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) ”.