UK Act of Parliament 2010 Scotland

Marine (Scotland) Act 2010

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.

Any Person17 Applicant1 Licence Holder1 Director or Officer1

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.

Part 1

The Scottish marine area

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

General duties

2 of 2 sections shown
s.003 Sustainable development and protection and enhancement of the health of the Scottish marine area (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ministers and public authorities must further sustainable developmentCrown / Minister / Government department
s.004 Mitigation of and adaptation to climate change (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Act to mitigate and adapt to climate change in marine functionsCrown / Minister / Government department
Part 3

Marine planning

6 of 15 sections shown
s.005 National marine plan and regional marine plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prepare a national marine plan with climate and sustainability objectivesCrown / Minister / Government department
s.011 Duty to keep relevant matters under review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must keep marine planning matters under reviewCrown / Minister / Government department
s.013 Directions under section 12: supplementary provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish section 12 directionsCrown / Minister / Government department
s.014 Directions to delegates as regards performance of designated functions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult on and publish directions to marine planning delegatesCrown / Minister / Government department
s.015 Decisions of public authorities affected by marine plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public authorities must follow marine plans in Scottish marine decisionsCrown / Minister / Government department
s.016 Monitoring of and periodical reporting on implementation of marine plans (opens in a new tab) Regulated
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
Part 4

Marine licensing

17 of 47 sections shown
s.020 Requirement for licence (opens in a new tab) Regulated
  • Get a marine licence before carrying on licensable marine activitiesAny Person
s.023 Pre-application consultation: compliance (opens in a new tab) Regulated
  • Give pre-application notice before submitting a marine licence applicationApplicant
s.024 Pre-application consultation report (opens in a new tab) Regulated
  • Prepare pre-application consultation report for marine licenceAny Person
s.026 Notice of applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish notice of marine licence applicationsCrown / Minister / Government department
s.027 Determination of applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider statutory factors when deciding marine licencesCrown / Minister / Government department
s.029 Grant or refusal of licence (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must decide marine licence applicationsCrown / Minister / Government department
s.031 Pre-variation, suspension or revocation procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify and hear licence holders before changing licencesCrown / Minister / Government department
s.036 Electronic communications apparatus (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not issue licence without compensation arrangementsCrown / Minister / Government department
s.037 Submarine cables (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must grant marine licences for exempt submarine cablesCrown / Minister / Government department
s.038 Appeals against licensing decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must create marine licence appeal rightsCrown / Minister / Government department
s.039 Breach of requirement for, or conditions of, licence (opens in a new tab) Prosecution
  • Carry out unlicensed marine activity or breach licence conditionAny Person

Unlimited fine

s.042 Offences relating to information (opens in a new tab) Prosecution
  • Give false information for a marine licenceAny Person

Unlimited fine

s.045 Further provision as to compliance and remediation notices (opens in a new tab) Prosecution
  • Fail to comply with a compliance or remediation noticeAny Person

Unlimited fine

s.054 Register of licensing information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must maintain a public register of marine licensing informationCrown / Minister / Government department
s.056 Further provision as to stop notices (opens in a new tab) Regulated
  • Stop activity named in a marine stop noticeLicence Holder
s.058 Further provision as to emergency safety notices (opens in a new tab) Regulated
  • Comply with emergency safety noticesAny Person
s.061 Appeals against notices (opens in a new tab) Regulated
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
s.063 Proceedings for questioning certain decisions under sections 28 and 29
s.063 Applications under section 63A: requirement for permission
Part 5

Marine protection and enhancement: the Scottish marine protection area

22 of 43 sections shown
s.068 Nature Conservation MPAs: additional requirements relating to designation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish and apply MPA designation criteriaCrown / Minister / Government department
s.070 Nature Conservation MPAs: assessment of achievement of stated objectives (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must assess whether MPA conservation objectives are being metCrown / Minister / Government department
s.075 Publicity and consultation etc. before designation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publicise and consult before designating MPAsCrown / Minister / Government department
s.076 Publicity in relation to designation orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publicise designation orders and provide copiesCrown / Minister / Government department
s.079 Creation of network of conservation sites (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must designate MPAs to form a conservation networkCrown / Minister / Government department
s.080 Advice etc. by Scottish Natural Heritage as regards Nature Conservation MPAs and Demonstration and Research MPAs (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NatureScot must provide MPA advice when a public authority requests itStatutory regulator
s.082 Duties of public authorities in relation to marine protected areas etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public authorities must safeguard MPAs and notify Ministers of significant risksCrown / Minister / Government department
s.083 Duties of public authorities in relation to certain decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public authorities must safeguard Marine Protected Areas when deciding authorisationsStatutory regulator
s.084 Failure to comply with duties (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public authorities must explain failures to comply with MPA duties when askedCrown / Minister / Government department
s.087 Procedure for marine conservation orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult and publish draft marine conservation ordersCrown / Minister / Government department
s.088 Urgent orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publicise urgent marine conservation orders and review needCrown / Minister / Government department
s.089 Publicity in relation to marine conservation orders and urgent continuation orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publicise marine conservation orders and provide copiesCrown / Minister / Government department
s.091 Duty to assess impact of prohibition or restriction of activities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must assess impacts of marine conservation order restrictionsCrown / Minister / Government department
s.094 Offences: contravening a marine conservation order (opens in a new tab) Prosecution
  • Breach a marine conservation orderAny Person

Unlimited fine

s.095 Offences relating to protected features of a Nature Conservation MPA (opens in a new tab) Prosecution
  • Damage protected features of a Nature Conservation MPAAny Person

Unlimited fine

s.096 Offences relating to marine historic assets (opens in a new tab) Prosecution
  • Damage or disturb marine historic assets in a Historic MPAAny Person

Unlimited fine

s.100 Review of schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Relevant authorities must review and update marine management schemes every 5 yearsStatutory regulator

amended 1 time (opens in a new tab)

s.101 Marine management schemes: consultation etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Consult SNH and send scheme copies to Scottish Ministers and SNHCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.103 Reports to Parliament (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must report to Parliament on Marine Protected AreasCrown / Minister / Government department

amended 1 time (opens in a new tab)

21 other sections in this Part — procedural and definitional
s.080 Advice etc. by Historic Environment Scotland as regards Historic MPAs
Part 6

Conservation of seals

24 of 24 sections shown
s.108 Exceptions: alleviating suffering (opens in a new tab) Regulated
  • You must report any seal killed, injured or taken under the welfare exceptionAny Person

amended 1 time (opens in a new tab)

s.111 Methods of killing or taking seals under seal licence (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must specify methods and check competence for seal licencesCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.112 Seal licence conditions (opens in a new tab) Regulated
  • Comply with all conditions on your seal licenceAny Person

amended 1 time (opens in a new tab)

s.113 Seal licence reports (opens in a new tab) Regulated
  • Send your seal licence report to Scottish Ministers within 10 daysAny Person

amended 1 time (opens in a new tab)

s.116 Consultation and consent (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult UKRI and get NatureScot consent before seal licencesCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.117 Offence: harassment at haul-out sites (opens in a new tab) Regulated
  • Intentionally or recklessly harass a seal at a haul-out siteAny Person

amended 2 times (opens in a new tab)

s.118 Seal conservation areas (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Consult on and publish seal conservation area designationsCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.119 Effect of seal conservation area status: licensing decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Must not grant seal licences in conservation areas unless tests metCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.123 Duty to produce authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorised persons must show evidence of authority when askedStatutory regulator

amended 2 times (opens in a new tab)

s.125 Advice on seal population (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider UKRI advice on seal populationsCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.128 Penalties (opens in a new tab) Imprisonment
  • Commit any listed offence under Marine (Scotland) Act 2010Any Person

5 years imprisonment · amended 3 times (opens in a new tab)

s.129 Duty to review seal licensing regime (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must review and publish seal licensing reports every 5 yearsCrown / Minister / Government department

amended 2 times (opens in a new tab)

Part 7

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

25 of 27 sections shown
s.151 Duty to provide evidence of authority where a person is present (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Marine enforcement officer must show proof of authority before using enforcement powersStatutory regulator

amended 1 time (opens in a new tab)

s.152 Duty to state name and purpose, etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcement officers must state name, power and grounds when askedStatutory regulator

amended 1 time (opens in a new tab)

s.155 Offences in relation to marine enforcement officers (opens in a new tab) Prosecution
  • 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
Part 8

Sea fisheries

4 of 4 sections shown
Part 9

General provisions

4 of 7 sections shown
Schedules

Schedules

24 of 50 shown
s.sch001 (1) Where the Scottish Ministers decide to prepare a national... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must give notice before preparing marine plansCrown / Minister / Government department
s.sch001 (1) Any person may make representations about a consultation draft.... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider consultation responses on marine plan draftsCrown / Minister / Government department
s.sch001 (1) Where the Scottish Ministers have published a consultation draft... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider independent review of draft marine planCrown / Minister / Government department
s.sch001 The Scottish Ministers, in settling the text of a national... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider recommendations when settling marine plansCrown / Minister / Government department
s.sch001 (1) The Scottish Ministers must not adopt a national marine... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must lay draft marine plan and respond to ParliamentCrown / Minister / Government department
s.sch001 (1) A national marine plan or (as the case may... Regulated
Other duties (1) — Crown / regulator
  • Publish adopted marine plans and lay national plans before ParliamentCrown / Minister / Government department
s.sch001 (1) In preparing or amending a regional marine plan for... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must make regional marine plans compatible with adjoining plansCrown / Minister / Government department
s.sch001 (1) Before preparing a national marine plan or a regional... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish a participation statement before marine plansCrown / Minister / Government department
s.sch001 (1) An SPP must include a proposed timetable. Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must include timetable and representation rules in SPPCrown / Minister / Government department
s.sch001 (1) The Scottish Ministers must keep an SPP under review.... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must keep SPPs under review and publish revisionsCrown / Minister / Government department
s.sch001 (1) The matters to which the Scottish Ministers are to... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must have regard to specified matters when preparing marine plansCrown / Minister / Government department
s.sch001 (1) The Scottish Ministers must publish in such manner as... Regulated
Other duties (1) — Crown / regulator
  • Publish and publicise marine plan consultation draftsCrown / Minister / Government department
s.sch002 (1) Where the Scottish Ministers make provision about the imposition... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish guidance on enforcement when civil sanctions are introducedCrown / Minister / Government department
s.sch002 (1) Where the Scottish Ministers make provision about the imposition... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must require civil sanction reports to be publishedCrown / Minister / Government department
s.sch002 (1) Provision under section 46 must secure that, in a... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prevent double jeopardy in fixed penalty regulationsCrown / Minister / Government department
s.sch002 Provision under section 48 must secure that, in a case... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prevent further enforcement after a monetary penaltyCrown / Minister / Government department
s.sch002 (1) Provision may not be made under section 46 and... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must prevent double penalties in marine enforcement regulationsCrown / Minister / Government department
s.sch002 (1) Provision under section 46 must secure that, in a... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not impose further penalty after fixed penalty noticeCrown / Minister / Government department
s.sch002 (1) Before making an order under section 46 or 48,... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult before making marine ordersCrown / Minister / Government department
s.sch002 (1) Where the Scottish Ministers make provision about the imposition... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must publish, consult on and follow civil sanctions guidanceCrown / Minister / Government department
s.sch003 (1) A warrant which— (a) has been executed, or Regulated
Other duties (1) — Crown / regulator
  • Return executed or expired marine enforcement warrants to the courtStatutory regulator
s.sch003 (1) Where a marine enforcement officer applies for a warrant,... Regulated
Other duties (1) — Crown / regulator
  • State grounds and sworn evidence when applying for warrant to enter dwellingStatutory regulator
s.sch003 (1) Execution of a warrant must be within 3 months... Regulated
Other duties (1) — Crown / regulator
  • Execute warrants within 3 months and at a reasonable timeStatutory regulator
s.sch003 (1) Where the occupier of a dwelling that is to... Regulated
Other duties (1) — Crown / regulator
  • Marine enforcement officers must identify themselves and leave warrant copy when entering dwellingsStatutory regulator
26 other schedules
s.sch001 In this schedule— “consultation draft” is to be read in...
s.sch001 (1) In connection with the preparation of a national marine...
s.sch002 In this schedule— “ civil sanction ” means a fixed...
s.sch002 (1) Information held by or on behalf of a person...
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.sch003 (1) This schedule has effect in relation to the issue...
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.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.