- Enforced by
- Crown Estate Scotland, NatureScot, HES
- Status
- In Force
- Penalty ceiling
- Imprisonment 7 of 86 obligations carry an unlimited fine. 5 carry different penalties and 74 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 66 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2684 other Acts
Applicant — also bound by 325 other Acts
Licence Holder — also bound by 245 other Acts
Director or Officer — also bound by 482 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
The Scottish marine area
0 of 2 sections shown2 other sections in this Part — procedural and definitional
General duties
2 of 2 sections shownOther duties (1) — Crown / regulator
- Ministers and public authorities must further sustainable developmentCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Act to mitigate and adapt to climate change in marine functionsCrown / Minister / Government department
Marine planning
6 of 15 sections shownOther duties (1) — Crown / regulator
- Scottish Ministers must prepare a national marine plan with climate and sustainability objectivesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must keep marine planning matters under reviewCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publish section 12 directionsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consult on and publish directions to marine planning delegatesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Public authorities must follow marine plans in Scottish marine decisionsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must monitor and report on marine plan implementationCrown / Minister / Government department
9 other sections in this Part — procedural and definitional
Marine licensing
17 of 47 sections shown- Get a marine licence before carrying on licensable marine activitiesAny Person
- Give pre-application notice before submitting a marine licence applicationApplicant
- Prepare pre-application consultation report for marine licenceAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must publish notice of marine licence applicationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consider statutory factors when deciding marine licencesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must decide marine licence applicationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must notify and hear licence holders before changing licencesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must not issue licence without compensation arrangementsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must grant marine licences for exempt submarine cablesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must create marine licence appeal rightsCrown / Minister / Government department
- Carry out unlicensed marine activity or breach licence conditionAny Person
Unlimited fine
- Give false information for a marine licenceAny Person
Unlimited fine
- Fail to comply with a compliance or remediation noticeAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Scottish Ministers must maintain a public register of marine licensing informationCrown / Minister / Government department
- Stop activity named in a marine stop noticeLicence Holder
- Comply with emergency safety noticesAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must create sheriff appeal rights for marine noticesCrown / Minister / Government department
30 other sections in this Part — procedural and definitional
Marine protection and enhancement: the Scottish marine protection area
22 of 43 sections shownOther duties (1) — Crown / regulator
- Scottish Ministers must publish and apply MPA designation criteriaCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must assess whether MPA conservation objectives are being metCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publicise and consult before designating MPAsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publicise designation orders and provide copiesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must designate MPAs to form a conservation networkCrown / Minister / Government department
Other duties (1) — Crown / regulator
- NatureScot must provide MPA advice when a public authority requests itStatutory regulator
Other duties (1) — Crown / regulator
- Public authorities must safeguard MPAs and notify Ministers of significant risksCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Public authorities must safeguard Marine Protected Areas when deciding authorisationsStatutory regulator
Other duties (1) — Crown / regulator
- Public authorities must explain failures to comply with MPA duties when askedCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consult and publish draft marine conservation ordersCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publicise urgent marine conservation orders and review needCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publicise marine conservation orders and provide copiesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must assess impacts of marine conservation order restrictionsCrown / Minister / Government department
- Breach a marine conservation orderAny Person
Unlimited fine
- Damage protected features of a Nature Conservation MPAAny Person
Unlimited fine
- Damage or disturb marine historic assets in a Historic MPAAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Relevant authorities must review and update marine management schemes every 5 yearsStatutory regulator
Other duties (1) — Crown / regulator
- Consult SNH and send scheme copies to Scottish Ministers and SNHCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must report to Parliament on Marine Protected AreasCrown / Minister / Government department
21 other sections in this Part — procedural and definitional
Conservation of seals
24 of 24 sections shown- Kill, injure or take a live sealAny Person
- You must report any seal killed, injured or taken under the welfare exceptionAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must specify methods and check competence for seal licencesCrown / Minister / Government department
- Comply with all conditions on your seal licenceAny Person
- Send your seal licence report to Scottish Ministers within 10 daysAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must consult UKRI and get NatureScot consent before seal licencesCrown / Minister / Government department
- Intentionally or recklessly harass a seal at a haul-out siteAny Person
Other duties (1) — Crown / regulator
- Consult on and publish seal conservation area designationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Must not grant seal licences in conservation areas unless tests metCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Authorised persons must show evidence of authority when askedStatutory regulator
- Obstruct an authorised personAny Person
Other duties (1) — Crown / regulator
- Scottish Ministers must consider UKRI advice on seal populationsCrown / Minister / Government department
- Commit any listed offence under Marine (Scotland) Act 2010Any Person
5 years imprisonment · amended 3 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Scottish Ministers must review and publish seal licensing reports every 5 yearsCrown / Minister / Government department
Common enforcement powers etc.: licensing and marine protection etc.
25 of 27 sections shownOther duties (1) — Crown / regulator
- Marine enforcement officer must show proof of authority before using enforcement powersStatutory regulator
Other duties (1) — Crown / regulator
- Enforcement officers must state name, power and grounds when askedStatutory regulator
- Fail to comply with or obstruct a marine enforcement officerAny Person
Unlimited fine · amended 1 time (opens in a new tab)
2 other sections in this Part — procedural and definitional
Sea fisheries
4 of 4 sections shownGeneral provisions
4 of 7 sections shown- Consent, connive, or neglect duties in corporate marine offenceDirector or Officer
3 other sections in this Part — procedural and definitional
Schedules
24 of 50 shownOther duties (1) — Crown / regulator
- Scottish Ministers must give notice before preparing marine plansCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consider consultation responses on marine plan draftsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consider independent review of draft marine planCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consider recommendations when settling marine plansCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must lay draft marine plan and respond to ParliamentCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Publish adopted marine plans and lay national plans before ParliamentCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must make regional marine plans compatible with adjoining plansCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publish a participation statement before marine plansCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must include timetable and representation rules in SPPCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must keep SPPs under review and publish revisionsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must have regard to specified matters when preparing marine plansCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Publish and publicise marine plan consultation draftsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publish guidance on enforcement when civil sanctions are introducedCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must require civil sanction reports to be publishedCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must prevent double jeopardy in fixed penalty regulationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must prevent further enforcement after a monetary penaltyCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must prevent double penalties in marine enforcement regulationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must not impose further penalty after fixed penalty noticeCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must consult before making marine ordersCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must publish, consult on and follow civil sanctions guidanceCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Return executed or expired marine enforcement warrants to the courtStatutory regulator
Other duties (1) — Crown / regulator
- State grounds and sworn evidence when applying for warrant to enter dwellingStatutory regulator
Other duties (1) — Crown / regulator
- Execute warrants within 3 months and at a reasonable timeStatutory regulator
Other duties (1) — Crown / regulator
- Marine enforcement officers must identify themselves and leave warrant copy when entering dwellingsStatutory regulator
26 other schedules
1 other provision
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.