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Marine (Scotland) Act 2010

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Changes over time for: Section 84

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Version Superseded: 01/10/2015

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Point in time view as at 16/09/2013. This version of this provision has been superseded. Help about Status

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There are currently no known outstanding effects for the Marine (Scotland) Act 2010, Section 84. Help about Changes to Legislation

84Failure to comply with dutiesS

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(1)In relation to a Nature Conservation MPA or a Demonstration and Research MPA if, in the opinion of Scottish Natural Heritage, a public authority has failed—

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

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

Scottish Natural Heritage may request from the authority an explanation in writing for the failure.

(2)Scottish Natural Heritage must send a copy of a request by it under subsection (1) to the Scottish Ministers.

(3)On receiving a request under this subsection (1), the public authority must—

(a)provide Scottish Natural Heritage with the requested explanation for the failure,

(b)send a copy of the explanation to the Scottish Ministers.

(4)If, in the opinion of the Scottish Ministers, a public authority has failed to act in accordance with advice or guidance given by them under section 81, they may request from the authority an explanation in writing of the failure, and the authority must provide them with it.

(5)In relation to a Historic MPA if, in the opinion of the Scottish Ministers, a public authority has failed to comply with any of its duties under section 82(2) or 83(3) or (4), the Ministers may request from the authority an explanation in writing for the failure, and the authority must provide them with it.

Modifications etc. (not altering text)

Commencement Information

I1S. 84 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

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