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

Demonstration and Research MPAs

I171Demonstration and Research MPAs: additional requirements relating to designation

1

An area may be designated by a designation order as a Demonstration and Research MPA if the Scottish Ministers consider it desirable to do so for any of the following purposes—

a

demonstration of sustainable methods of marine management or exploitation,

b

research into such matters.

2

The order must state—

a

whether it is for the purpose of demonstration or research, or both,

b

the method or methods of marine management or exploitation to be demonstrated or researched.

3

In considering whether to designate an area, the Scottish Ministers may—

a

have regard in particular to the views of any relevant delegate as to the desirability of demonstrating or researching sustainable methods of marine management or exploitation in the area,

b

have regard to any social or economic consequences of designation.

4

For the purposes of subsection (3)(a), a “relevant delegate” means any delegate designated in a direction under section 12(1)(b) to exercise functions in relation to a regional marine plan for the Scottish marine region in which any part of the proposed Demonstration and Research MPA lies.

I272Demonstration and Research MPAs: further provision

1

A designation order designating an area as a Demonstration and Research MPA—

a

must identify the area's boundaries,

b

may provide for a boundary to be determined by, or by reference to, mean high water spring tide.

2

A Demonstration and Research MPA may include (in addition to an area of sea referred to in section 67(1)) an area of seashore lying above mean high water spring tide if—

a

the area of seashore adjoins the area of sea, and

b

the inclusion of the area of seashore is necessary to further or support the purpose for which the area of sea is designated.