The Secretary of State may by regulations make provision within subsection (2) for the purposes of implementing the United Kingdom’s obligations under Part 2 of the Agreement (marine genetic resources, including the fair and equitable sharing of benefits).

(2)

The provision that may be made is provision—

(a)

to ensure that the United Kingdom complies with Part 2 of the Agreement in a way that is consistent with Article 5(2) of the Agreement (interaction between the Agreement and other instruments etc) so far as it applies to the United Kingdom in relation to any other international agreement or arrangement to which the United Kingdom is a party;

(b)

to enable or facilitate the implementation of a decision of the Conference of the Parties under Article 14(7) of the Agreement (sharing of monetary benefits), including by imposing requirements—

(i)

to disclose information relevant to the calculation of any payment required by the decision,

(ii)

to make payments required by the decision, or

(iii)

to make payments for the purpose of enabling the Secretary of State or another person to make payments required by the decision;

(c)

making any changes to this Part that are necessary in consequence of any determination that may be made by the Conference of the Parties in accordance with Article 51(2) of the Agreement about the operation of the Clearing-House Mechanism established by Article 51(1) of the Agreement;

(d)

to limit the application of this Part in accordance with Article 51(6) of the Agreement (protection from disclosure);

(e)

to secure that no person is required to comply both with a provision of or under this Part (“the domestic provision”) and with a corresponding provision of the law of another State that is a party to the Agreement;

(f)

about the enforcement of requirements imposed by or under this Part.

(3)

In subsection (2)(e), a “corresponding provision” is a provision that has substantially the same effect as the domestic provision.

(4)

Regulations under this section may make provision within subsection (2) that applies in areas beyond national jurisdiction or otherwise outside the United Kingdom.

(5)

Regulations made in reliance on subsection (2)(f) may include provision—

(a)

for a civil sanction to be imposed in relation to a failure to comply with requirements imposed by or under this Part,

(b)

for an undertaking given by a person to be enforceable as if it were a requirement imposed by or under this Part,

(c)

about monitoring compliance with requirements imposed by or under this Part,

(d)

about requirements for the making and keeping of records and documents, or

(e)

about requirements to provide information.

(6)

Regulations under this section may amend or otherwise modify this Part (apart from this section) and section 27.

(7)

The consequential provision that may be made by regulations under this section in reliance on section 29(2)(b) includes provision amending or repealing a provision of an Act of Parliament whenever passed (as well as provision made under such an Act).

(8)

Regulations under this section that include provision—

(a)

amending or repealing a provision of an Act of Parliament,

(b)

made in reliance on subsection (2)(b), or

(c)

creating a civil sanction or varying the maximum amount of any monetary penalty,

are subject to the draft affirmative procedure.

(9)

Any other regulations under this section are subject to the negative procedure.