Marine (Scotland) Act 2010 (asp 5)

Part 4 S Marine licensing

Modifications etc. (not altering text)

C1 Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

Enforcement notices S

45 Further provision as to compliance and remediation notices S

(1) A compliance notice or remediation notice—

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

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

(2) The Scottish Ministers may by a further notice—

(a) revoke a compliance notice or remediation notice,

(b) 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).

(3) A person who fails to comply with—

(a) a compliance notice, or

(b) a remediation notice,

commits an offence.

(4) A person guilty of an offence under subsection (3) is liable—

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

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

Commencement Information

I1 S. 45 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)