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Marine and Coastal Access Act 2009, Section 73A is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section.
(2)The grounds are that—
(a)the decision is not within the powers of the Scottish Ministers under this Part,
(b)one or more of the relevant requirements have not been complied with in relation to the decision.
(3)This section applies to—
(a)a decision to cause, or not to cause, an inquiry to be held under section 70(1) in connection with the Scottish Ministers’ determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and
(b)a decision under section 71 in relation to an application for a marine licence to carry on such an activity.
(4)An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
(5)On an application under this section, the Inner House of the Court of Session—
(a)may suspend the decision until the final determination of the proceedings,
(b)may quash the decision either in whole or in part if satisfied that—
(i)the decision in question is not within the powers of the Scottish Ministers under this Part, or
(ii)the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6)In this section—
“generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations) which falls (or would fall) to be granted by the Scottish Ministers;
“the relevant requirements”, in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.]
Textual Amendments
F1Ss. 73A, 73B inserted (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 9(3)
Modifications etc. (not altering text)
C1Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)
C2S. 73A excluded (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 9(3)
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