Marine and Coastal Access Bill [HL] — Report (1st Day) (Continued) — 5 May 2009 at 21:33

Amendment 62

Moved by Baroness Hamwee

62: After Clause 45, insert the following new Clause-

"Suspension pending review

(1) This section applies if a policy authority thinks that the condition in subsection (2) or (3) is met.

(2) The condition is that-

(a) since the time when an MPS was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the MPS was decided;

(b) the change was not anticipated at that time; and

(c) if the change had been anticipated at that time, any of the policy set out in the MPS would have been materially different.

(3) The condition is that-

(a) since the time when part of an MPS ("the relevant part") was first published or (if later) last reviewed, there has been a significant change in any circumstances on the basis of which any of the policy set out in the relevant part was decided;

(b) the change was not anticipated at the time; and

(c) if the change had been anticipated at that time, any of the policy set out in the relevant part would have been materially different.

(4) In the case of an MPS prepared by the Secretary of State acting alone, the Secretary of State, or in any other case the policy authorities in question, may suspend the operation of all or any part of the MPS until a review of the statement or the relevant part has been completed.

(5) In the event of suspension under subsection (4) the designation of an MPS of the statement or (as the case may be) the part of the statement that has been suspended is treated as having been withdrawn and the provisions of section 46 shall apply."

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