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Marine (Scotland) Act 2010

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Marine (Scotland) Act 2010. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1 – the Scottish Marine Area

      1. Section 1 - The “Scottish marine area”

      2. Section 2 - “Sea”

    2. Part 2 – General Duties

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

      2. Section 4 – Mitigation of and adaptation to climate change

    3. Part 3 – Marine Planning

      1. Marine Plans

        1. Section 5 - National marine plan and regional marine plans

        2. Section 6 - Conformity of marine plans with other documents

        3. Section 7 - Coming into effect of marine plans

        4. Section 8 - Amendment of marine plans

        5. Section 9 - Withdrawal of marine plans

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

        7. Section 11 - Duty to keep relevant matters under review

      2. Delegation of functions relating to regional marine plans

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

        2. Section 13 - Directions under section 12:  supplementary provision

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

      3. Decisions of public authorities affected by a marine plan

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

      4. Monitoring and reporting

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

      5. Validity of marine plans

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

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

      6. Interpretation of Part 3

        1. Section 19 - Interpretation of Part 3

    4. Part 4 – Marine Licensing

      1. Requirement for licence

        1. Section 20 - Requirement for licence

      2. Licensable marine activities

        1. Section 21 - Licensable marine activities

      3. Pre-application consultation

        1. Section 22 – Pre-application consultation: preliminary

        2. Section 23 – Pre-application consultation: compliance

        3. Section 24 – Pre-application consultation report

      4. Licences

        1. Section 25 - Application for licence

        2. Section 26 - Notice of applications

        3. Section 27 - Determination of applications

        4. Section 28 - Inquiries

        5. Section 29 - Grant or refusal of licence

        6. Section 30 - Variation, suspension, revocation and transfer

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

      5. Exemptions from licensing requirements

        1. Section 32 - Exemptions specified by order

        2. Section 33 - Activities below specified threshold of environmental impact

        3. Section 34 - Oil and gas, defence or pollution

      6. Special provision for certain cases

        1. Section 35 - Special procedure for applications relating to certain electricity work

        2. Section 36 - Electronic communications apparatus

        3. Section 37 – Submarine cables

      7. Appeals against licensing decisions

        1. Section 38 - Appeals against licensing decisions

      8. Offences

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

        2. Section 40 - Defences: action taken in an emergency

        3. Section 41 - Defences:  electronic communications: emergency works

        4. Section 42 - Offence relating to information

      9. Enforcement notices

        1. Section 43 - Compliance notice

        2. Section 44 - Remediation notice

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

      10. Civil sanctions

        1. Section 46 - Fixed monetary penalties

        2. Section 47 - Fixed monetary penalties: procedure

        3. Section 48 - Variable monetary penalties

        4. Section 49 - Variable monetary penalties: procedure

        5. Section 50 - Further provision about civil sanctions

      11. Delegation

        1. Section 51 - Delegation of functions relating to marine licensing

        2. Section 52 - Orders under section 51:  supplementary provisions

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

      12. Register of licensing information

        1. Section 54 - Register of licensing information

      13. Stop notices and emergency safety notices

        1. Section 55 - Notice to stop activity causing serious harm

        2. Section 56 - Further provision as to stop notices

        3. Section 57 - Emergency safety notices

        4. Section 58 - Further provision as to emergency safety notices

      14. Other powers

        1. Section 59 - Power to take remedial action

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

      15. Appeals against notices under this Part

        1. Section 61 - Appeals against notices

      16. Offences:  supplementary provision

        1. Section 62 - General defence of due diligence

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

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

      18. Interpretation of Part 4

        1. Section 64 - Interpretation of Part 4

    5. Part 5 – Marine Protection and Enhancement:  the Scottish Marine Protection Area

      1. The Scottish marine protection area

        1. Section 65 - The Scottish marine protection area

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

      2. Designation of marine protected areas

        1. Section 67 - Marine protected areas

      3. Nature Conservation MPAs

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

        2. Section 69 - Nature Conservation MPAs: further provision

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

      4. Demonstration and Research MPAs

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

        2. Section 72 - Demonstration and Research MPAs: further provision

      5. Historic MPAs

        1. Section 73 - Historic MPAs: additional requirements

      6. Amendment or revocation of designation orders

        1. Section 74 - Amendment or revocation of designation orders

      7. Consultation, urgent designation, representations

        1. Section 75 - Publicity and consultation before designation

        2. Section 76 - Publicity in relation to designation orders

        3. Section 77 - Urgent designation

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

      8. Duties relating to network

        1. Section 79 – Creation of network of conservation sites

      9. Advice as regards protection of certain marine areas

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

        2. Section 81 - Advice and guidance by the Scottish Ministers as regards MPAs

      10. General duties of public authorities

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

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

        3. Section 84 - Failure to comply with duties

      11. Marine conservation orders

        1. Section 85 - Marine conservation orders

        2. Section 86 - Example provisions for marine conservation orders

        3. Section 87 - Procedure for marine conservation orders

        4. Section 88 - Urgent orders

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

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

        7. Section 91 - Duty to assess impact of prohibition or restriction

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

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

        2. Section 93 - Delegation of issuing permits or authorisations

      13. Offences

        1. Section 94 - Offences: contravening a marine conservation order

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

        3. Section 96 - Offences relating to marine historic assets

        4. Section 97 - Exception to offences under section 94, 95 or 96

        5. Section 98 - Prohibited act taken in an emergency

      14. Marine management schemes

        1. Section 99 - Marine management schemes

        2. Section 100 - Review of schemes

        3. Section 101 - Marine management schemes: consultation

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

      15. Reports to Parliament

        1. Section 103 - Reports to Parliament

      16. Licences granted under Wildlife and Countryside Act 1981

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

      17. Penalties in regulations implementing Habitats Directive

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

      18. Interpretation of Part 5

        1. Section 106 - Interpretation of Part 5

    6. Part 6 – Conservation of Seals

      1. Offence:  killing, injuring or taking seals

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

        2. Section 108 - Exceptions:  alleviating suffering

        3. Section 109 - Exceptions:  licensed activity

      2. Seal licences

        1. Section 110 - Seal licenses

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

        3. Section 112 - Seal licence conditions

        4. Section 113 – Seal licence reports

        5. Section 114 - Variation or revocation of seal licence

        6. Section 115 - Seal licence fees

        7. Section 116 - Consultation and consent

        8. Section 117 – Offence: harassment at haul-out sites

      3. Seal conservation areas

        1. Section 118 - Seal conservation areas

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

      4. Authorisations to enter land

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

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

        3. Section 122 - Duty to notify occupier

        4. Section 123 - Duty to produce authority

        5. Section 124 - Obstructing an authorised person

      5. Supplementary

        1. Section 125 - Advice on seal population

        2. Section 126 - Police powers:  search and seizure

        3. Section 127 - Forfeiture

        4. Section 128 - Penalties

        5. Section 129 – Duty to review seal licensing regime

        6. Section 130 - Repeal

    7. Part 7 – Common Enforcement Powers Etc.: Licensing and Marine Protection Etc.

      1. Powers of marine enforcement officers

        1. Section 131 - Enforcement of marine licensing regime

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

      2. The common enforcement powers

        1. Section 133 - The “common enforcement powers”

      3. Common enforcement powers of entry, search and seizure

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

        2. Section 135 - Power to enter and inspect premises

        3. Section 136 - Power to enter and inspect vehicles

        4. Section 137 - Dwellings

        5. Section 138 - Powers of search, examination,

        6. Section 139 - Power to require production of documents,

        7. Section 140 - Powers of seizure,

        8. Section 141 - Further provision about seizure

        9. Section 142 - Retention of seized items

      4. Miscellaneous and ancillary common enforcement powers

        1. Section 143 - Power to record evidence of offences

        2. Section 144 - Power to require name and address

        3. Section 145 - Power to require production of licence,

        4. Section 146 - Power to require attendance of certain persons

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

        6. Section 148 - Assistance,

        7. Section 149 - Power to use reasonable force

      5. Licensing: further enforcement powers

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

      6. Duties of marine enforcement officers

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

        2. Section 152 - Duty to state name and purpose,

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

      7. Liability of marine enforcement officers

        1. Section 154 - Liability of marine enforcement officers

      8. Offences in relation to marine enforcement officers

        1. Section 155 - Offences in relation to marine enforcement officers

      9. General

        1. Section 156 - General

      10. Interpretation of Part 6

        1. Section 157 - Interpretation of Part 7

    8. Part 8 Sea Fisheries

      1. Chapter 1: The Sea Fish (Conservation) Act 1967

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

          1. Regulation of nets and other fishing gear

          2. Grant of licences subject to conditions imposed for environmental purposes

          3. Power to restrict fishing for sea fish

          4. Penalties for offences

          5. Offences by directors, partners,

          6. Minor and consequential amendments

        2. Section 159 - Modification of Section 22A of the Sea Fish (Conservation) Act 1967

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

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

    9. Part 9 – General Provisions

      1. Section 162 - Crown application

      2. Section 163 - Offences by bodies corporate

      3. Section 164 - Ancillary provision

      4. Section 165 - Orders and regulations

      5. Section 166 - Interpretation: general

      6. Section 167 - Consequential modifications

      7. Section 168 - Commencement and short title

    10. Schedule 1 – Preparation, Adoption Etc. of Marine Plans Or Any Amendment

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

      2. Interpretation

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

      4. Statement of public participation

      5. Further provision about content of an

      6. Review and revision of an

      7. Advice and assistance

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

      9. Preparation and publication of a consultation draft

      10. Representations about a consultation draft

      11. Independent investigation

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

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

      14. Adoption and publication of marine plan

    11. Schedule 2 – Further Provision about Civil Sanctions under Part 4 (Marine Licensing)

      1. Interpretation

      2. Fixed monetary penalties: other sanctions

      3. Variable monetary penalties: other sanctions

      4. Combination of sanctions

      5. Monetary penalties

      6. Recovery of expenses

      7. Appeals

      8. Consultation

      9. Guidance as to use of civil sanctions

      10. Guidance as to enforcement of offences

      11. Publication of enforcement action

      12. Disclosure of information

    12. Schedule 3 – Warrants Issued under Section 122

    13. Schedule 4 – Consequential Modifications

      1. Part 1 - Marine Licensing

      2. Part 2 - Marine Protection and Enhancement: the Scottish Marine Protection Area

      3. Part 3 – Sea Fisheries

    14. Schedule 5 – Index

  3. Parliamentary History

  • Explanatory Notes Table of contents

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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.

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