C1Part 4Marine licensing
Enforcement notices
I1C243Compliance notice
1
If it appears to the Scottish Ministers that subsection (3) is satisfied in relation to a person carrying on an activity, they may issue a compliance notice to that person.
2
A compliance notice is a notice requiring a person to take such steps (falling within subsection (4)(b)) as are specified in it.
3
This subsection is satisfied if—
a
a person holding a marine licence—
i
has carried on, or is carrying on, a licensable marine activity under the licence,
ii
in carrying on that activity has failed, or is failing, to comply with a condition of the licence, and
b
the carrying on of the activity has not caused, and is not likely to cause, any of the following—
i
serious harm to the environment,
ii
serious harm to human health,
iii
serious interference with legitimate uses of the sea.
4
A compliance notice must—
a
state the Scottish Ministers' grounds for believing that subsection (3) is satisfied,
b
require the person to take such steps as the Scottish Ministers consider appropriate to ensure that the condition in question is complied with,
c
state the period before the end of which those steps must be taken.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.