| Guvnor

Enforced by: Crown Estate Scotland, NatureScot, HES
Status: In Force

What it defines

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.

Part 1

The Scottish marine area

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 The “Scottish marine area”

s.002 “Sea”

Part 2

General duties

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.003 Sustainable development and protection and enhancement of the health of the Scottish marine area

s.004 Mitigation of and adaptation to climate change

Part 3

Marine planning

0 of 15 sections shown

15 other sections in this Part — procedural and definitional

s.005 National marine plan and regional marine plans

s.006 Conformity of marine plans with other documents

s.007 Coming into effect of marine plans

s.008 Amendment of marine plans

s.009 Withdrawal of marine plans

s.010 Effect of withdrawal from or of marine policy statement or of national marine plan

s.011 Duty to keep relevant matters under review

s.012 Delegation of functions relating to regional marine plans

s.013 Directions under section 12: supplementary provision

s.014 Directions to delegates as regards performance of designated functions

s.015 Decisions of public authorities affected by marine plans

s.016 Monitoring of and periodical reporting on implementation of marine plans

s.017 Validity of national marine plans and regional marine plans

s.018 Powers of the Court of Session on an application under section 17

s.019 Interpretation of Part 3

Part 4

Marine licensing

0 of 47 sections shown

47 other sections in this Part — procedural and definitional

s.020 Requirement for licence

s.021 Licensable marine activities

s.022 Pre-application consultation: preliminary

s.023 Pre-application consultation: compliance

s.024 Pre-application consultation report

s.025 Application for licence

s.026 Notice of applications

s.027 Determination of applications

s.028 Inquiries

s.029 Grant or refusal of licence

s.030 Variation, suspension, revocation and transfer

s.031 Pre-variation, suspension or revocation procedure

s.032 Exemptions specified by order

s.033 Activities below specified threshold of environmental impact

s.034 Oil and gas, defence or pollution

s.035 Special procedure for applications relating to certain electricity works

s.036 Electronic communications apparatus

s.037 Submarine cables

s.038 Appeals against licensing decisions

s.039 Breach of requirement for, or conditions of, licence

s.040 Defences: action taken in an emergency

s.041 Defences: electronic communications: emergency works

s.042 Offences relating to information

s.043 Compliance notice

s.044 Remediation notice

s.045 Further provision as to compliance and remediation notices

s.046 Fixed monetary penalties

s.047 Fixed monetary penalties: procedure

s.048 Variable monetary penalties

s.049 Variable monetary penalties: procedure

s.050 Further provision about civil sanctions

s.051 Delegation of functions relating to marine licensing

s.052 Orders under section 51: supplementary provisions

s.053 Directions to delegates as regards the performance of the marine licensing designated functions

s.054 Register of licensing information

s.055 Notice to stop activity causing serious harm

s.056 Further provision as to stop notices

s.057 Emergency safety notices

s.058 Further provision as to emergency safety notices

s.059 Power to take remedial action

s.060 Power to test and charge for testing certain substances

s.061 Appeals against notices

s.062 General defence of due diligence

s.063 Power by order to provide marine fish farming is not “development”

s.063 Proceedings for questioning certain decisions under sections 28 and 29

s.063 Applications under section 63A: requirement for permission

s.064 Interpretation of Part 4

Part 5

Marine protection and enhancement: the Scottish marine protection area

6 of 43 sections shown

s.100 Review of schemes

amended 1 time (opens in a new tab)

s.101 Marine management schemes: consultation etc.

amended 1 time (opens in a new tab)

s.102 Directions as to making, amending or revocation of schemes

amended 1 time (opens in a new tab)

s.103 Reports to Parliament

amended 1 time (opens in a new tab)

s.104 Grant of certain licences under Wildlife and Countryside Act 1981

amended 2 times (opens in a new tab)

s.105 Penalties in regulations implementing the Habitats Directive for the Scottish marine area

amended 2 times (opens in a new tab)

37 other sections in this Part — procedural and definitional

s.065 The Scottish marine protection area

s.066 “

s.067 Marine protected areas

s.068 Nature Conservation MPAs: additional requirements relating to designation

s.069 Nature Conservation MPAs: further provision

s.070 Nature Conservation MPAs: assessment of achievement of stated objectives

s.071 Demonstration and Research MPAs: additional requirements relating to designation

s.072 Demonstration and Research MPAs: further provision

s.073 Historic MPAs: additional requirements etc.

s.074 Amendment or revocation of designation orders

s.075 Publicity and consultation etc. before designation

s.076 Publicity in relation to designation orders

s.077 Urgent designation

s.078 Representations and hearing in relation to proposed designation order

s.079 Creation of network of conservation sites

s.080 Advice etc. by Scottish Natural Heritage as regards Nature Conservation MPAs and Demonstration and Research MPAs

s.080 Advice etc. by Historic Environment Scotland as regards Historic MPAs

s.081 Advice and guidance by the Scottish Ministers as regards MPAs

s.082 Duties of public authorities in relation to marine protected areas etc.

s.083 Duties of public authorities in relation to certain decisions

s.084 Failure to comply with duties

s.085 Marine conservation orders

s.086 Example provisions for marine conservation orders

s.087 Procedure for marine conservation orders

s.088 Urgent orders

s.089 Publicity in relation to marine conservation orders and urgent continuation orders

s.090 Representations and hearings in relation to proposed marine conservation orders etc.

s.091 Duty to assess impact of prohibition or restriction of activities

s.092 Authorisation of things prohibited, regulated etc. by a marine conservation order

s.093 Delegation of issuing permits or authorisations

s.094 Offences: contravening a marine conservation order

s.095 Offences relating to protected features of a Nature Conservation MPA

s.096 Offences relating to marine historic assets

s.097 Exceptions to offences under section 94, 95 or 96

s.098 Prohibited act taken in an emergency

s.099 Marine management schemes

s.106 Interpretation of Part 5

Part 6

Conservation of seals

24 of 24 sections shown

s.107 Offence: killing, injuring or taking seals

amended 1 time (opens in a new tab)

s.108 Exceptions: alleviating suffering

amended 1 time (opens in a new tab)

s.109 Exceptions: licensed activity

amended 1 time (opens in a new tab)

s.110 Seal licences

amended 5 times (opens in a new tab)

s.111 Methods of killing or taking seals under seal licence

amended 1 time (opens in a new tab)

s.112 Seal licence conditions

amended 1 time (opens in a new tab)

s.113 Seal licence reports

amended 1 time (opens in a new tab)

s.114 Variation or revocation of seal licence

amended 1 time (opens in a new tab)

s.115 Seal licence fees

amended 1 time (opens in a new tab)

s.116 Consultation and consent

amended 2 times (opens in a new tab)

s.117 Offence: harassment at haul-out sites

amended 2 times (opens in a new tab)

s.118 Seal conservation areas

amended 2 times (opens in a new tab)

s.119 Effect of seal conservation area status: licensing decisions

amended 1 time (opens in a new tab)

s.120 Power to enter land to obtain information about seals

amended 2 times (opens in a new tab)

s.121 Power to enter land to protect fisheries or fish farms from seals

amended 3 times (opens in a new tab)

s.122 Duty to notify occupier

amended 2 times (opens in a new tab)

s.123 Duty to produce authority

amended 2 times (opens in a new tab)

s.124 Obstructing an authorised person

amended 2 times (opens in a new tab)

s.125 Advice on seal population

amended 2 times (opens in a new tab)

s.126 Police powers: search and seizure

amended 1 time (opens in a new tab)

s.127 Forfeiture

amended 1 time (opens in a new tab)

s.128 Penalties

amended 3 times (opens in a new tab)

s.129 Duty to review seal licensing regime

amended 2 times (opens in a new tab)

s.130 Repeal

amended 1 time (opens in a new tab)

Part 7

Common enforcement powers etc.: licensing and marine protection etc.

25 of 27 sections shown

s.131 Enforcement of marine licensing regime

amended 2 times (opens in a new tab)

s.132 Enforcement of marine protection and nature conservation legislation

amended 5 times (opens in a new tab)

s.134 Power to board and inspect vessels and marine installations

amended 1 time (opens in a new tab)

s.135 Power to enter and inspect premises

amended 1 time (opens in a new tab)

s.136 Power to enter and inspect vehicles

amended 1 time (opens in a new tab)

s.137 Dwellings

amended 1 time (opens in a new tab)

s.138 Powers of search, examination, etc.

amended 1 time (opens in a new tab)

s.139 Power to require production of documents, etc.

amended 1 time (opens in a new tab)

s.140 Powers of seizure, etc.

amended 1 time (opens in a new tab)

s.141 Further provision about seizure

amended 1 time (opens in a new tab)

s.142 Retention of seized items

amended 1 time (opens in a new tab)

s.143 Power to record evidence of offences

amended 1 time (opens in a new tab)

s.144 Power to require name and address

amended 1 time (opens in a new tab)

s.145 Power to require production of licence, etc.

amended 1 time (opens in a new tab)

s.146 Power to require attendance of certain persons

amended 1 time (opens in a new tab)

s.147 Power to direct vessel or marine installation to port

amended 1 time (opens in a new tab)

s.148 Assistance, etc.

amended 1 time (opens in a new tab)

s.149 Power to use reasonable force

amended 1 time (opens in a new tab)

s.150 Power to require information relating to certain substances and objects

amended 1 time (opens in a new tab)

s.151 Duty to provide evidence of authority where a person is present

amended 1 time (opens in a new tab)

s.152 Duty to state name and purpose, etc.

amended 1 time (opens in a new tab)

s.153 Disapplication of sections 151 and 152 in relation to dwellings

amended 1 time (opens in a new tab)

s.154 Liability of marine enforcement officers

amended 1 time (opens in a new tab)

s.155 Offences in relation to marine enforcement officers

amended 1 time (opens in a new tab)

s.156 General

amended 1 time (opens in a new tab)

2 other sections in this Part — procedural and definitional

s.133 The “common enforcement powers”

s.157 Interpretation of Part 7

Part 8

Sea fisheries

4 of 4 sections shown

s.158 Extension of modifications relating to Sea Fish (Conservation) Act 1967

amended 1 time (opens in a new tab)

s.159 Modification of section 22A of Sea Fish (Conservation) Act 1967

amended 1 time (opens in a new tab)

s.160 Modifications relating to Sea Fisheries (Shellfish) Act 1967: orders as to fisheries for shellfish

amended 1 time (opens in a new tab)

s.161 Further modifications relating to Sea Fisheries (Shellfish) Act 1967

amended 1 time (opens in a new tab)

Part 9

General provisions

4 of 7 sections shown

s.162 Crown application

amended 1 time (opens in a new tab)

s.163 Offences by bodies corporate

amended 1 time (opens in a new tab)

s.164 Ancillary provision

amended 1 time (opens in a new tab)

s.167 Consequential modifications

amended 4 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.165 Orders and regulations

s.166 Interpretation: general

s.168 Commencement and short title

Schedules

0 of 50 shown

50 other schedules

s.sch001 (1) Where the Scottish Ministers decide to prepare a national...

s.sch001 (1) Any person may make representations about a consultation draft....

s.sch001 (1) Where the Scottish Ministers have published a consultation draft...

s.sch001 The Scottish Ministers, in settling the text of a national...

s.sch001 (1) The Scottish Ministers must not adopt a national marine...

s.sch001 (1) A national marine plan or (as the case may...

s.sch001 In this schedule— “consultation draft” is to be read in...

s.sch001 (1) In preparing or amending a regional marine plan for...

s.sch001 (1) Before preparing a national marine plan or a regional...

s.sch001 (1) An SPP must include a proposed timetable.

s.sch001 (1) The Scottish Ministers must keep an SPP under review....

s.sch001 (1) In connection with the preparation of a national marine...

s.sch001 (1) The matters to which the Scottish Ministers are to...

s.sch001 (1) The Scottish Ministers must publish in such manner as...

s.sch002 In this schedule— “ civil sanction ” means a fixed...

s.sch002 (1) Where the Scottish Ministers make provision about the imposition...

s.sch002 (1) Information held by or on behalf of a person...

s.sch002 (1) Provision under section 46 must secure that, in a...

s.sch002 Provision under section 48 must secure that, in a case...

s.sch002 (1) Provision may not be made under section 46 and...

s.sch002 (1) Provision under section 46 must secure that, in a...

s.sch002 An order under section 46 or 48 which enables the...

s.sch002 (1) Provision under section 48 may include provision for the...

s.sch002 (1) An order under section 46 or 48 which makes...

s.sch002 (1) Before making an order under section 46 or 48,...

s.sch002 (1) Where the Scottish Ministers make provision about the imposition...

s.sch003 (1) This schedule has effect in relation to the issue...

s.sch003 (1) A warrant which— (a) has been executed, or

s.sch003 (1) Where a marine enforcement officer applies for a warrant,...

s.sch003 A warrant authorises entry on one occasion only.

s.sch003 (1) A warrant must specify— (a) the name of the...

s.sch003 (1) 2 copies are to be made of a warrant....

s.sch003 A warrant may be executed by any marine enforcement officer....

s.sch003 (1) A warrant may authorise persons to accompany any marine...

s.sch003 (1) Execution of a warrant must be within 3 months...

s.sch003 (1) Where the occupier of a dwelling that is to...

s.sch004 In the Coast Protection Act 1949— (a) Part II is...

s.sch004 In the Sea Fisheries Act 1968 (c.77), in section 15...

s.sch004 (1) The Fisheries Act 1981 (c.29) is modified as follows....

s.sch004 In the Sea Fish (Conservation) Act 1992 (c.60), paragraph (b)...

s.sch004 In the Criminal Justice and Public Order Act 1994 (c.33),...

s.sch004 Section 36 of the Merchant Shipping Act 1988 is repealed....

s.sch004 In section 99 of the Energy Act 2004, subsections (4)...

s.sch004 Section 1 of the Protection of Wrecks Act 1973 is...

s.sch004 In the Wildlife and Countryside Act 1981—

s.sch004 In the Territorial Sea Act 1987— (a) in section 3,...

s.sch004 In the Local Government (Wales) Act 1994, in Schedule 16,...

s.sch004 In the Local Government etc. (Scotland) Act 1994, in Schedule...

s.sch004 In the Water Industry (Scotland) Act 2002, in schedule 7,...

1 other provision

s.para.218 Sea fisheries

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Marine (Scotland) Act 2010

What it defines

The Scottish marine area

General duties

Marine planning

Marine licensing

Marine protection and enhancement: the Scottish marine protection area

Conservation of seals

Common enforcement powers etc.: licensing and marine protection etc.

Sea fisheries

General provisions

Schedules