
1 
This Order—
(a) may be cited as the Marine Licensing (Delegation of Functions) Order 2011; and
(b) comes into force on 6th April 2011.
2 

(1) This Order applies in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is—
(a) the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 2009,
(b) an enforcement authority under section 114 of that Act,
and references in this Order to “the licensing authority” or an “enforcement authority” are to be read accordingly.
(2) Nothing in this Order applies in relation to any excepted function within the meaning of section 98(6) of that Act.
3 

(1) The functions referred to in paragraph (3) are designated for the purposes of section 98(1)(a) of the Marine and Coastal Access Act 2009.
(2) But this is subject to paragraph (4).
(3) The functions are any function of the licensing authority and any function of an enforcement authority, as the case may be, under—
(a) Part 4 of that Act (sections 65 to 115, and Schedules 7 to 9);
(b) the Marine Licensing (Exempted Activities) Order 2011;
(c) the Marine Licensing (Register of Licensing Information) Regulations 2011;
(d) the Marine Licensing (Application Fees) Regulations 2011.
(4) Paragraph (1) does not apply to any function so far as it relates to an activity falling within the subject matter of—
(a) Part 6 of the Merchant Shipping Act 1995 (pollution etc);
(b) the Petroleum Act 1998; or
(c) Part 1 (gas importation or storage), 4 (provisions relating to oil and gas) or 4A (works detrimental to navigation) of the Energy Act 2008.
4 
The functions designated by article 3, instead of being exercisable by or in relation to the licensing authority or, as the case may be, an enforcement authority, are exercisable by or in relation to the Marine Management Organisation acting on behalf of the licensing authority or, as the case may be, the enforcement authority.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd March 2011