Marine (Scotland) Act 2010

1. Introductory Text

2. Part 1 The Scottish marine area

   1. 1. The “Scottish marine area”

   2. 2. “Sea”

3. Part 2 General duties

   1. 3. Sustainable development and protection and enhancement of the health of the Scottish marine area

   2. 4. Mitigation of and adaptation to climate change

4. Part 3 Marine planning

   1. Marine plans

      1. 5. National marine plan and regional marine plans

      2. 6. Conformity of marine plans with other documents

      3. 7. Coming into effect of marine plans

      4. 8. Amendment of marine plans

      5. 9. Withdrawal of marine plans

      6. 10. Effect of withdrawal from or of marine policy statement or of national marine plan

      7. 11. Duty to keep relevant matters under review

   2. Delegation of functions relating to regional marine plans

      1. 12. Delegation of functions relating to regional marine plans

      2. 13. Directions under section 12: supplementary provision

      3. 14. Directions to delegates as regards performance of designated functions

   3. Decisions of public authorities affected by a marine plan

      1. 15. Decisions of public authorities affected by marine plans

   4. Monitoring and reporting

      1. 16. Monitoring of and periodical reporting on implementation of marine plans

   5. Validity of marine plans

      1. 17. Validity of national marine plans and regional marine plans

      2. 18. Powers of the Court of Session on an application under section 17

   6. Interpretation of Part 3

      1. 19. Interpretation of Part 3

5. Part 4 Marine licensing

   1. Requirement for licence

      1. 20. Requirement for licence

   2. Licensable marine activities

      1. 21. Licensable marine activities

   3. Pre-application consultation

      1. 22. Pre-application consultation: preliminary

      2. 23. Pre-application consultation: compliance

      3. 24. Pre-application consultation report

   4. Licences

      1. 25. Application for licence

      2. 26. Notice of applications

      3. 27. Determination of applications

      4. 28. Inquiries

      5. 29. Grant or refusal of licence

      6. 30. Variation, suspension, revocation and transfer

      7. 31. Pre-variation, suspension or revocation procedure

   5. Exemptions from licensing requirements

      1. 32. Exemptions specified by order

      2. 33. Activities below specified threshold of environmental impact

      3. 34. Oil and gas, defence or pollution

   6. Special provision for certain cases

      1. 35. Special procedure for applications relating to certain electricity works

      2. 36. Electronic communications apparatus

      3. 37. Submarine cables

   7. Appeals against licensing decisions

      1. 38. Appeals against licensing decisions

   8. Offences

      1. 39. Breach of requirement for, or conditions of, licence

      2. 40. Defences: action taken in an emergency

      3. 41. Defences: electronic communications: emergency works

      4. 42. Offences relating to information

   9. Enforcement notices

      1. 43. Compliance notice

      2. 44. Remediation notice

      3. 45. Further provision as to compliance and remediation notices

   10. Civil sanctions

       1. 46. Fixed monetary penalties

       2. 47. Fixed monetary penalties: procedure

       3. 48. Variable monetary penalties

       4. 49. Variable monetary penalties: procedure

       5. 50. Further provision about civil sanctions

   11. Delegation

       1. 51. Delegation of functions relating to marine licensing

       2. 52. Orders under section 51: supplementary provisions

       3. 53. Directions to delegates as regards the performance of the marine licensing designated functions

   12. Register of licensing information

       1. 54. Register of licensing information

   13. Stop notices and emergency safety notices

       1. 55. Notice to stop activity causing serious harm etc.

       2. 56. Further provision as to stop notices

       3. 57. Emergency safety notices

       4. 58. Further provision as to emergency safety notices

   14. Other powers

       1. 59. Power to take remedial action

       2. 60. Power to test and charge for testing certain substances

   15. Appeals against notices under this Part

       1. 61. Appeals against notices

   16. Offences: supplementary provision

       1. 62. General defence of due diligence

   17. Power by order to provide marine fish farming is not “development”

       1. 63. Power by order to provide marine fish farming is not “development”

   18. Proceedings for questioning certain decisions under sections 28 and 29

       1. 63A. Proceedings for questioning certain decisions under sections 28 and 29

       2. 63B. Applications under section 63A: requirement for permission

   19. Interpretation of Part 4

       1. 64. Interpretation of Part 4

6. Part 5 Marine protection and enhancement: the Scottish marine protection area

   1. The Scottish marine protection area

      1. 65. The Scottish marine protection area

      2. 66. “Sea” for the purposes of this Part

   2. Designation of marine protected areas

      1. 67. Marine protected areas

   3. Nature Conservation MPAs

      1. 68. Nature Conservation MPAs: additional requirements relating to designation

      2. 69. Nature Conservation MPAs: further provision

      3. 70. Nature Conservation MPAs: assessment of achievement of stated objectives

   4. Demonstration and Research MPAs

      1. 71. Demonstration and Research MPAs: additional requirements relating to designation

      2. 72. Demonstration and Research MPAs: further provision

   5. Historic MPAs

      1. 73. Historic MPAs: additional requirements etc.

   6. Amendment or revocation of designation orders

      1. 74. Amendment or revocation of designation orders

   7. Consultation, urgent designation, representations etc.

      1. 75. Publicity and consultation etc. before designation

      2. 76. Publicity in relation to designation orders

      3. 77. Urgent designation

      4. 78. Representations and hearing in relation to proposed designation order

   8. Duties relating to network

      1. 79. Creation of network of conservation sites

   9. Advice etc. as regards protection of certain marine areas

      1. 80. Advice etc. by Scottish Natural Heritage as regards Nature Conservation MPAs and Demonstration and Research MPAs

      2. 80A. Advice etc. by Historic Environment Scotland as regards Historic MPAs

      3. 81. Advice and guidance by the Scottish Ministers as regards MPAs

   10. General duties of public authorities

       1. 82. Duties of public authorities in relation to marine protected areas etc.

       2. 83. Duties of public authorities in relation to certain decisions

       3. 84. Failure to comply with duties

   11. Marine conservation orders

       1. 85. Marine conservation orders

       2. 86. Example provisions for marine conservation orders

       3. 87. Procedure for marine conservation orders

       4. 88. Urgent orders

       5. 89. Publicity in relation to marine conservation orders and urgent continuation orders

       6. 90. Representations and hearings in relation to proposed marine conservation orders etc.

       7. 91. Duty to assess impact of prohibition or restriction of activities

   12. Authorisation of things prohibited, regulated etc. by marine conservation orders

       1. 92. Authorisation of things prohibited, regulated etc. by a marine conservation order

       2. 93. Delegation of issuing permits or authorisations

   13. Offences

       1. 94. Offences: contravening a marine conservation order

       2. 95. Offences relating to protected features of a Nature Conservation MPA

       3. 96. Offences relating to marine historic assets

       4. 97. Exceptions to offences under section 94, 95 or 96

       5. 98. Prohibited act taken in an emergency

   14. Marine management schemes

       1. 99. Marine management schemes

       2. 100. Review of schemes

       3. 101. Marine management schemes: consultation etc.

       4. 102. Directions as to making, amending or revocation of schemes

   15. Reports to Parliament

       1. 103. Reports to Parliament

   16. Licences granted under Wildlife and Countryside Act 1981

       1. 104. Grant of certain licences under Wildlife and Countryside Act 1981

   17. Penalties in regulations implementing Habitats Directive

       1. 105. Penalties in regulations implementing the Habitats Directive for the Scottish marine area

   18. Interpretation of Part 5

       1. 106. Interpretation of Part 5

7. Part 6 Conservation of seals

   1. Offence: killing, injuring or taking seals

      1. 107. Offence: killing, injuring or taking seals

      2. 108. Exceptions: alleviating suffering

      3. 109. Exceptions: licensed activity

   2. Seal licences

      1. 110. Seal licences

      2. 111. Methods of killing or taking seals under seal licence

      3. 112. Seal licence conditions

      4. 113. Seal licence reports

      5. 114. Variation or revocation of seal licence

      6. 115. Seal licence fees

      7. 116. Consultation and consent

   3. Protection at haul-out sites

      1. 117. Offence: harassment at haul-out sites

   4. Seal conservation areas

      1. 118. Seal conservation areas

      2. 119. Effect of seal conservation area status: licensing decisions

   5. Authorisations to enter land

      1. 120. Power to enter land to obtain information about seals

      2. 121. Power to enter land to protect fisheries or fish farms from seals

      3. 122. Duty to notify occupier

      4. 123. Duty to produce authority

      5. 124. Obstructing an authorised person

   6. Supplementary

      1. 125. Advice on seal population

      2. 126. Police powers: search and seizure

      3. 127. Forfeiture

      4. 128. Penalties

      5. 129. Duty to review seal licensing regime

      6. 130. Repeal

8. Part 7 Common enforcement powers etc.: licensing and marine protection etc.

   1. Powers of marine enforcement officers

      1. 131. Enforcement of marine licensing regime

      2. 132. Enforcement of marine protection and nature conservation legislation

   2. The common enforcement powers

      1. 133. The “common enforcement powers”

   3. Common enforcement powers of entry, search and seizure

      1. 134. Power to board and inspect vessels and marine installations

      2. 135. Power to enter and inspect premises

      3. 136. Power to enter and inspect vehicles

      4. 137. Dwellings

      5. 138. Powers of search, examination, etc.

      6. 139. Power to require production of documents, etc.

      7. 140. Powers of seizure, etc.

      8. 141. Further provision about seizure

      9. 142. Retention of seized items

   4. Miscellaneous and ancillary common enforcement powers

      1. 143. Power to record evidence of offences

      2. 144. Power to require name and address

      3. 145. Power to require production of licence, etc.

      4. 146. Power to require attendance of certain persons

      5. 147. Power to direct vessel or marine installation to port

      6. 148. Assistance, etc.

      7. 149. Power to use reasonable force

   5. Licensing: further enforcement powers

      1. 150. Power to require information relating to certain substances and objects

   6. Duties of marine enforcement officers

      1. 151. Duty to provide evidence of authority where a person is present

      2. 152. Duty to state name and purpose, etc.

      3. 153. Disapplication of sections 151 and 152 in relation to dwellings

   7. Liability of marine enforcement officers

      1. 154. Liability of marine enforcement officers

   8. Offences in relation to marine enforcement officers

      1. 155. Offences in relation to marine enforcement officers

   9. General

      1. 156. General

   10. Interpretation of Part 7

       1. 157. Interpretation of Part 7

9. Part 8 Sea fisheries

   1. 158. Extension of modifications relating to Sea Fish (Conservation) Act 1967

   2. 159. Modification of section 22A of Sea Fish (Conservation) Act 1967

   3. 160. Modifications relating to Sea Fisheries (Shellfish) Act 1967: orders as to fisheries for shellfish

   4. 161. Further modifications relating to Sea Fisheries (Shellfish) Act 1967

10. Part 9 General provisions

    1. 162. Crown application

    2. 163. Offences by bodies corporate

    3. 164. Ancillary provision

    4. 165. Orders and regulations

    5. 166. Interpretation: general

    6. 167. Consequential modifications

    7. 168. Commencement and short title

11. 1. SCHEDULE 1

       Preparation, adoption etc. of marine plans or any amendment

       1. Scottish Ministers to notify decision to prepare any marine plan

          1. 1. (1) Where the Scottish Ministers decide to prepare a national...

       2. Interpretation

          1. 2. In this schedule— “consultation draft” is to be read in...

       3. Regional marine plans to be compatible with certain other plans

          1. 3. (1) In preparing or amending a regional marine plan for...

       4. Statement of public participation

          1. 4. (1) Before preparing a national marine plan or a regional...

       5. Further provision about content of an SPP

          1. 5. (1) An SPP must include a proposed timetable.

       6. Review and revision of an SPP

          1. 6. (1) The Scottish Ministers must keep an SPP under review....

       7. Advice and assistance

          1. 7. (1) In connection with the preparation of a national marine...

       8. Matters to which Scottish Ministers to have regard in preparing marine plans

          1. 8. (1) The matters to which the Scottish Ministers are to...

       9. Preparation and publication of a consultation draft

          1. 9. (1) The Scottish Ministers must publish in such manner as...

       10. Representations about a consultation draft

           1. 10. (1) Any person may make representations about a consultation draft....

       11. Independent investigation

           1. 11. (1) Where the Scottish Ministers have published a consultation draft...

       12. Matters to which Scottish Ministers are to have regard in settling text with a view to adoption etc.

           1. 12. The Scottish Ministers, in settling the text of a national...

       13. Laying settled text of draft national marine plan before the Parliament

           1. 13. (1) The Scottish Ministers must not adopt a national marine...

       14. Adoption and publication of marine plan

           1. 14. (1) A national marine plan or (as the case may...

    2. SCHEDULE 2

       Further provision about civil sanctions under Part 4 (marine licensing)

       1. Interpretation

          1. 1. In this schedule— “ civil sanction ” means a fixed...

       2. Fixed monetary penalties: other sanctions

          1. 2. (1) Provision under section 46 must secure that, in a...

       3. Variable monetary penalties: other sanctions

          1. 3. Provision under section 48 must secure that, in a case...

       4. Combination of sanctions

          1. 4. (1) Provision may not be made under section 46 and...

       5. Civil sanctions and fixed penalty notices

          1. 4A. (1) Provision under section 46 must secure that, in a...

       6. Monetary penalties

          1. 5. An order under section 46 or 48 which enables the...

       7. Recovery of expenses

          1. 6. (1) Provision under section 48 may include provision for the...

       8. Appeals

          1. 7. (1) An order under section 46 or 48 which makes...

       9. Consultation

          1. 8. (1) Before making an order under section 46 or 48,...

       10. Guidance as to use of civil sanctions

           1. 9. (1) Where the Scottish Ministers make provision about the imposition...

       11. Guidance as to enforcement of offences

           1. 10. (1) Where the Scottish Ministers make provision about the imposition...

       12. Publication of enforcement action

           1. 11. (1) Where the Scottish Ministers make provision about the imposition...

       13. Disclosure of information

           1. 12. (1) Information held by or on behalf of a person...

    3. SCHEDULE 3

       Warrants issued under section 137

       1. Introductory

          1. 1. (1) This schedule has effect in relation to the issue...

       2. Applications for warrants

          1. 2. (1) Where a marine enforcement officer applies for a warrant,...

       3. Safeguards in connection with power of entry conferred by warrant

          1. 3. A warrant authorises entry on one occasion only.

          2. 4. (1) A warrant must specify— (a) the name of the...

          3. 5. (1) 2 copies are to be made of a warrant....

       4. Execution of warrants

          1. 6. A warrant may be executed by any marine enforcement officer....

          2. 7. (1) A warrant may authorise persons to accompany any marine...

          3. 8. (1) Execution of a warrant must be within 3 months...

          4. 9. (1) Where the occupier of a dwelling that is to...

       5. Return of warrants

          1. 10. (1) A warrant which— (a) has been executed, or

    4. SCHEDULE 4

       Consequential modifications

       1. Part 1 Marine licensing

          1. Coast Protection Act 1949 (c.74)

             1. 1. In the Coast Protection Act 1949— (a) Part II is...

          2. Merchant Shipping Act 1988 (c.12)

             1. 2. Section 36 of the Merchant Shipping Act 1988 is repealed....

          3. Energy Act 2004 (c.20)

             1. 3. In section 99 of the Energy Act 2004, subsections (4)...

       2. Part 2 Marine protection and enhancement: the Scottish marine protection area

          1. Protection of Wrecks Act 1973 (c.33)

             1. 4. Section 1 of the Protection of Wrecks Act 1973 is...

          2. Wildlife and Countryside Act 1981 (c.69)

             1. 5. In the Wildlife and Countryside Act 1981—

          3. Territorial Sea Act 1987 (c.49)

             1. 6. In the Territorial Sea Act 1987— (a) in section 3,...

          4. Local Government (Wales) Act 1994 (c.19)

             1. 7. In the Local Government (Wales) Act 1994, in Schedule 16,...

          5. Local Government etc.(Scotland) Act 1994 (c.39)

             1. 8. In the Local Government etc. (Scotland) Act 1994, in Schedule...

          6. Water Industry (Scotland) Act 2002 (asp 3)

             1. 9. In the Water Industry (Scotland) Act 2002, in schedule 7,...

       3. Part 3

          1. Sea fisheries

          2. Sea Fisheries Act 1968

             1. 10. In the Sea Fisheries Act 1968 (c.77), in section 15...

          3. Fisheries Act 1981

             1. 11. (1) The Fisheries Act 1981 (c.29) is modified as follows....

          4. Sea Fish (Conservation) Act 1992

             1. 12. In the Sea Fish (Conservation) Act 1992 (c.60), paragraph (b)...

          5. Criminal Justice and Public Order Act 1994

             1. 13. In the Criminal Justice and Public Order Act 1994 (c.33),...

    5. SCHEDULE 5

       Index