Section 113

Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))— in relation to a marine plan as it applies in relation to a land use plan; and in relation to a marine plan authority when exercising powers under Part 3 of the Marine Act as it applies in relation to a plan-making authority. Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine plan, is to be taken to be a reference to the adoption and publication of a marine plan in accordance with Schedule 6 to the Marine Act or any amendment of a marine plan under section 52 of that Act. Where Chapter 8 applies by virtue of paragraph (1)— regulations 105(5), 107(3) to (6) and 108 do not apply; where by virtue of paragraph (1) regulation 109 applies in relation to a marine plan which includes a relevant offshore wind plan or project— regulation 109 does not apply in relation to the marine plan to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine plan, the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA. In this regulation— “marine plan” means a marine plan under Chapter 2 of Part 3 of the Marine Act; “marine plan authority” has the meaning given by Part 3 of the Marine Act.

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Source: legislation.gov.uk · retrieved 2026-07-30