The Levelling-up and Regeneration Act 2023 (Commencement No. 12) Regulations 2026
Commenced provisions of the Levelling-up and Regeneration Act 2023 relating to marine licensing fees and monitoring charges.
These Regulations bring section 232 of the Levelling-up and Regeneration Act 2023 into force, granting the Secretary of State and Scottish Ministers powers to charge fees for marine licensing activities.
The provisions apply to the monitoring, variation, and transfer of marine licences under the Marine and Coastal Access Act 2009.
Subsections (1) to (8) become effective immediately following the making of the regulations, while subsection (9), which revokes the 2014 Marine Management Organisation fee order, takes effect in January 2027.
Arguments For
The regulations state that the underlying primary legislation enables the Secretary of State and Scottish Ministers to charge fees for monitoring, varying, and transferring marine licences.
The explanatory note asserts that the measures are intended to update the Marine and Coastal Access Act 2009 to facilitate cost recovery for licensing authorities.
The document notes that a full impact assessment was not required because no significant impact on the private or voluntary sector was foreseen for this specific commencement instrument.
Arguments Against
Legal commentators might note that the regulations increase the financial burden on marine licence holders by introducing new fees for monitoring and administrative changes.
Stakeholders in the marine sector have previously questioned the transparency of how such licensing fees are calculated and applied across different jurisdictions.
The phased commencement of section 232(9) creates a short period where the new powers coexist with the previous fee regime until January 2027.
Citation
- These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Commencement No. 12) Regulations 2026.
This section establishes the official name by which these regulations are to be identified.
It serves as the formal citation for legal and administrative purposes.
Commencement
- Section 232 of the Levelling-up and Regeneration Act 2023 (marine licensing) comes into force as follows-
(a) subsections (1) to (8) come into force on the day after the day on which these Regulations are made;
(b) subsection (9) comes into force on 4th January 2027.
This section activates section 232 of the 2023 Act, which gives licensing authorities the legal power to charge for monitoring and amending marine licences.
Subsections (1) through (8) take effect on 20th October 2026, while subsection (9) cancels the previous 2014 fee order starting 4th January 2027.
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