Marine (Scotland) Act 2010

states the Scottish Ministers' policies (however expressed) for and in connection with the sustainable development of the area to which the plan applies,

states that it is a national marine plan or (as the case may be) a regional marine plan prepared and adopted for the purposes of this section.

prepare an assessment of the condition of the Scottish marine area or, as the case may be, Scottish marine region at the time of the plan's preparation,

prepare a summary of significant pressures and the impact of human activity on the area or region.

the statement has been adopted by the Scottish Ministers in accordance with Schedule 5 to the 2009 Act,

the statement has been published in accordance with paragraph 12 of that Schedule,

the statement has not been replaced by a later marine policy statement (see section 45(3) of that Act),

the Scottish Ministers have not withdrawn from the statement in accordance with section 48 of that Act, and

the statement has not been withdrawn (by virtue of the withdrawal of the Secretary of State in accordance with that section).

any persons appearing to the Scottish Ministers to be likely to be interested in, or affected by, the withdrawal of the marine plan concerned,

members of the general public.

the continuing validity or effect of a national marine plan or regional marine plan, or

until such time as a new marine policy statement is in effect in relation to the Scottish marine area, the construction of any national or regional marine plan.

the continuing validity or effect of a regional marine plan, or

until such time as a new national marine plan is in effect, the construction of any regional marine plan.

the designation of any area as a Scottish marine region,

the preparation, adoption, amendment or withdrawal of a national marine plan or (as the case may be) a regional marine plan,

keeping under review under section 16 in relation to any such plan the matters in subsection (2) of that section.

any changes which could reasonably be expected to occur in relation to any matter referred to in subsection (2),

as regards a national marine plan, the effect that any such changes may have in relation to the sustainable development of the Scottish marine area, its natural resources, or the living resources dependent on the area,

as regards a regional marine plan, the effect that any such changes may have in relation to the sustainable development of the Scottish marine region to which the plan applies, its natural resources, or the living resources dependent on the region.

in subsection (2)(a)(i) to the cultural characteristics of the Scottish marine area includes a reference to characteristics of the area which are of a historic or archaeological nature,

in subsection (2)(b)(i) to the cultural characteristics of a Scottish marine region includes a reference to characteristics of the region which are of a historic or archaeological nature.

designate any of the delegable functions in relation to a regional marine plan which would (apart from directions under this section) be exercisable by the Scottish Ministers,

direct that the functions so designated (the “designated functions”), instead of being so exercisable, are to be exercisable by such delegate acting on behalf of the Scottish Ministers as is designated in the direction.

a person nominated by the Scottish Ministers, and

any other persons that the Scottish Ministers consider appropriate.

a statement of reasons setting out the grounds for designating the authority in preference to a group of persons,

a requirement for that authority to have regard to any representations made under paragraph (b).

must comply with the direction,

is to be taken to have all the powers necessary to do so.

those under sections 5, 8 or 11,

those under section 16 (monitoring etc. of implementation),

deciding under paragraph 4 of schedule 1 whether to prepare and publish a statement of public participation,

deciding under paragraph 6 of that schedule whether to revise a statement of public participation,

deciding under paragraph 9 of that schedule whether to publish a consultation draft,

deciding under paragraph 14 of that schedule whether to publish a regional marine plan or any amendment of such a plan.

is made by the direction, or

is included in a direction under section 14.

such terms or conditions,

such obligations or requirements,

such financial provisions,

which relates to the exercise by them of any function capable of affecting the whole or any part of the Scottish marine area, but

which is not an authorisation or enforcement decision.

the effects of the policies in the plan,

the effectiveness of the policies in securing that the objectives for which the plan was prepared and adopted are met,

the progress being made towards securing the objectives,

the progress being made towards securing that the objectives in the regional marine plan secure the objectives in the national marine plan.

preparing and adopting, in accordance with the provisions of this Part, a fresh national marine plan or (as the case may be) a regional marine plan (and as respects a regional marine plan whether or not it is for the identical Scottish marine region),

if the Scottish Ministers have not already done so, withdrawing the marine plan that is to be replaced.

that the document is not within the appropriate powers,

that a procedural requirement has not been complied with.

“the appropriate powers” means in the case of a national marine plan, a regional marine plan or an amendment of any such plan, the powers conferred on the Scottish Ministers by sections 5 to 12,

wholly or in part,

generally or as it affects a particular area,

that a relevant document is to any extent outside the appropriate powers,

that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.

quash the relevant document,

remit the relevant document to the Scottish Ministers.

require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published,

require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or not having been taken,

require action to be taken by the Scottish Ministers.

carry on a licensable marine activity, or

cause or permit any other person to carry on such an activity,

To scuttle any vessel or floating container in the Scottish marine area.

To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed within the Scottish marine area.

To carry out any form of dredging within the Scottish marine area (whether or not involving the removal of any material from the sea or seabed).

To deposit or use any explosive substance or article within the Scottish marine area either in the sea or on or under the seabed.

To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the Scottish marine area.

To load a vehicle, vessel, marine structure or floating container in Scotland or in the Scottish marine area with any substance or object for incineration anywhere at sea.

in item 7, “dredging” includes using any device to move any material (whether or not suspended in water) from one part of the sea or seabed to another part,

in item 10, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in item 9 “incinerate” is to be read accordingly),

nothing therein is to be taken to apply to fishing by any method.

amend subsection (1) so as to add or remove any activity from the list of licensable marine activities,

make such amendment consequential on such amendment of subsection (1) as they consider appropriate to any other provision of this Act.

the need to protect the environment,

the need to protect human health,

the need to prevent interference with legitimate uses of the sea,

such other matters as the Ministers consider relevant.

for which a licence has previously been granted,

as to the right of a prospective applicant for a marine licence to notify the Scottish Ministers requiring a statement from them as to whether or not, in their opinion, the activity in respect of which the licence is being sought is of such a class or description,

as to the power of the Scottish Ministers to require further information in order to determine the application,

as to the effect of a statement under paragraph (a),

as to any other matter the Scottish Ministers consider necessary or expedient for the purposes of this section.

a description in general terms of the activity to be carried out,

a plan or chart showing the outline of the location at which the activity is to be carried out (including, as appropriate, the route to be taken in order to carry out the activity), which is sufficient to identify the location,

details as to how the prospective applicant is to be contacted,

such other information as may be prescribed by regulations made by the Scottish Ministers.

require that the notification be given to persons specified in the regulations,

specify persons who are to be consulted as respects a proposed application and what form that consultation is to take.

that the notification under subsection (1) be given to persons additional to those specified under subsection (4) (specifying in the notification who those persons are),

that consultation additional to that required by virtue of subsection (4)(b) be undertaken as regards the proposed activity (specifying in the notification what form that consultation is to take).

made in such form as they may determine,

accompanied by such fee as may be determined by, or in accordance with, regulations made by them.

supply such information,

produce such articles,

refuse to proceed with the application,

refuse to proceed with it until the failure is remedied.

publish notice of the application, or

require the applicant to publish notice of it.

refuse to proceed with the application,

refuse to proceed with it until the failure is remedied.

such other matters as the Scottish Ministers consider relevant.

must, in relation to each application, consult such persons or bodies as may be specified by them by order,

may, in relation to any particular application, consult any other person or body they consider appropriate.

applications to them for marine licences,

the grant by them of such licences.

the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated),

notifying the applicant of any licensing determination.

an inquiry is caused by the Scottish Ministers to be held under subsection (1), and

in the case of some other matter required or authorised to be the subject of an inquiry (“the other inquiry”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together,

grant the licence unconditionally,

grant the licence subject to such conditions as they consider appropriate, or

refuse the application.

the activities authorised by the licence,

precautions to be taken or works to be carried out (whether before, during or after the carrying out of the authorised activities) in connection with or in consequence of those activities,

monitoring of the activities authorised by the licence.

that no activity authorised by the licence be carried out until the Scottish Ministers have (or some other specified person has) given such further approval of the activity as may be specified,

as to the provision, maintenance, testing or operation of equipment for measuring or recording specified matters relating to any activity authorised by the licence,

as to the keeping of records or the making of returns or giving of other information to the authority,

for the removal at the end of a specified period of any object or works to which the licence relates,

for the carrying out at the end of a specified period of such works as may be specified for the remediation of the site or of any object or works to which the licence relates,

that any activity authorised by the licence must take place at a specified site, whether or not in the Scottish marine area.

it is to expire unless the activity it authorises is begun or completed within a specified period,

it is to remain in force indefinitely or for a specified period of time (which may be determined by reference to a specified event).

because of a change in circumstances relating to the environment or human health,

because of increased scientific knowledge relating to either of those matters,

in the interests of safety of navigation,

for any other reason that appears to the Ministers to be relevant.

may transfer the licence from the licensee to another person, and

if they do so, must vary the licence accordingly.

the licensee,

any other person whom they consider would be adversely affected by the variation, suspension or revocation.

state that the Scottish Ministers propose to vary, suspend or, as the case may be, revoke the licence,

state the ground on which they propose to do so,

specify a period of not less than 28 days within which the person notified may request the opportunity to make representations about the proposal before a person appointed by the Scottish Ministers.

hearing any such representations, and

reporting to them on the merits of such representations.

provide a reasonable opportunity for the person notified to make representations to the appointed person,

(where that opportunity has been taken) have regard to the appointed person's report on the representations.

for a period not exceeding 3 months,

until there is no longer such a need, whichever is the shortest, without doing the things mentioned in subsections (2) and (5).

the categories of person who may be an appointed person or the qualifications of such persons,

the procedure to be followed at a hearing under subsection (4)(a),

the manner in which reports under subsection (4)(b) are to be communicated to them,

the publication of such reports.

are not to need a marine licence,

are not to need a marine licence if conditions specified in the order are satisfied.

without conditions, or

subject to such conditions as the Scottish Ministers consider appropriate.

the need to protect the environment,

the need to protect human health,

the need to prevent interference with legitimate uses of the sea,

such other matters as the Ministers consider relevant.

are not to need a marine licence, but

are instead to be registered.

make further provision in relation to registration of the activities, including in particular the procedure in relation to registration.

create offences,

provide that any offence created is triable summarily or on indictment,

the person makes both applications, or one of them, and

provide that such procedural provisions of this Part as are specified in the order are not to apply to the person's application for the marine licence,

provide that such procedural provisions of the Electricity Act as are so specified are to apply to the application instead,

modify the procedural provisions of the Electricity Act in their application to the marine licence by virtue of paragraph (b),

is proposed to be laid,

is in the course of being laid,

has been laid,

the exploration of the UK sector of the continental shelf,

the exploitation of the natural resources of that sector,

the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom,

the prevention, reduction or control of pollution from pipelines.

as to the procedure to be followed as respects an appeal,

for or in connection with suspending or varying any conditions subject to which the licence was granted, pending determination of the appeal,

as to the powers of the sheriff to whom the appeal is made.

contravenes section 20(1), or

fails to comply with any condition of a marine licence,

the Scottish Ministers have served the person with a notice under this subsection which specifies the condition together with a period (which must be a reasonable period, in all the circumstances of the case) within which the person must comply with the condition,

the person has failed to comply with the condition within that period.

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.

the activity was carried out for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure, and

the person took steps within a reasonable time to inform the Scottish Ministers of the matters set out in subsection (2).

the fact that the activity was carried out,

the locality and circumstances in which it was carried out, and

any substances or objects concerned.

the necessity for the activity was due to the fault of the accused or a person acting under the accused's direction or control.

for the purposes of paragraph 23 of the electronic communications code (undertaker's works), the person is the operator or a relevant undertaker, and

the activity was carried out for the purpose of executing emergency works, within the meaning of that code.

makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading,

makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading, or

intentionally fails to disclose any material information,

the purpose of procuring the issue, variation or transfer of a marine licence,

the purpose of complying with, or purporting to comply with, any obligation imposed by the provisions of this Part or the provisions of a marine licence.

on summary conviction, to a fine not exceeding the statutory maximum,

on conviction on indictment, to a fine.

state the Scottish Ministers' grounds for believing that subsection (3) is satisfied,

require the person to take such steps as the Scottish Ministers consider appropriate to ensure that the condition in question is complied with,

state the period before the end of which those steps must be taken.

to take such steps (falling within subsection (5)(b)) as are specified in it,

to pay to the Scottish Ministers any sum (falling within subsection (5)(c)) as is specified in it.

a person has carried on, or is carrying on, a licensable marine activity,

the carrying on of the activity has involved, or involves, the commission of an offence under section 39(1), and

must state the Scottish Ministers' grounds for believing that subsection (3) is satisfied,

may require the person to take such remedial or compensatory steps as the Scottish Ministers consider appropriate,

may require the person to pay a sum representing the reasonable expenses of any remedial or compensatory steps taken, or to be taken, by the Scottish Ministers whether under section 59 (power to take remedial action) or otherwise,

must state the period before the end of which the steps must be taken or (as the case may be) that sum must be paid.

protecting the environment,

protecting human health,

preventing interference with legitimate uses of the sea,

preventing or minimising, or remedying or mitigating the effects of, the harm or interference mentioned in subsection (3)(c),

restoring (whether in whole or in part) the condition of any place affected by that harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred,

such purposes not falling within the preceding paragraphs as the Scottish Ministers consider appropriate in all the circumstances of the case.

must be served on any person carrying on or in control of the activity to which the notice relates,

if a marine licence has been granted in relation to that activity, may also be served on the licensee.

revoke a compliance notice or remediation notice,

vary a compliance notice or remediation notice so as to extend the period specified in accordance with section 43(4)(c) or (as the case may be) section 44(5)(d).

a compliance notice, or

a remediation notice,

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.

fixed monetary penalties may only be imposed where the Scottish Ministers are satisfied beyond reasonable doubt that a person has committed an offence under this Part,

fixed monetary penalties are to be imposed by notice,

the amount of the penalty which can be imposed in relation to an offence may not exceed the maximum amount of the fine that may be imposed on summary conviction for that offence.

where the Scottish Ministers propose to impose a fixed monetary penalty on a person, they must serve on the person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty),

where the Scottish Ministers decide to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

the person on whom a fixed monetary penalty is imposed may appeal to the sheriff against the decision to impose it.

the grounds for the proposal to impose the fixed monetary penalty,

how payment to discharge the liability for a fixed monetary payment may be made,

the effect of payment of the sum referred to in subsection (2)(b),

the right to make representations and objections,

the circumstances in which the Scottish Ministers may not impose the fixed monetary penalty,

the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent was received, and

the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent was received.

must secure that the Scottish Ministers may not decide to impose a fixed monetary penalty on a person where they are satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

may include provision for other circumstances in which the Scottish Ministers may not decide to impose a fixed monetary penalty.

the grounds for imposing the penalty,

how payment may be made,

the period within which payment must be made,

the early payment discounts or late payment penalties,

rights of appeal, and

the consequences of non-payment.

the decision was based on an error of fact,

the decision was wrong in law,

the decision was unreasonable.

variable monetary penalties may only be imposed where the Scottish Ministers are satisfied beyond reasonable doubt that a person has committed an offence under this Part,

variable monetary penalties are to be imposed by notice.

where the Scottish Ministers propose to impose a variable monetary penalty on a person, they must serve on the person a notice (a “notice of intent”) which complies with subsection (3),

the person may make written representations and objections to the Scottish Ministers in relation to the proposed imposition of the penalty,

after the end of the period for making such representations and objections the Scottish Ministers must decide whether to impose a penalty and, if so, the amount of the penalty,

where the Scottish Ministers decide to impose a penalty, the notice imposing it (the “final notice”) complies with subsection (6), and

the person on whom a penalty is imposed may appeal to the sheriff against the decision as to the imposition or amount of the penalty.

the grounds for the proposal to impose the penalty,

the right to make representations and objections,

the circumstances in which the Scottish Ministers may not impose the penalty, and

the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

must secure that the Scottish Ministers may not decide to impose a penalty on a person where they are satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in question, and

may include provision for other circumstances in which the Scottish Ministers may not decide to impose a penalty.

the person on whom the notice of intent is served to be able to offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any person affected by the offence,

the Scottish Ministers to be able to accept or reject such an undertaking, and

the Scottish Ministers to take any undertaking so accepted into account in their decision.

the grounds for imposing the penalty,

how payment may be made,

the period within which the payment must be made,

any early payment discounts or late payment penalties,

rights of appeal, and

the consequences of non-payment.

the decision was based on an error of fact,

the decision was wrong in law,

the amount of the penalty is unreasonable,

the decision was unreasonable for any other reason.

designates any of the delegable marine licensing functions which would (apart from any order under this section) be exercisable by the Scottish Ministers, and

provides that the functions so designated (the “designated functions”), instead of being so exercisable, are to be exercisable by such delegate, acting on behalf of the Scottish Ministers as is designated in the order.

a public authority, or

where the proposed delegate is a public authority, only with the consent of the authority,

where the proposed delegate is a group of persons referred to in paragraph (b) of subsection (2), only with the consent of any public authority responsible for nominating under sub-paragraph (i) of that paragraph.

must comply with the order, and

is to be taken to have all the powers necessary to do so.

section 21(3) (altering the list of licensable marine activities),

section 25(1)(b) (making regulations regarding the fee for an application),

section 27(4)(a) (making order specifying consultees for licence applications),

section 27(7) (making regulations as to the procedure for applications),

section 32(1) and (5) (making orders specifying activities which do not require a marine licence and consulting in relation to such orders),

section 33(1) (making regulations regarding activities falling below specified levels of environmental impact),

section 35(3) (making orders providing for special procedures for certain applications),

section 38(1) (making regulations regarding appeals against licensing decisions),

sections 46(1) and 48(1) (making orders conferring powers to impose civil sanctions),

this section and section 53,

section 54(3) (making regulations regarding a register of licensing information),

section 61 (making regulations regarding appeals against notices issued under sections 30, 43, 44, 55 or 57).

such terms or conditions,

such obligations or requirements,

such financial provisions,

the manner in which the delegate is to exercise any of the functions,

the form and manner in which licence applications must be made to the delegate,

the persons to whom notice of an application should be published under section 26, and the circumstances in which such notice should not be published,

matters (in addition to those set out in section 27) to which the delegate must have regard in determining applications for licences,

the circumstances in which the delegate must exercise the power to consult under section 27(4), and the persons who must or may be consulted,

the form and content of any licence granted,

appeals from any decision of the delegate (whether to the Scottish Ministers, a court, tribunal or (as the case may be) person to which, or whom, the appeal is made),

any other provision that may be made by virtue of section 27(7).

the delegate may (in accordance with subsections (1) to (3) and (8) of section 30) vary, suspend, revoke or transfer a licence granted before making the order, and

any reference in those subsections to a licence granted by the Scottish Ministers includes a reference to a licence granted by the delegate.

applications for licences,

licences granted,

variations of licences,

revocations of licences,

information supplied in connection with any licence in pursuance of any provision of this Part,

convictions for any offence under this Part,

any other action taken to enforce any provision of this Part,

occasions on which any remedial action has been taken,

such other matters relating to licences or the licensable marine activities as may be prescribed.

for the register to be available for inspection at all reasonable times by members of the public free of charge,

for copies of entries in the register to be supplied, on request, to members of the public on payment of a reasonable charge.

a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence),

serious harm to the environment,

serious harm to human health,

serious interference with legitimate uses of the sea.

must state the Scottish Ministers' grounds for believing that subsection (3) is satisfied,

must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case),

may require the person to take such steps as the Scottish Ministers consider appropriate to ensure that the cessation of the activity takes place safely.

ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but

may be renewed for a period specified in a further notice.

must be served on any person carrying on or in control of the activity to which the notice relates,

if a marine licence has been granted in relation to that activity, may also be served on the licensee.

revoke a stop notice,

vary a stop notice so as to substitute a later date for the date specified in accordance with section 55(5)(b).

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or both.

any works for the carrying out of which a marine licence is or was needed, or

any substantial and unforeseen change in the state or position of any such works.

the provision of lights, signals or other aids to navigation,

the stationing of guard ships.

must state the Scottish Ministers' grounds for believing that serious interference with legitimate uses of the sea is occurring, or is likely to occur,

must state the date and time from which the requirements are to take effect (which may be at a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case),

may require the person to take such steps as the Scottish Ministers consider appropriate to ensure that compliance with the requirements takes place safely.

if a marine licence has been granted authorising the carrying out of the works, the licensee,

if there is in effect a stop notice which relates to the works, any person on whom the stop notice was served.

revoke an emergency safety notice,

vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 57(5)(b).

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.

protecting the environment,

protecting human health,

preventing interference with legitimate uses of the sea,

preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection (2),

restoring (whether in whole or in part) the condition of any place affected by any such harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred.

harm to the environment,

harm to human health,

interference with legitimate uses of the sea.

on or under the surface of the sea or of the seabed, or

on any surface of a vessel, vehicle, aircraft or marine structure in, on or over the sea or on the seabed.

oil or chemicals, or

algae or other living or dead organisms.

section 30 (notice varying, suspending or revoking marine licence for breach of conditions),

section 43 (compliance notice),

section 44 (remediation notice),

section 55 (stop notice), or

section 57 (emergency safety notice).

as to the procedure to be followed with respect to an appeal,

suspending the notice pending determination of the appeal,

as to the powers of the sheriff to whom the appeal is made.

an act or default of another person (other than the giving of instructions to the accused by an employer), or

reliance on information supplied by another person,

at least 7 clear days before the hearing, and

if the accused has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance,

in subsection (4), after “26(2)(f), (6A) and (6C),” insert “ 26AB(1), ”,

in subsection (5A), after “26(6A) or (6C)” insert “ or 26AB(1) ”.

a nature conservation marine protected area (a “Nature Conservation MPA”),

a demonstration and research marine protected area (a “Demonstration and Research MPA”),

a historic marine protected area (a “Historic MPA”).

conserving marine flora or fauna,

prepare and publish guidance setting out scientific criteria to inform consideration of whether an area should be designated a Nature Conservation MPA, and

have regard to such guidance in exercising their functions under section 67.

the protected feature or features in,

the conservation objectives for,

the limited number of individuals of that species,

the limited number of locations in which that species is present.

marine flora or fauna,

marine habitats or types of such habitat,

features of geological or geomorphological interest,

subsection (9), a “relevant delegate” means any delegate designated in a direction under section 12(1)(b) to exercise functions in relation to a regional marine plan for the Scottish marine region in which any part of the proposed Nature Conservation MPA lies.

must identify the area's boundaries,

may provide for a boundary to be determined by, or by reference to, mean high water spring tide.

the area of seashore adjoins the area of sea, and

any of the conditions in subsection (3) is satisfied.

the protected feature or features leading to the designation of the area of sea is or are also present in the area of seashore,

the area of sea is designated for the purpose of conserving marine flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, the area of seashore,

without the inclusion of the area of seashore, the identification of the boundary of the Nature Conservation MPA (either in the order designating the MPA or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

demonstration of sustainable methods of marine management or exploitation,

research into such matters.

whether it is for the purpose of demonstration or research, or both,

the method or methods of marine management or exploitation to be demonstrated or researched.

have regard in particular to the views of any relevant delegate as to the desirability of demonstrating or researching sustainable methods of marine management or exploitation in the area,

have regard to any social or economic consequences of designation.

must identify the area's boundaries,

may provide for a boundary to be determined by, or by reference to, mean high water spring tide.

the area of seashore adjoins the area of sea, and

the inclusion of the area of seashore is necessary to further or support the purpose for which the area of sea is designated.

specify any marine historic asset located, or which the Scottish Ministers are satisfied may be located, within the area,

state the preservation objectives for the asset and the area,

identify the area's boundaries.

a vessel, vehicle or aircraft (or a part of a vessel, vehicle or aircraft),

the remains of a vessel, vehicle or aircraft (or a part of such remains),

an object contained in, or formerly contained in, a vessel, vehicle or aircraft,

a building or other structure (or a part of a building or structure),

a cave or excavation,

a deposit or artefact (whether or not formerly part of a cargo of a ship) or any other thing which evidences, or groups of things which evidence, previous human activity.

publish notice of their proposal to make the order,

be published in such manner as the Scottish Ministers consider is most likely to bring the proposal to the attention of any persons likely to be affected by the making of the order,

contain a statement of the terms of the proposed order,

indicate where a plan or chart identifying the area's boundaries can be obtained or inspected.

be published in such a manner as the Scottish Ministers consider is most likely to bring the order to the attention of any persons likely to be affected by the making of it,

give an address at which a copy of the order may be inspected.

make a copy of the order available for inspection at the address specified under subsection (3)(b) at all reasonable hours,

provide a copy of the order to any person who requests one.

they need not publish notice of their proposals under section 75(1)(a) or consult under section 75(1)(b),

the order remains in force for such period, not exceeding 2 years, as is specified in it (but any order that specifies a period in excess of 6 months must be reviewed by the Scottish Ministers after 6 months has elapsed to assess whether it is still required).

publishing notice of their proposals under section 75(1)(a),

consulting under section 75(1)(b).

that the network contributes to the conservation or improvement of the marine environment in the UK marine area,

that the features which are protected by the sites comprised in the network represent the range of features present in the UK marine area,

that the designation of sites comprised in the network reflects the fact that the conservation of a feature may require the designation of more than one site.

any European marine site,

any European offshore marine site,

the whole or part of any site of special scientific interest,

the whole or part of any Ramsar site.

prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the Scottish Ministers intend to follow when complying with the duty imposed by subsection (1), and

lay of copy of the statement before the Parliament.

keep under review any statement they have prepared under this section, and,

if they consider it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (6)(a) and lay a copy of it before the Parliament.

the matters which are capable of damaging or otherwise affecting any protected feature (or the protected features) of a Nature Conservation MPA or (as the case may be) a stated purpose for a Demonstration and Research MPA,

the matters which are capable of affecting any ecological or geomorphological process on which the conservation of any such protected feature or features or (as the case may be) any such stated purpose is (wholly or in part) dependent,

how any stated conservation objectives for a Nature Conservation MPA or any stated purpose for a Demonstration and Research MPA may be furthered, or how the achievement of any such objectives or purpose may be hindered,

how the effect of any activity or activities on any Nature Conservation MPA, Demonstration and Research MPA or such marine protected areas generally may be mitigated,

which activities are, or are not, of equivalent environmental benefit (for the purposes of section 83(4)(b)(iii) (public authorities authorising certain acts)) to any particular damage to the environment (within the meaning of that provision).

in relation to a particular public authority or public authorities generally.

the matters in section 80(1)(a) to (e),

the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA,

how any stated preservation objectives for a Historic MPA may be furthered, or how the achievement of any such objectives may be hindered,

the assessment by a public authority of the matters in section 83(4)(b)(i) and (ii) including what factors the authority should take into account.

in relation to a particular public authority or public authorities generally.

any protected feature of a Nature Conservation MPA,

a stated purpose for a Demonstration and Research MPA,

a marine historic asset in a Historic MPA,

any ecological or geomorphological process on which the conservation of any protected feature in a Nature Conservation MPA, or on which a stated purpose for a Demonstration and Research MPA, is (wholly or in part) dependent,

where it is not possible to exercise its functions in a manner which furthers the objectives or (as the case may be) the purpose, exercise them in the manner which the authority considers least hinders the achievement of the objectives or (as the case may be) the purpose.

the act which the authority intends to do is an act of that description, and

the advice or guidance has not ceased to apply.

the Scottish Ministers notify the authority that it need not wait until the end of the period referred to in that subsection, or

the authority thinks that there is an urgent need to act.

in relation to which the public authority exercises functions,

which the authority believes to be an offence, and

a public authority has the function of determining an application (whenever made) for authorisation of the doing of any act, and

the stated conservation objectives for the Nature Conservation MPA,

the stated purpose for the Demonstration and Research MPA,

the stated preservation objectives for the Historic MPA.

the Scottish Ministers notify the authority that it need not wait until the end of that period, or

the authority thinks there is an urgent need to grant authorisation for the doing of the act.

in another manner, or

at another location.

if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in sub-paragraph (iii) of that paragraph are undertaken,

notify the Scottish Ministers that it proposes to grant the authorisation and of the conditions subject to which it proposes to grant it,

wait until the expiry of the period of 28 days beginning with the date of the notification before so granting the authorisation, unless the Scottish Ministers notify the authority that it need not wait until the end of that period.

if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that before the act in question is commenced, a detailed archaeological investigation of the area is carried out,

notify the Scottish Ministers that it proposes to grant the authorisation and of the conditions subject to which it proposes to grant it,

wait until the expiry of the period of 28 days beginning with the date of the notification before so granting the authorisation, unless the Scottish Ministers notify the authority that it need not wait until the end of that period.

to act in accordance with advice or guidance given by Scottish Natural Heritage under section 80,

to comply with any of its duties under section 82(2) or 83(3) or (4),

provide Scottish Natural Heritage with the requested explanation for the failure,

send a copy of the explanation to the Scottish Ministers.

that of furthering the stated conservation objectives for a Nature Conservation MPA,

that of furthering a stated purpose for a Demonstration and Research MPA,

that of furthering the stated preservation objectives for a Historic MPA,

may be made subject to specified exceptions,

the conservation objectives for a European marine site mean the protection of the natural feature by reason of which the site is considered to be of significance in relation to the Habitats Directive or the Wild Birds Directive,

“specified” means specified in the order.

the anchoring of any vessel (or types of vessel) within the protected area (including the fixing of moorings or anchors to the seabed),

the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the protected area,

the removal of all or part of any thing (or category of things) from the protected area, including in particular all or part of a marine historic asset,

the depositing (by any means) of anything in a protected area,

include provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the protected area by persons, animals or vehicles.

the use of equipment (or types of equipment),

surveying or exploring a site (whether or not by intrusive methods),

fixing or attaching anything to the seabed or (if appropriate) the seashore.

must provide a copy of a draft of an order to any person who requests one,

may charge a fee, not exceeding their expenses in doing so, for providing a copy under this subsection,

be published in such manner as the Scottish Ministers consider is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of it,

state where the copy or copies of the draft order have been placed by the Scottish Ministers in accordance with subsection (3),

state the time within which representations about the draft order must be made to the Scottish Ministers.

comes into force on such date as is specified in it,

remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in it.

be published in such manner as the Scottish Ministers consider is most likely to bring the urgent marine conservation order to the attention of any persons who are likely to be affected by the making of it,

state that a copy of the order may be inspected at such office of the Scottish Ministers as is specified in the notice,

state that the Scottish Ministers have power to revoke the order and that any person affected by the making of the order may make representations to them.

they intend to make a marine conservation order (a “permanent order”) in respect of the marine protected area concerned (in accordance with the requirements of section 87), and

they have published notice of their proposal to make the permanent order.

a marine conservation order (whether made in accordance with section 87 or an urgent marine conservation order made in accordance with section 88),

an order amending or revoking a marine conservation order,

an urgent continuation order.

make a copy of any order referred to in subsection (2) available for inspection at one of their offices at all reasonable hours,

provide a copy of any such order to any person who requests one.

make a marine conservation order (whether in accordance with section 87 or an urgent marine conservation order in accordance with section 88),

amend a marine conservation order,

revoke a marine conservation order,

the impact or potential impact of the restriction or prohibition within the area protected by the order (“the protected area”), and

where the restriction or prohibition will cause displacement of the activity to another part of the Scottish marine area, the impact or potential impact of that displacement.

economic interests,

social interests,

the environment within the protected area,

the environment elsewhere in the Scottish marine area as a result of the activity being displaced.

by direction issued to any persons (or categories of persons) specified in the order to authorise the doing by the persons of anything (or any category of thing) specified in the direction which would, apart from the direction, be unlawful under the order,

by direction issued generally to authorise the doing by any person of any thing or category of thing specified in the order which would, apart from the direction, be unlawful under the order.

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine.

intentionally or recklessly does a prohibited act in a Nature Conservation MPA (the “protected area”), and

the act has significantly hindered, or may significantly hinder, the achievement of the stated conservation objectives for the protected area.

kills or injures any animal in the protected area which is a protected feature of the area,

picks, collects, cuts, uproots or destroys any plant in the protected area which is a protected feature of the area,

takes anything from the protected area which is, or forms part of, a protected feature of that area,

damages or destroys any habitat or feature which is a protected feature of the protected area.

the act was the incidental result of a lawful operation,

the person took such steps as were reasonably practicable in all the circumstances to minimise the hindrance (or potential hindrance) to the conservation objectives.

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine.

intentionally or recklessly does a prohibited act in a Historic MPA (the “protected area”), and

the act has significantly hindered, or may significantly hinder, the achievement of the stated preservation objectives for the protected area.

removes, alters or disturbs a marine historic asset.

the act was the incidental result of a lawful operation,

the person took such steps as were reasonably practicable in all the circumstances to minimise the hindrance (or potential hindrance) to the preservation objectives.

on summary conviction, to a fine not exceeding £50,000,

on conviction on indictment, to a fine.

was an exercise of functions carried out in accordance with section 82(2) by a public authority,

was expressly authorised by an authorisation granted by a public authority or was necessarily incidental to an act so authorised (and this paragraph is not disapplied in relation to the offence by virtue of section 85(4)(a)),

the effect of the act on the protected feature or (as the case may be) the marine historic asset in question could not have reasonably been avoided.

the person took steps within a reasonable time to inform the Scottish Ministers of the matters set out in subsection (2).

the fact that the act was carried out,

the locality and circumstances in which it was carried out, and

any substances or objects concerned.

the necessity for the act was due to the fault of the accused or a person acting under the accused's direction or control.

any Nature Conservation MPA,

any Demonstration and Research MPA,

the stated conservation objectives for any Nature Conservation MPA to which the scheme applies,

the stated purposes for any Demonstration and Research MPA to which the scheme applies,

the protection of any European marine site to which the scheme applies.

any public authority exercising functions in the Scottish marine protection area, or

the Scottish Ministers.

the period of 5 years beginning with the date on which it was made,

each subsequent period of 5 years.

require one or more schemes to be made,

require conservation or other measures specified in the direction to be included in a scheme,

where a scheme is to be made by more than one relevant authority acting together, appoint one such authority to co-ordinate the making of it,

set time limits within which any steps in relation to the making of a scheme are to be taken,

require the approval of the Scottish Ministers before a scheme is made,

require any relevant authority to give to the Scottish Ministers such information relating to the making of a scheme as may be specified in the direction.

information about any amendments made during the relevant period to any designation order by order under section 74,

information about any marine conservation order or urgent continuation order made, or any amendment of any such order, during the relevant period,

information about any marine management scheme made, or any amendment of any such scheme, during the relevant period,

the extent to which in the opinion of the Scottish Ministers the exercise by them of the power in section 67(1)(a) to designate Nature Conservation MPAs contributes to the objective in section 79(2).

the period beginning on the date on which this section comes into force and ending on 31 December 2012,

each subsequent period of 6 years.

it has been seriously disabled (otherwise than by the person's unlawful conduct),

it has no reasonable chance of recovering, and

it has been disabled (otherwise than by the person's unlawful conduct),

it is (or is to be) taken in a manner and in circumstances unlikely to cause the seal to suffer unnecessarily, and

for scientific, research or educational purposes,

to conserve natural habitats,

to conserve seals or other wild animals (including wild birds) or wild plants,

in connection with the introduction of seals, other wild animals (including wild birds) or wild plants to particular areas,

to protect a zoological or botanical collection,

to protect the health and welfare of farmed fish,

to prevent serious damage to fisheries or fish farms,

to prevent the spread of disease among seals or other animals (including birds) or plants,

to preserve public health or public safety, or

for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

damage which seals have already done to the fishery or fish farm concerned or to any other fishery or fish farm which is in the vicinity of, or which is of a similar type to, the fishery or fish farm concerned, and

the effectiveness of non-lethal alternative methods of preventing seal damage to the fishery or fish farm concerned or to any other fishery or fish farm which is in the vicinity of, or which is of a similar type to, the fishery or fish farm concerned.

specifying the maximum number of seals which may be killed or taken, and

specifying steps which must be taken in relation to any seal injured when attempting to kill or take it in accordance with the seal licence in order to reduce the risk of it suffering unnecessarily.

specifying the type of firearm which must be used,

specifying the weather conditions in which a person may attempt to shoot a seal,

specifying how close a person must be to a seal before attempting to shoot it,

prohibiting a person from attempting to shoot a seal from an unstable platform, and

about the recovery of carcases.

the area in which seals may be killed or taken,

the species of seal which may be killed or taken,

the circumstances in which seals may be killed or taken,

any period during which seals may not be killed or taken, for example, when females of the species of seal for which the licence has been issued are likely to be in an advanced stage of pregnancy or have dependent pups.

where no seals have been so killed, taken or injured during the reporting period concerned, states that fact.

in the case of a seal licence which has effect for fewer than 3 months, the period for which the seal licence has effect.

publish a designation in a manner which they consider most likely to bring the proposal to the attention of persons likely to be affected by it,

make a copy of a designation available for inspection at one of their offices at all reasonable hours, and

provide a copy of a designation to any person who requests one.

the land to be entered, and

the period (of no more than 8 weeks) during which the land may be entered.

have regard to any timeous representations made by the occupier.

the land to be entered, and

the period (of no more than 8 weeks) during which the land may be entered, and

the number and species of seals that may be killed or taken.

by hand delivering the notice to the occupier,

where hand delivered, on the day of delivery,

where posted, on the day on which it would be delivered in the ordinary course of post,

where sent in a way described in subsection (1)(c), on the day after it is sent, or

where fixed to an object, on the day it is so fixed.