Search Legislation

Marine (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Marine (Scotland) Act 2010, Part 9 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 9 SGeneral provisions

162Crown applicationS

(1)This Act binds the Crown and applies in relation to Crown land as it applies in relation to any other land.

(2)Nothing in Part 4 is to be taken as in any way affecting Her Majesty in her private capacity.

(3)The modifications made by schedule 4 bind the Crown to the extent that the enactments modified bind the Crown.

(4)No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(5)But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(6)Despite subsection (4), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

(7)For the purposes of subsection (1), “Crown land” means land an interest in which—

(a)belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b)belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(8)In subsection (7)(a), the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

Commencement Information

I1S. 162 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(g)

163Offences by bodies corporateS

(1)Where—

(a)an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association,

(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)a relevant individual, or

(ii)an individual purporting to act in the capacity of a relevant individual,

the individual as well as the offender is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2)In subsection (1), “relevant individual” means—

(a)in relation to a body corporate—

(i)a director, manager, secretary or other similar officer of the body,

(ii)where the affairs of the body are managed by its members, the members,

(b)in relation to a Scottish partnership, a partner,

(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Commencement Information

I2S. 163 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(g)

164Ancillary provisionS

(1)The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of, or for giving full effect to, this Act or any provision of it.

(2)An order under this section may modify any enactment, instrument or document.

Commencement Information

I3S. 164 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(g)

165Orders and regulationsS

(1)Any power of the Scottish Ministers to make orders or regulations under this Act—

(a)may be exercised so as to make different provision for different purposes,

(b)includes power to make such incidental, consequential, supplemental, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(2)Any power of the Scottish Ministers to make orders or regulations under this Act must be exercised by statutory instrument.

(3)But subsection (2) does not apply to an order made under section 67(1) (order designating a Nature Conservation MPA, a Demonstration and Research MPA or a Historic MPA).

(4)A statutory instrument containing an order or regulations made under this Act (except an order made under section 168(1)) is (except where subsection (5) provides otherwise) subject to annulment in pursuance of a resolution of the Parliament.

(5)A statutory instrument containing—

(a)an order under section 5(5), 21(3) or 32(1),

(b)regulations under section 33(1) or 38(1),

(c)an order under section 46(1), 48(1) or 51(1),

(d)regulations under section 61(1),

(e)an order under section 97(3),

(f)an order under section 164(1) containing provisions which add to, replace or omit any part of the text of an Act,

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

166Interpretation: generalS

(1)In this Act—

  • the 2009 Act” means the Marine and Coastal Access Act 2009 (c.23),

  • the Conservation (Natural Habitats, &c.) Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),

  • European marine site” has the same meaning as in regulation 2(1) of the Conservation (Natural Habitats, &c.) Regulations,

  • fish farm” means a place where fish or shellfish (including any kind of crustacean or mollusc) are bred, reared or kept,

  • the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna or flora (as amended from time to time),

  • marine installation” means any artificial island, installation or structure (other than a vessel),

  • marine structure” means a platform or other artificial structure at sea, other than a pipeline,

  • UK marine area” has the meaning given in section 42 of the 2009 Act,

  • the Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds (as amended from time to time).

(2)The expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in the schedule.

167Consequential modificationsS

Schedule 4 makes modifications consequential on the provisions of this Act.

Commencement Information

I4S. 167 in force at 1.7.2010 for specified purposes by S.S.I. 2010/230, art. 2(h)

I5S. 167 in force at 24.2.2011 for specified purposes by S.S.I. 2011/58, art. 2(b)

I6S. 167 in force at 6.4.2011 for specified purposes by S.S.I. 2011/58, art. 3(d)

I7S. 167 in force at 1.11.2013 for specified purposes by S.S.I. 2013/276, art. 2

168Commencement and short titleS

(1)The provisions of this Act, except this section and sections 1, 2, 19, 64, 65, 66, 106, 133, 157, 165 and 166, come into force on such day as the Scottish Ministers may by order appoint.

(2)This Act may be cited as the Marine (Scotland) Act 2010.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources