Marine (Scotland) Act 2010

SCHEDULE 1Preparation, adoption etc. of marine plans or any amendment

(introduced by sections 5(1) and 8(2))

Scottish Ministers to notify decision to prepare any marine plan

1(1)Where the Scottish Ministers decide to prepare a national marine plan they must, before beginning to prepare the plan, give notice of their intention to do so—

(a)to any planning authority the district of which adjoins the Scottish marine area,

(b)to the Secretary of State,

(c)to the Department of the Environment in Northern Ireland.

(2)Where the Scottish Ministers decide to prepare a regional marine plan they must, before beginning to prepare the plan, give notice of their intention to do so—

(a)to any planning authority the district of which adjoins the Scottish marine region to which the plan is to apply,

(b)where the Scottish marine region to which the plan is to apply adjoins the area of sea within the seaward limits of the territorial sea of the United Kingdom adjacent to England, to the Secretary of State,

(c)where the Scottish marine region to which the plan is to apply adjoins the area of sea within the seaward limits of the territorial sea of the United Kingdom adjacent to Northern Ireland, to the Department of the Environment in Northern Ireland.

(3)In this paragraph—

• “adjacent to England” and “adjacent to Northern Ireland”, in relation to areas of sea within the seaward limits of the territorial sea of the United Kingdom, are to be construed in accordance with subsections (4) to (9) of section 322 of the 2009 Act,

• “planning authority” and “the district” of a planning authority have the same meaning as in section 1(1) of the Town and Country Planning (Scotland) Act 1997 (c.8).

Interpretation

2In this schedule—

• “consultation draft” is to be read in accordance with paragraph 9,

• “interested persons” means—

  (a)

  any persons appearing to the Scottish Ministers to be likely to be interested in, or affected by, policies proposed to be included in the national marine plan or (as the case may be) the regional marine plan,

  (b)

  members of the general public,

• “SPP” means a statement of public participation under paragraph 4 and includes an SPP revised under paragraph 6.

Regional marine plans to be compatible with certain other plans

3(1)In preparing or amending a regional marine plan for a Scottish marine region (“area A”), the Scottish Ministers must take all reasonable steps to secure that the plan is compatible with any regional marine plan for any Scottish marine region which adjoins area A.

(2)They must also take all reasonable steps to secure that any regional marine plan is compatible with the development plan for any area which adjoins area A.

(3)In this paragraph, “development plan” is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997.

Statement of public participation

4(1)Before preparing a national marine plan or a regional marine plan, the Scottish Ministers must prepare and publish a statement of public participation in relation to each such category of plan (an “SPP”).

(2)An SPP is a statement of the policies settled by the Scottish Ministers as to when consultation is likely to take place and with whom, its likely form, and the steps to be taken to involve the general public in the stages of preparation or review of the proposed national marine plan or (as the case may be) the proposed regional marine plan.

(3)An SPP must invite the making of representations in accordance with it as to matters to be included in the proposed marine plan.

(4)The Scottish Ministers must publish an SPP in such manner as they consider is most likely to bring it to the attention of interested persons.

(5)The Scottish Ministers must take all reasonable steps to comply with an SPP.

Further provision about content of an SPP

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

(2)The proposed timetable must include such provision as the Scottish Ministers consider reasonable for each of the following—

(a)the preparation and publication of a consultation draft under paragraph 9,

(b)the making of representations about the consultation draft,

(c)the settling of the text of a national marine plan or (as the case may be) a regional marine plan with a view to adoption and publication under paragraph 14,

(d)laying a draft of a proposed national marine plan before the Parliament under paragraph 13,

(e)the adoption and publication of a national marine plan or (as the case may be) a regional marine plan under paragraph 14.

(3)An SPP may include provision for or in connection with the holding of public meetings about a consultation draft.

(4)An SPP must include provision about the making of—

(a)representations in response to the invitation issued under paragraph 4(3) about the matters to be included in a proposed national marine plan or (as the case may be) a proposed regional marine plan,

(b)representations under paragraph 10 about a consultation draft.

(5)Provision to be made under sub-paragraph (4) includes provision about—

(a)the manner in which representations may be made,

(b)the time within which representations must be made.

Review and revision of an SPP

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

(2)If at any time the Scottish Ministers consider it necessary or expedient to revise an SPP they must do so.

(3)Where the Scottish Ministers revise an SPP they must publish the SPP as revised.

Advice and assistance

7(1)In connection with the preparation of a national marine plan or (as the case may be) a regional marine plan, or of any proposals for any such plan, the Scottish Ministers may seek advice or assistance from any body or person in relation to any matter in which the body or person has particular expertise.

(2)The steps that the Scottish Ministers may take for the purposes of facilitating the involvement of interested persons in—

(a)the development of proposals for inclusion in a proposed national marine plan or regional marine plan,

(b)consultation in connection with such proposals,

include the convening of groups of persons for such purposes and in such manner as the Scottish Ministers consider appropriate.

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

8(1)The matters to which the Scottish Ministers are to have regard in preparing—

(a)a national marine plan include the matters in sub-paragraph (2),

(b)a regional marine plan include the matters in sub-paragraph (3).

(2)The matters, as regards a national marine plan, are—

(a)the requirement under section 6(1) for a national marine plan to be in conformity with any marine policy statement currently in effect for the Scottish marine area unless relevant considerations indicate otherwise,

(b)the effect which any proposal for inclusion in the plan is likely to have on any area which adjoins the Scottish marine area,

(c)the results of the review required by section 11,

(d)the SPP relating to preparation of the plan,

(e)any representations made in response to the invitation issued in pursuance of paragraph 4(3),

(f)any advice received in pursuance of paragraph 7(1),

(g)any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast or of marine or coastal resources, in the Scottish marine area or in any adjoining or adjacent area in the United Kingdom or the UK marine area,

(h)the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c.55),

(i)such other matters as the Scottish Ministers consider relevant.

(3)The matters, as regards a regional marine plan, are—

(a)the requirement under section 6(1) for a regional marine plan to be in conformity with any marine policy statement currently in effect for the Scottish marine area unless relevant considerations indicate otherwise,

(b)the requirement under section 6(2) for a regional marine plan to be in conformity with any national marine plan currently in effect, unless relevant considerations indicate otherwise,

(c)the effect which any proposal for inclusion in the plan is likely to have on any area which adjoins the Scottish marine region to which the plan is to apply,

(d)the results of the review required by section 11,

(e)the SPP relating to the plan,

(f)any representations made in response to the invitation issued in pursuance of paragraph 4(3),

(g)any advice received under paragraph 7(1),

(h)any plan (not falling within paragraph 3(1) or (2)) prepared by a public or local authority in connection with the management or use of the sea or the coast, or of marine or coastal resources, in the Scottish marine region to which the plan is to apply or in any adjoining or adjacent area in the United Kingdom or the UK marine area,

(i)the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961,

(j)such other matters as Scottish Ministers consider relevant.

Preparation and publication of a consultation draft

9(1)The Scottish Ministers must publish in such manner as they consider appropriate a draft containing their proposals for inclusion in a national marine plan or (as the case may be) a regional marine plan (a “consultation draft”).

(2)The Scottish Ministers must also take such steps as they consider appropriate to secure that the proposals contained in a consultation draft are brought to the attention of interested persons.

Representations about a consultation draft

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

(2)Any such representations are to be made in accordance with the SPP applicable to the draft.

(3)If any representations are made about a consultation draft, the Scottish Ministers must consider them in the course of settling the text of the national marine plan or (as the case may be) the regional marine plan with a view to adoption and publication under paragraph 14.

Independent investigation

11(1)Where the Scottish Ministers have published a consultation draft in accordance with paragraph 9, they must consider appointing an independent person to investigate the proposals contained in the draft and to report on them.

(2)In deciding whether to appoint such a person, the Scottish Ministers must have regard to—

(a)any representations received about the matters to be included in the proposed national marine plan or (as the case may be) the proposed regional marine plan in response to the invitation issued in pursuance of paragraph 4(3),

(b)any representations received about the proposals published in the consultation draft,

(c)such other matters as Scottish Ministers consider relevant.

(3)The person so appointed must—

(a)make recommendations,

(b)give reasons for the recommendations.

(4)The Scottish Ministers must publish the recommendations and the reasons given for them in the report.

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

12The Scottish Ministers, in settling the text of a national marine plan or (as the case may be) a regional marine plan with a view to adoption and publication under paragraph 14, must have regard to—

(a)any recommendations made by any person appointed under paragraph 11,

(b)the reasons given by any such person for any such recommendations,

(c)such other matters as the Scottish Ministers consider relevant.

Laying settled text of draft national marine plan before the Parliament

13(1)The Scottish Ministers must not adopt a national marine plan unless they have complied with the requirements of this paragraph.

(2)The Scottish Ministers must lay before the Parliament a copy of the draft plan containing the text settled in accordance with paragraph 12.

(3)If, during the period for Parliamentary consideration the Parliament passes a resolution with regard to the draft, the Scottish Ministers must lay before the Parliament a statement setting out their response to the resolution.

(4)In this paragraph, “the period for Parliamentary consideration” means the period of 40 days beginning on the day on which a copy of the draft plan is laid before the Parliament under sub-paragraph (2); and in reckoning that period no account is to be taken of any time during which the Parliament is—

(a)dissolved,

(b)in recess for more than 4 days.

Adoption and publication of marine plan

14(1)A national marine plan or (as the case may be) a regional marine plan is adopted by the Scottish Ministers when they decide to publish the plan.

(2)A national marine plan which the Scottish Ministers decide to publish may be—

(a)the same as the draft laid before the Parliament under paragraph 13,

(b)that draft with such modifications as the Scottish Ministers consider appropriate.

(3)A regional marine plan which the Scottish Ministers decide to publish may be—

(a)the same as the proposals published in the consultation draft relating to it, or

(b)those proposals with such modifications as the Scottish Ministers consider appropriate.

(4)Where the Scottish Ministers adopt a national marine plan or a regional marine plan, they must publish it as soon as reasonably practicable after its adoption, together with statements of each of the following—

(a)any modifications that have been made to the proposals published in the consultation draft for the plan,

(b)the reasons for those modifications,

(c)if any recommendations made by any independent person appointed under paragraph 11 have not been implemented in the plan, the reasons why any such recommendations have not been implemented,

(d)if any matter in a resolution of the Parliament in pursuance of paragraph 13 has not been implemented in a national marine plan published under this paragraph, the reasons why any such matter has not been implemented.

(5)The Scottish Ministers must lay a copy of the adopted national marine plan before the Parliament as soon as is reasonably practicable after the plan’s adoption.