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Marine and Coastal Access Bill [HL]

My Amendments A148 and A196 are grouped with Amendment A146. Amendment A148 refers to Clause 118, which deals with the amendment, revocation and review of orders designating marine conservation zones. The amendment would insert a new subsection, because the process for giving effect to amendments to an existing MCZ should be in line with the initial designation procedures, including consulting interested or affected parties. As an MCZ will already be in place in such circumstances, the provision under Clause 116(10) for making an urgent designation without consultation should not be applicable but the opportunity given for representations to be made at a time when original conditions might have changed and/or other persons or interests are affected. Amendment A196 refers to Clause 128, which deals with interim by-laws. Again, the amendment would insert a new subsection. Representations can be put forward when an interim by-law is made initially. However, the process is less clear when it is subsequently determined to designate the area or part of the area as a permanent MCZ. In such instances subsection (11) requires an order to be made under Clause 113, while the interim by-law may remain in force pending the outcome of the decision. It is not clear whether in such circumstances an order under Clause 113 would be subject to the requirements of Clause 116. But if that is the case, and the by-law can be expected to remain in place, it would not be appropriate to include the procedures in subsection (10) for making an urgent designation without consultation. My amendment is designed to ensure that the opportunity is given for full representations at a time when a permanent order is to be made but conditions might have changed and other persons or interests become affected.