Maritime Area Planning Act 2021

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Chapter 3

Designated maritime area plans

Designation of public bodies who may make DMAPs

20. (1) Without prejudice to section 15 but subject to subsections (3) to (5) and (7), the Minister may, designate one or more than one public body (other than a public body which falls within paragraph (d) of the definition of “public body”) to be a competent authority (in this Part referred to as a “competent authority (D)”) for the purposes of preparing and publishing on a website of the public body a maritime area plan (in this Act referred as a “designated maritime area plan”) in accordance with this Chapter and the MSP Directive and any such designation may be in respect of one or more than one of the following:

(a) all or specified activities of a competent authority for the purposes of the MSP Directive;

(b) acting as a coordinating body for some or all of the competent authorities for some of their activities;

(c) one or more than one designated geographical or sectoral area, or both, of the maritime area.

(2) A competent authority (D) shall be deemed to have all the functions necessary to perform functions for the purposes of the designation concerned.

(3) Where the Minister proposes to designate a public body as a competent authority (D) and the body is—

(a) a Minister of the Government, or

(b) any other public body that, in the opinion of the Minister, is a body directly or indirectly responsible to a Minister of the Government,

then the Minister shall not so designate the public body without the consent of the Minister of the Government concerned.

(4) Where the Minister proposes to designate a public body as a competent authority then, without prejudice to subsection (3) where that subsection applies, the Minister shall consult with that body before so designating it.

(5) The Minister may—

(a) amend the terms of a designation made under this section or revoke a designation so made, and

(b) provide for any matters consequential to such amendment or revocation.

(6) Where a designation under this section has been made in respect of a public body by the Minister, or such a designation is amended or revoked, the Minister shall cause to be published on a website of the Government a notice to that effect and the notice shall include information as to the public body concerned, and the activities and areas under subsection (1) to which the notice relates.

(7) Where the competent authority (M) has prepared and published on a website of the Government a DMAP in accordance with Chapter 6, the Minister may designate under this section, and with all necessary modifications to this section, a public body to perform any functions under this Act in relation to that DMAP that would, in the absence of such designation, otherwise have to be performed by the competent authority (M).