(1) (interpretation), for the definition of “Eastern Sea Fisheries District”, substitute—
““Eastern Inshore Fisheries and Conservation District” means the inshore fisheries and conservation district established on 1st October 2010 by the Eastern Inshore Fisheries and Conservation Order 2010;”.
For “Eastern Sea Fisheries District”, wherever occurring, substitute “Eastern Inshore Fisheries and Conservation District”.
8The Waddeton Fishery Order 2001I1
The Waddeton Fishery Order 2001f1 is amended as follows.
In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—
““the Authority” means the inshore fisheries and conservation authority for the Devon and Severn Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.
In article 6(13) (licensing of fishing), for the words from “section 11(5)” to the end substitute “section 163(1) of the Marine and Coastal Access Act 2009”.
For “Committee”, wherever occurring, substitute “Authority”.
9The Coast Protection (Notices) (England) Regulations 2002I1
In article 3(c) (service of notice of proposal for coast protection work) of the Coastal Protection (Notices) (England) Regulations 2002f1, for the words “local fisheries committee”, substitute “inshore fisheries and conservation authority”.
10The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003I1
The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003f1 are amended as follows in relation to England.
In regulation 12 (river basin management plans: public participation)—
for paragraph (4)(j), substitute—
“(j)“any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district;”;
after paragraph (5)(b)insert —
“(ba)“inshore fisheries and conservation authority” means the inshore fisheries and conservation authority for an inshore fisheries and conservation district;
(bb)“inshore fisheries and conservation district” means an inshore fisheries and conservation district established by an order under section 149(1) of the Marine and Coastal Access Act 2009;”;
omit paragraph (5)(d).
11The Incidental Catches of Cetaceans in Fisheries (England) Order 2005F1
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12The Conservation of Habitats and Species Regulations 2010F1
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1F1
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2F1
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Explanatory note
(This note is not part of the Order)
This Order makes transitional and savings provisions consequential on the repeal of the Sea Fisheries Regulation Act 1966 (c.38) when the Orders creating the sea fisheries districts for which local fisheries committees were constituted will lapse.
Article 1(3) provides that article 8 of this Order is to cease to have effect on 1st April 2015.
Article 3 makes provision for the transfer of staff employed by or on behalf of local fisheries committees so that those individuals will become members of the staff of an inshore fisheries and conservation authority.
Article 4 provides for the transfer of property, rights and liabilities from local fisheries committees to inshore fisheries and conservation authorities.
Article 5 provides for the continuation of proceedings and other matters.
Articles 6 to 8 contain savings provisions consequential on the repeal of sections 5, 5A and 17 of the Sea Fisheries Regulation Act 1966.
Article 9 and Schedule 2 contain amendments and revocations.
A full impact assessment of the effect that the Marine and Coastal Access Act 2009 Act will have on the costs of business and the voluntary sector has been produced, and copies are available from the website of the Department for Environment, Food and Rural Affairs at www.defra.gov.uk. No separate impact assessment has been produced for this instrument.