Marine and Coastal Access Bill [HL]

Amendments 21 to 23 21: Clause 4, page 3, leave out lines 14 and 15 and insert— "(2) In subsection (1)(a) of that section (power by order to prohibit fishing unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State. (3) In the following provisions of that section—" 22: Clause 4, page 3, line 30, at end insert— "( ) After subsection (11) of that section insert— "(11A) As respects any function under this section, other than a function of making an order,— (a) the Marine Management Organisation may make arrangements for the function to be exercised on its behalf by the Scottish Ministers, and (b) the Scottish Ministers may make arrangements for the function to be exercised on their behalf by the Marine Management Organisation. An arrangement under this subsection does not affect a person’s responsibility for the exercise of the function. (11B) A person exercising a function on behalf of another by virtue of subsection (11A) above may charge that other such fees as the person considers reasonable in respect of the cost of doing so."." 23: Clause 4, page 3, line 31, leave out subsections (6) to (8) and insert— "(6) The grant, variation, revocation or suspension of a licence under that section by or on behalf of the Secretary of State before the coming into force of this section has effect as from the coming into force of this section as the grant, variation, revocation or suspension of the licence by the MMO. (7) Where a decision to grant, vary, revoke or suspend a licence under that section— (a) has been taken by or on behalf of the Secretary of State before the coming into force of this section, but (b) has not been notified in accordance with regulations under section 4B of the Sea Fish (Conservation) Act 1967 (c. 84), the decision has effect as from the coming into force of this section as a decision taken by the MMO. (8) Where, before the coming into force of this section, an application for a licence under section 4 of that Act, or for the variation of such a licence,— (a) has been made to the Secretary of State or a person acting on behalf of the Secretary of State, but (b) has not been determined or withdrawn, the application is to be treated as from the coming into force of this section as an application made to the MMO." Amendments 21 to 23 agreed.