Section 14 provides the Secretary of State with the power to make regulations to implement ABMT and related measures.
	Section 14 subsection (1) provides that the section applies where the Conference of the Parties take a decision under one of the listed Articles of the BBNJ Agreement. This includes Article 22(1)(a) of the BBNJ Agreement, referred to in subsection (1)(a), where the Conference of the Parties can take decisions on the establishment of ABMT, including marine protected areas, and related measures. An example of this could be a new marine protected area designated to protect a certain feature like a spawning ground for a migratory species at a particular time of year. Subsection (1)(b) refers to Article 22(1)(b), which covers decisions by the Conference of the Parties on measures compatible with other legal instruments and frameworks, and certain other matters. This could include measures that would work alongside and contribute to the outcomes of a measure of another body, such as building on an existing fisheries-related measure (for example a closed area) by protecting other species at the same time, therefore achieving greater ecological outcomes. Subsection (1)(c) refers to Article 24(1) of the BBNJ Agreement, which covers measures that are adopted by the Conference of the Parties on an emergency basis, when a natural phenomenon or human-caused disaster has caused, or is likely to cause, serious or irreversible harm to marine biological diversity of ABNJ, to ensure that the serious or irreversible harm is not exacerbated. An example of an emergency measure could be to divert shipping traffic in the event of a disaster.
	Section 14 subsection (2) provides for the Secretary of State to make regulations for the purpose of meeting the UK obligation under Article 25(1) of the BBNJ Agreement as it applies in relation to such a decision of the Conference of Parties. Article 25(1) requires Parties to the BBNJ Agreement to ensure that activities under their jurisdiction or control that take place in ABNJ are conducted consistently with decisions taken under Part III of the Agreement.
	Section 14 subsection (3) describes provision that may (among others) be made using this power. This includes provision which may apply in ABNJ or otherwise outside of the UK (subsection (3)(a)). It may also include provision relating to enforcement (subsection (3)(b)), for which further details are provided in subsection (4). Subsection (3)(c) provides that fees may be charged in relation to carrying out functions under the regulations (including enforcement functions). This could include, for example, fees associated with an application to carry out a licensable activity under the Marine and Coastal Access Act 2009. Subsection (3)(d) allows provision to be made by reference to other documents as updated from time to time. This allows for regulations to stay up-to-date as those documents which are referenced are updated over time.
	Section 14 subsections (4)(a) to (g) expand on subsection (3)(b) and provides an outline of what enforcement provisions may be made under these regulations. Subsection (4)(g) provides that provision may be made that is similar to, or applies, any provisions under Part 10 of the Merchant Shipping Act 1995 (enforcement officers and powers) or Part 8 of the Marine and Coastal Access Act 2009 (enforcement). The provisions in these Acts relate to the appointment of enforcement officers and their corresponding powers to carry out enforcement actions under that legislation. This, therefore, provides for regulations made under Section 14 to include similar common enforcement powers which may include, for example, the power to board and inspect vessels and marine installations or the power to direct a vessel or marine installation to port.
	Section 14 subsection (5) explains the limitations to any criminal offences created by regulations made using this power. An offence may not be punishable on summary conviction by imprisonment (subsection (5)(a)). An offence may not be punishable on indictment with imprisonment exceeding 2 years (subsection (5)(c)). In relation to Scotland or Northern Ireland, for an offence triable only summarily, fines cannot exceed level 5 on the standard scale as set out in the Criminal Procedure (Scotland) Act 1995 3 and the Fines and Penalties (Northern Ireland) Order 1984 4 (subsection (5)(b)(i)). For an offence triable summarily or on indictment, fines on summary conviction cannot exceed the statutory maximum (subsection (5)(b)(ii)).
	Section 14 subsection (6) provides that any consequential provisions that may be made by regulations under Section 14 in reliance on the power in Section 29 subsection (2)(b) of the Act to make consequential provisions includes provision to amend or repeal a provision of an Act of Parliament whenever passed (as well as provision made under such an Act). This may include consequential amendment to allow for cases where the restriction or control of an activity, provided for by regulation, conflicts with other provisions relating to that activity.
Part 3 – Area-Based Management Tools (ABMT) Section 14: Power to make regulations