(This note is not part of the Order)
This Order makes provision in consequence of the Marine (Scotland) Act 2010 (“the 2010 Act”).
The 2010 Act empowers the Scottish Ministers to adopt marine plans applicable to Scottish inshore waters and to designate marine protected areas in those waters. This Order allows the Secretary of State to give a direction in relation to a 2010 Act marine plan or marine protected area. If such a direction is given, the relevant 2010 Act provisions will, in relation to the plan or area in question, apply also to public authorities exercising functions which are reserved in terms of the Scotland Act 1998 (articles 3 and 4).
Article 5 requires the Natural Environment Research Council to provide the Scottish Ministers with advice on the management of seal populations.
The 2010 Act gives marine enforcement officers appointed by the Scottish Ministers powers of enforcement in Scotland (including in Scottish inshore waters). The powers relate to enforcement of the marine licensing regime in Part 4 of the 2010 Act and of the marine protection and nature conservation legislation specified in section 132 of that Act. This Order provides for those powers also to be exercisable outside of Scotland in certain circumstances (articles 6 to 10).