Clause 41 - Deemed consent under marine licence

Planning and Infrastructure Bill – in the House of Commons at 10:00 pm on 9 June 2025.

Alert me about debates like this

Amendments made: 94, page 54, line 22, leave out from beginning to end of line 19 on page 55 and insert—

“(1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).

(2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea;

(c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

(d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).

(4) An order including provision under subsection (1) or (3) may also include provision—

(a) deeming the licence to have been granted subject to such conditions as may be specified in the order;

(b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.

(4A) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence.”

This amendment reworks the provision for deemed marine licences in Transport and Works Act orders so that the Secretary of State and the Welsh Ministers may only authorise activity for which they are responsible under the marine licensing legislation.

Amendment 95, page 55, line 22, leave out “Marine and Coastal Access Act” and insert “MCAA”.

This amendment is consequential on Amendment 97.

Amendment 96, page 55, line 24, leave out “Marine and Coastal Access Act” and insert “MCAA”.

This amendment is consequential on Amendment 97.

Amendment 97, page 55, line 26, at end insert—

“‘the MCAA 2009’ means the Marine and Coastal Access Act 2009;

‘marine licence’ means a marine licence under Part 4 of the MCAA 2009;”.

This amendment is consequential on Amendment 94.

Amendment 98, page 55, line 29, leave out “Marine and Coastal Access Act” and insert “MCAA”.—(Matthew Pennycook.)

This amendment is consequential on Amendment 97.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.