Amendments made: Government amendment 37, page 109, line 20, at end insert—

‘(10A) An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).”

This amendment provides for the affirmative procedure to apply to an order made by the Scottish Ministers under new section 137A of the Marine and Coastal Access Act 2009 (orders relating to exploitation of sea fisheries resources: Scottish offshore region) if the order makes provision about the charging of fees for permits.

Government amendment 38, page 109, line 21, leave out “An” and insert “Any other”

This amendment is consequential on the amendment that provides for the affirmative procedure to apply to an order made by the Scottish Ministers under new section 137A of the Marine and Coastal Access Act 2009 (orders relating to exploitation of sea fisheries resources: Scottish offshore region) if the order makes provision about the charging of fees for permits.

Government amendment 39, page 109, leave out lines 22 and 23 and insert

“that Part of that Act).”

This amendment is consequential on the amendment that provides for the affirmative procedure to apply to an order made by the Scottish Ministers under new section 137A of the Marine and Coastal Access Act 2009 (orders relating to exploitation of sea fisheries resources: Scottish offshore region) if the order makes provision about the charging of fees for permits.

Government amendment 40, page 110, line 7, at end insert—

‘(5) Where in reliance on subsection (4)(a) the Scottish Ministers do not comply with subsection (1) before making an order under section 137A, that order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Scottish Ministers may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 12 months.”

This amendment limits the time for which an order under new section 137A (orders relating to exploitation of sea fisheries resources: Scottish offshore region) can remain in force if made without consultation.

Government amendment 41, page 111, line 11, at end insert—

‘(4) An order to which this section applies may be amended or revoked by a further order.””

This amendment ensures that the powers of the Scottish Ministers to make orders under new section 137A and 137C of the Marine and Coastal Access Act 2009 can be exercised so as to amend or revoke previous orders.

Government amendment 42, page 111, line 11, at end insert—

Orders for marine conservation: Northern Ireland offshore region

137E Orders relating to exploitation of sea fisheries resources: Northern Ireland offshore region

(1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) An order under this section may be made so as to apply to any area in the Northern Ireland offshore region.

(3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).

(5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Department, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the Department to limit the number of permits issued by it.

(7) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(8) An order under this section may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(9) An order under this section may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(10) In this section “specified” means specified in the order.

(11) In this section, and in sections 137F to 137H, “the Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

137F Consultation etc regarding orders under section 137E

(1) Before making an order under section 137E the Department must—

(a) consult the Secretary of State,

(b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,

(d) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, and

(e) consult any other person whom they think fit to consult.

(2) The Department must publish notice of the making of an order under section 137E.

(3) The notice under subsection (2) must—

(a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected.

(4) Where the Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region—

(a) subsection (1) does not apply,

(b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Department.

(5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(10) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.”

137G Interim orders made by the Department

(1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purpose of protecting any feature in any area in that region if the Department thinks— An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(a) that the appropriate authority should consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) Subsections (4) to (10) of section 137E apply to an interim order under this section.

(3) An interim order under this section—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(4) The Department may by further order extend the period for which the interim order is in force for a period not exceeding 6 months.

(5) The Department must publish notice of the making of an interim order under this section.

(6) The notice under subsection (6) must—

(a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected;

(c) state that any person affected by the making of the order may make representations to the Department.

(7) The Department must keep under review the need for an interim order under this section to remain in force.

(8) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

137H Further provision as to orders made under section 137E or 137G

(1) This section applies to any order made under section 137E or 137G.

(2) The Department must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137F(2).

(3) The Department must—

(a) make a copy of any order to which this section applies available for inspection at such place as the Department thinks fit for that purpose at all reasonable hours without payment;

(b) provide a copy of any such order to any person who requests one.””

Government amendment 43, page 111, line 12, at end insert—

‘(1A) In the heading, omit “by Secretary of State or Welsh Ministers”.”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 44, page 111, line 21, at end insert—

‘(2B) This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of —

(a) deciding whether to make an order under section 137E;

(b) deciding whether to make an order under section 137G.””

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 45, page 111, line 22, leave out “or Scottish Ministers” and insert “, the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 46, page 111, line 28, after “134A,” insert “134B,”

This amendment makes contravention of an orders under new section 134B of the Marine and Coastal Access Act 2009 (exploitation of sea fisheries resources: Welsh offshore region) an offence.

Government amendment 47, page 111, line 29, leave out “or 137C” and insert “, 137C, 137E or 137G”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 48, page 112, line 5, leave out “or 137A(6)” and insert “, 137A(6) or 137E(6)”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 49, page 112, line 21, at end insert—

27A In section 189 (power of Welsh Ministers in relation to fisheries in Wales)—

(a) in subsection (1), for “Subject to subsection (2), the” substitute “The”;

(b) omit subsection (2).”

This amendment allows the Welsh Ministers to use the power to make provision by order under section 189 of the Marine and Coastal Access Act 2009 whether or not they could make that provision under another power.

Government amendment 50, page 112, line 34, leave out “or 137C” and insert “, 137C, 137E or 137G”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 51, page 113, line 14, at end insert—

‘(15) Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if—

(a) references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

(b) for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and

(c) subsections (3)(c) and (d) and (4) to (6) were omitted.””

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 52, page 113, line 17, leave out “or 137C” and insert “, 137C, 137E or 137G”

This amendment is consequential on the amendment which will insert new sections 137E and 137G into the Marine and Coastal Access Act 2009.

Government amendment 53, page 113, line 19, leave out paragraph 30 and insert—

30 (1) Section 316 (regulations and orders) is amended as follows.

(2) In subsection (4)(a)—

(a) for “137” substitute “137G”;

(b) after “MCZs” insert “etc”.

(3) In subsection (6), before paragraph (a) insert—

“(za) any order under section 137E that contains provision for the charging of fees for permits (including provision changing the levels of fees),”.” —(Victoria Prentis.)

This amendment provides that an order made by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under new sections 137E of the Marine and Coastal Access Act 2009 is subject to the affirmative procedure if it includes provision about the charging of fees.