Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Marine (Scotland) Act 2010

Type Act of the Scottish Parliament

Publication 2010-03-10

Last updated 2026-02-12

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) the person took such steps as were reasonably practicable in all the circumstances to minimise the hindrance (or potential hindrance) to the preservation objectives.

(4) A person who is guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £50,000,

(b) on conviction on indictment, to a fine.

(5) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Exceptions to offences under section 94, 95 or 96

97

(1) A person is not guilty of an offence under section 94, 95, or 96 if the act which is alleged to constitute the offence—

(a) was an exercise of functions carried out in accordance with section 82(2) by a public authority,

(b) was expressly authorised by an authorisation granted by a public authority or was necessarily incidental to an act so authorised (and this paragraph is not disapplied in relation to the offence by virtue of section 85(4)(a)),

(i) a permit of the kind described in section 92(1), or

(ii) an authorisation of the kind described in section 92(3),

(d) was necessary—

(i) in the interests of national security,

(ii) in the interests of the prevention or detection of crime,

(iii) for securing public health.

(2) It is a defence for a person who is charged with an offence under section 95 or 96 to show that—

(a) the act which is alleged to constitute the offence was—

(i) an act done for the purpose of, and in the course of, sea fishing, or

(ii) an act done in connection with such an act, and

(b) the effect of the act on the protected feature or (as the case may be) the marine historic asset in question could not have reasonably been avoided.

(3) The Scottish Ministers may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (2).

(4) For the purposes of this section, “act” includes omission.

Prohibited act taken in an emergency

98

(1) It is a defence for a person charged with an offence under section 94, 95 or 96 to prove that—

(a) the act alleged to constitute the offence was carried out for the purpose of any of the following—

(i) saving life,

(ii) securing the safety of a vessel, aircraft or marine installation, and

(b) the person took steps within a reasonable time to inform the Scottish Ministers of the matters set out in subsection (2).

(2) The matters are—

(a) the fact that the act was carried out,

(b) the locality and circumstances in which it was carried out, and

(3) The defence provided by subsection (1) is not available to a person where—

(a) the court is not satisfied that the act either—

(i) was necessary for any of the purposes mentioned in subsection (1)(a), or

(ii) was a reasonable step to take in the circumstances, or

(b) the necessity for the act was due to the fault of the accused or a person acting under the accused's direction or control.

Marine management schemes

99

(1) A relevant authority (or 2 or more relevant authorities acting together) may establish one or more marine management schemes for any or all of the following areas—

(a) any Nature Conservation MPA,

(b) any Demonstration and Research MPA,

(i) is included in whole or in part in,

(ii) includes all or part of, or

(iii) adjoins,

a Nature Conservation MPA or a Demonstration and Research MPA.

(2) A marine management scheme is a scheme under which the relevant authority's (or authorities') functions must be exercised for the purpose of furthering any or all of the following—

(a) the stated conservation objectives for any Nature Conservation MPA to which the scheme applies,

(b) the stated purposes for any Demonstration and Research MPA to which the scheme applies,

(3) A marine management scheme may also impose the same requirement in relation to the exercise of any functions of the relevant authority (or authorities) which are not exercisable within the area (or areas) to which the scheme applies but the exercise of which may have an impact on the protection of that area (or those areas).

(4) A marine management scheme may be made for a period of time specified in it.

(5) The relevant authority (or authorities) making a marine management scheme may amend it from time to time.

(6) In this section and sections 100 to 102, a “relevant authority” means—

(a) any public authority exercising functions in the Scottish marine protection area, or

(b) the Scottish Ministers.

Review of schemes

100

(1) A marine management scheme which is in effect at the end of a period mentioned in subsection (2) must be reviewed and updated by the relevant authority or authorities concerned by the end of that period.

(2) The periods are—

(a) the period of 5 years beginning with the date on which it was made,

(b) each subsequent period of 5 years.

Marine management schemes: consultation etc.

101

(1) Before making or amending a marine management scheme, the relevant authority (or authorities acting together) must consult Scottish Natural Heritage.

(2) Where a relevant authority (or authorities) has (or have) made or amended a marine management scheme, they must forthwith send a copy of the scheme as made or amended to the Scottish Ministers and Scottish Natural Heritage.

Directions as to making, amending or revocation of schemes

102

(1) The Scottish Ministers may give directions to a relevant authority (or any 2 or more such authorities) as to the making of marine management schemes.

(2) A direction under subsection (1) may in particular—

(a) require one or more schemes to be made,

(b) require conservation or other measures specified in the direction to be included in a scheme,

(c) where a scheme is to be made by more than one relevant authority acting together, appoint one such authority to co-ordinate the making of it,

(d) set time limits within which any steps in relation to the making of a scheme are to be taken,

(e) require the approval of the Scottish Ministers before a scheme is made,

(f) require any relevant authority to give to the Scottish Ministers such information relating to the making of a scheme as may be specified in the direction.

(3) The Scottish Ministers may give directions (whether general or specific) to a relevant authority (or any 2 or more such authorities) as to the amendment of a marine management scheme.

(4) The Scottish Ministers may revoke a marine management scheme by a direction given by them to the relevant authority (or authorities) which made the scheme.

(5) A direction under this section must be in writing.

(6) A relevant authority given a direction under subsection (1) or (3) must comply with it.

Reports to Parliament

103

(1) Before the end of each relevant period, the Scottish Ministers must lay before the Parliament a report setting out the information mentioned in subsection (3).

(2) A report under subsection (1) may be in the form of a report combined with a report under section 124 of the 2009 Act.

(3) The information referred to in subsection (1) is—

(a) the number of—

(i) Nature Conservation MPAs,

(ii) Demonstration and Research MPAs,

(iii) Historic MPAs,

in designation orders made during the relevant period,

(b) in relation to each Nature Conservation MPA—

(i) its size,

(ii) the stated conservation objectives,

(i) its size,

(ii) the stated purpose,

(d) in relation to each Nature Conservation MPA (whether in a designation order made before or during the relevant period)—

(i) the extent to which in the opinion of the Scottish Ministers the stated conservation objectives have been achieved,

(ii) any further steps which in their opinion are required to be taken in order to contribute to the achievement of those objectives,

(e) in relation to each Demonstration and Research MPA (whether in a designation order made before or during the relevant period)—

(i) the extent to which in the opinion of the Scottish Ministers the stated purpose has been achieved,

(ii) any further steps which in their opinion are required to be taken in order to contribute to the achievement of that purpose,

(f) information about any amendments made during the relevant period to any designation order by order under section 74,

(g) in relation to each Historic MPA (whether in a designation order made before or during the relevant period), a summary of the things for which authorisation by—

(i) permits of the kind described in section 92(1),

(ii) authorisations of the kind described in section 92(3),

has been sought during the relevant period,

(h) information about any marine conservation order or urgent continuation order made, or any amendment of any such order, during the relevant period,

(i) information about any marine management scheme made, or any amendment of any such scheme, during the relevant period,

(j) the extent to which in the opinion of the Scottish Ministers the exercise by them of the power in section 67(1)(a) to designate Nature Conservation MPAs contributes to the objective in section 79(2).

(4) In this section “the relevant period” means—

(a) the period beginning on the date on which this section comes into force and ending on 31 December 2012,

(b) each subsequent period of 6 years.

Licences granted under Wildlife and Countryside Act 1981

Grant of certain licences under Wildlife and Countryside Act 1981

104

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Penalties in regulations implementing Habitats Directive

Penalties in regulations implementing the Habitats Directive for the Scottish marine area

105

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Interpretation of Part 5

106

In this Part—

“animal” includes any egg, larva, pupa or other immature stage of an animal,

“protected feature”, in relation to a Nature Conservation MPA or proposed Nature Conservation MPA, means any flora, fauna, habitat or feature which is sought to be conserved by the making of the order designating the area,

“seashore” means—the foreshore, that is to say, land which is covered and uncovered by the ordinary movement of the tide, andany land, whether or not covered intermittently by water, which is in apparent continuity (determined by reference to the physical characteristics of the land) with the foreshore, as far landward as any natural or artificial break in that continuity,

“stated conservation objectives” for a Nature Conservation MPA means the conservation objectives stated (in the designation order designating the area) as the conservation objectives for the area,

“stated preservation objectives” for a Historic MPA means the preservation objectives stated (in the designation order designating the area) as the preservation objectives for the area,

“stated purpose” for a Demonstration and Research MPA means a purpose stated (in the designation order designating the area) as a purpose for which the order is made,

“urgent marine conservation order” is to be construed in accordance with section 88 (being a marine conservation order made in accordance with that section, instead of section 87),

“vehicle” includes—a bicycle and other non-motorised form of transport,hovercraft,

“vessel” includes—hovercraft,aircraft capable of landing on water,any other craft capable of travelling on, in or under water, whether or not capable of carrying any person.

Part 6 — Conservation of seals

Offence: killing, injuring or taking seals

107

Killing, injuring or taking a live seal (intentionally or recklessly) is an offence.

Exceptions: alleviating suffering

108

(1) It is not an offence under section 107 for a person to end a seal's life humanely (or to injure a seal when attempting to do so) if—

(a) it has been seriously disabled (otherwise than by the person's unlawful conduct),

(b) it has no reasonable chance of recovering, and

(i) is the only satisfactory way to end its suffering, and

(ii) is not detrimental to the maintenance of the population of any species of seal at a favourable conservation status in their natural range (within the meaning of Article 1(e) of the Habitats Directive).

(2) It is not an offence under section 107 for a person to take a seal (or to kill or injure a seal when attempting to take it) if—

(a) it has been disabled (otherwise than by the person's unlawful conduct),

(b) it is (or is to be) taken only in order to—

(i) tend it with a view to releasing it after it has recovered, or

(ii) release it after it has been tended,

(d) taking it—

(i) is the only satisfactory way to help it to recover, and

(ii) is not detrimental to the maintenance of the population of any species of seal at a favourable conservation status in their natural range (within the meaning of Article 1(e) of the Habitats Directive).

(3) It is the duty of a person who kills, injures or takes a seal in a manner which is lawful by virtue of this section to report the matter to the Scottish Ministers as soon as reasonably practical after doing so.

(4) Failure to comply with the reporting duty is an offence.

Exceptions: licensed activity

109

It is not an offence under section 107—

(a) to kill or take a seal in accordance with a seal licence,

(b) to take a seal in order to, or to injure a seal when attempting to, kill it in accordance with a seal licence,

(d) to do anything in accordance with a licence granted under regulation 44 of the Conservation (Natural Habitats, &c.) Regulations.

Seal licences

110

(1) The Scottish Ministers may grant a licence (a “seal licence”) authorising the killing or taking of seals—

(a) for scientific, research or educational purposes,

(b) to conserve natural habitats,

(d) in connection with the introduction of seals, other wild animals (including wild birds) or wild plants to particular areas,

(e) to protect a zoological or botanical collection,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) to prevent the spread of disease among seals or other animals (including birds) or plants,

(i) to preserve public health or public safety, or

(j) for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Methods of killing or taking seals under seal licence

111

(1) A seal licence must specify the method which the licensee must use to kill or take seals.

(2) The Scottish Ministers must not grant a seal licence authorising a person to kill seals by shooting unless they are satisfied that the person has adequate skills and experience in using firearms.

(3) A seal licence must not authorise a person to do anything which would contravene regulation 41 of the Conservation (Natural Habitats, &c.) Regulations. This subsection does not restrict the things for which a licence may be granted under regulation 44 of those Regulations.

Seal licence conditions

112

(1) A seal licence must impose conditions—

(a) specifying the maximum number of seals which may be killed or taken, and

(b) specifying steps which must be taken in relation to any seal injured when attempting to kill or take it in accordance with the seal licence in order to reduce the risk of it suffering unnecessarily.

(2) A seal licence which authorises the killing of seals by shooting must impose conditions—

(a) specifying the type of firearm which must be used,

(b) specifying the weather conditions in which a person may attempt to shoot a seal,

(d) prohibiting a person from attempting to shoot a seal from an unstable platform, and

(e) about the recovery of carcases.

(3) A seal licence may impose other conditions.

(4) Conditions may, for example, specify—

(a) the area in which seals may be killed or taken,

(b) the species of seal which may be killed or taken,

(d) any period during which seals may not be killed or taken, for example, when females of the species of seal for which the licence has been issued are likely to be in an advanced stage of pregnancy or have dependent pups.

(5) Failure to comply with a condition imposed is an offence.

(6) In any proceedings for such an offence, it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Seal licence reports

113

(1) A person to whom a seal licence is granted must send a seal licence report to the Scottish Ministers within 10 days of the end of each reporting period.

(2) A seal licence report is a report which—

(a) states how many seals have, during the reporting period concerned, been—

(i) killed in accordance with the seal licence,

(ii) taken in accordance with the seal licence,

(iii) killed when attempting to take them in accordance with the seal licence,

(iv) injured when attempting to kill or take them in accordance with the seal licence, or

(b) where no seals have been so killed, taken or injured during the reporting period concerned, states that fact.

(3) A reporting period is—

(a) in the case of a seal licence which has effect for 3 months or longer—

(i) each period of 3 months following the granting of the seal licence, and

(ii) any shorter period beginning at the end of such a 3 month period and ending when the seal licence is revoked or otherwise ceases to have effect,

(b) in the case of a seal licence which has effect for fewer than 3 months, the period for which the seal licence has effect.

(4) Failure, without reasonable excuse, to send a seal licence report in accordance with subsection (1) is an offence.

Variation or revocation of seal licence

114

A seal licence may be varied or revoked at any time.

Seal licence fees

115

(1) The Scottish Ministers may require an application for a seal licence or a variation of a seal licence to be accompanied by such fee as may be determined by, or in accordance with, regulations made by them.

(2) Regulations may provide for different fees for different descriptions of applications.

116

(1) The Scottish Ministers must consult United Kingdom Research and Innovation before granting or varying a seal licence.

(2) The Scottish Ministers must obtain the consent of Scottish Natural Heritage before granting or varying a seal licence authorising the killing or taking of seals in a protected area for a purpose mentioned in any of paragraphs (b) to (e) of section 110(1).

“protected area” means—

Protection at haul-out sites

Offence: harassment at haul-out sites

117

Harassing a seal (intentionally or recklessly) at a haul-out site is an offence.

“haul-out site” means any place which the Scottish Ministers, after consulting United Kingdom Research and Innovation, by order designate as such for the purposes of this section.

Seal conservation areas

118

(1) The Scottish Ministers may designate an area as a “seal conservation area” where they consider it necessary to do so in order to ensure the proper conservation of seals.

(2) The Scottish Ministers must consult United Kingdom Research and Innovation before designating a seal conservation area.

(3) The Scottish Ministers must—

(a) publish a designation in a manner which they consider most likely to bring the proposal to the attention of persons likely to be affected by it,

(b) make a copy of a designation available for inspection at one of their offices at all reasonable hours, and

(4) The Scottish Ministers may charge a fee, not exceeding their expenses, for providing a copy under subsection (3)(c).

Effect of seal conservation area status: licensing decisions

119

The Scottish Ministers must not grant a seal licence authorising the killing or taking of seals in a seal conservation area unless they are satisfied—

(a) that there is no satisfactory alternative way of achieving the purpose for which the licence is granted, and

(b) that the killing or taking authorised by the licence will not be detrimental to the maintenance of the population of any species of seal at a favourable conservation status in their natural range (within the meaning of Article 1(e) of the Habitats Directive).

Authorisations to enter land

Power to enter land to obtain information about seals

120

(1) The Scottish Ministers may, after consulting United Kingdom Research and Innovation, authorise any person to enter any land to obtain information about seals in order to enable or assist the Scottish Ministers to perform their functions under this Part.

(2) Before granting such an authorisation, the Scottish Ministers must give notice to the occupier of the land setting out their intention to do so.

(3) An authorisation must specify—

(a) the land to be entered, and

(b) the period (of no more than 8 weeks) during which the land may be entered.

(4) An authorisation may be conditional.

Power to enter land to protect fisheries or fish farms from seals

121

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Duty to notify occupier

122

(1) The duty to notify an occupier under section 120(2) ... may be fulfilled—

(a) by hand delivering the notice to the occupier,

(b) by sending the notice, by first class post or by a registered or recorded delivery postal service, in an envelope addressed to the occupier at—

(i) where sent to an individual, the individual's principal place of business or usual or last known abode,

(ii) where sent to a body corporate, the body's registered or principal office, or

(iii) in any other case, the occupier's last known address,

(i) which is legible and capable of being used for subsequent reference, and

(ii) which the sender reasonably considers likely to cause it to be delivered on the same or next day, or

(d) where the occupier's name or address cannot be ascertained after reasonable enquiry—

(i) by hand delivering the notice to a responsible person on the land concerned, or

(ii) by fixing the notice to a conspicuous object on the land concerned.

(2) A notice is, unless the contrary is proved, to be treated as having been given—

(a) where hand delivered, on the day of delivery,

(b) where posted, on the day on which it would be delivered in the ordinary course of post,

(d) where fixed to an object, on the day it is so fixed.

Duty to produce authority

123

A person doing anything authorised under section 120 ... must produce evidence of the person's authority if asked to do so.

Obstructing an authorised person

124

Preventing or obstructing a person from doing anything which the person is authorised to do under section 120 ... (intentionally or recklessly) is an offence.

Supplementary

Advice on seal population

125

The Scottish Ministers must have regard to any advice about the management of seal populations which is given to them by United Kingdom Research and Innovation.

Police powers: search and seizure

126

A constable may stop any person who the constable suspects with reasonable cause of committing an offence under this Part and may—

(a) without warrant, search any vehicle or vessel which the constable reasonably believes to have been used in connection with the commission of the offence,

(b) seize any seal, seal skin or other thing liable to be forfeited under section 127.

Forfeiture

127

The court by which a person is convicted of an offence under this Part may order the forfeiture of—

(a) any seal or seal skin in respect of which the offence was committed, or

(b) any thing which the person possessed or controlled at the time of the offence which was capable of being used in connection with the offence.

Penalties

128

(A1) A person guilty of an offence under section 107 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(1) A person guilty of an offence under section ... 117 is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(2) A person guilty of an offence under section 108(4) is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(3) A person guilty of an offence under section 112(5) or 113(4) is liable, on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) A person guilty of an offence under section 124 is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

Duty to review seal licensing regime

129

(1) The Scottish Ministers must review and publish a report on the operation of the seal licensing regime—

(a) within 5 years of section 110 coming into force, and

(b) within each subsequent period of 5 years beginning with the publication of a report.

(2) When carrying out a review, the Scottish Ministers must—

(a) have regard to such scientific evidence on seal biology, welfare and behaviour, and on such other matters, as they consider relevant, and

(b) consult United Kingdom Research and Innovation and such other persons as they consider appropriate.

(3) The Scottish Ministers must have regard to their most recent report when performing functions under the seal licensing regime.

(4) In this section, “seal licensing regime” means the provisions of this Part relating to seal licences.

Repeal

130

The Conservation of Seals Act 1970 (c.30) is repealed.

Part 7 — Common enforcement powers etc.: licensing and marine protection etc.

Powers of marine enforcement officers

Enforcement of marine licensing regime

131

(1) For the purposes of enforcing Part 4 a marine enforcement officer has—

(a) the common enforcement powers conferred by this Act,

(b) the power conferred by section 150 (to require information relating to certain substances and objects).

(2) Subject to subsection (3), the powers which a marine enforcement officer has for the purposes of enforcing Part 4 may be exercised in the Scottish marine area and in any other part of Scotland.

(3) Those powers may not be exercised in relation to any British warship.

(4) In this section and section 132, “British warship” means a ship belonging to Her Majesty and forming part of Her Majesty's armed forces.

Enforcement of marine protection and nature conservation legislation

132

(1) For the purposes of enforcing the marine protection and nature conservation legislation, a marine enforcement officer has the common enforcement powers conferred by this Act.

(2) In this section, “the marine protection and nature conservation legislation” means—

(a) marine conservation orders,

(b) sections 95, 96, 107, 112(5) and 117,

(c) sections 1, 5 to 7, 9, 10A, 11, 11A, 11B, 11C, 11E, 11G, 11I, 13, 14, 14ZC, 14A, 14B, 14K, 18A and 18B of the Wildlife and the Countryside Act 1981 (c.69),

(d) regulations 39, 41 and 43 of the Conservation (Natural Habitats, &c.) Regulations,

(e) any byelaws made by virtue of regulation 36 of those Regulations.

(3) Subject to subsections (4) and (5), the powers which a marine enforcement officer has for the purposes of enforcing the marine protection and nature conservation legislation may be exercised in the Scottish marine area and in any other part of Scotland.

(4) The powers which a marine enforcement officer has for the purposes of enforcing the marine protection and nature conservation legislation may not be exercised in relation to a British warship.

(5) Any of those powers may also not be exercised in relation to any vessel mentioned in subsection (6) unless, in the case of a third country vessel (other than a vessel falling within paragraph (b) or (c) of that subsection), the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state.

(6) The vessels are—

(a) a third country vessel,

(b) a warship that is being used by the government of a State other than the United Kingdom,

(7) In this section—

“flag state”, in relation to a vessel, is the State whose flag the vessel is flying or is entitled to fly,

“third country vessel” means a vessel which—is flying the flag of, or is registered in, any State or territory other than the United Kingdom, andis not registered in the United Kingdom,

“vessel” does not include aircraft.

The common enforcement powers

The “common enforcement powers”

133

In this Part, the “common enforcement powers” means the powers under sections 134 to 149.

Common enforcement powers of entry, search and seizure

Power to board and inspect vessels and marine installations

134

(1) For the purposes of carrying out any relevant functions, a marine enforcement officer may at any time board and inspect a vessel or marine installation. This is subject to section 137 (which provides that a warrant is necessary to enter a dwelling).

(2) For the purposes of exercising the power conferred by subsection (1), the officer may require a vessel or marine installation—

(a) to stop,

(b) to do anything else that will facilitate the boarding of that or any other vessel or marine installation.

(3) A marine enforcement officer who has boarded a vessel or marine installation may, for the purposes of disembarking from the vessel or installation, require that or any other vessel or marine installation—

(a) to stop,

(b) to do anything else that will enable the officer, and any person accompanying the officer, to disembark from the vessel or installation.

(4) A marine enforcement officer may require any person on board a vessel or marine installation to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

Power to enter and inspect premises

135

(1) For the purposes of carrying out any relevant functions, a marine enforcement officer may enter and inspect any premises. This is subject to section 137 (which provides that a warrant is necessary to enter a dwelling).

(2) The officer may exercise the power conferred by this section only at a reasonable time, unless it appears to the officer that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.

(3) A marine enforcement officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of the power conferred by this section.

Power to enter and inspect vehicles

136

(1) For the purposes of carrying out any relevant functions, a marine enforcement officer may at any time—

(a) enter and inspect any vehicle,

(b) stop and detain any vehicle for the purposes of entering and inspecting it.

This is subject to section 137 (which provides that a warrant is necessary to enter a dwelling).

(2) Where a marine enforcement officer—

(a) has stopped a vehicle under this section, and

(b) considers that it would be impracticable to inspect the vehicle in the place where it has stopped,

the officer may require the vehicle to be taken to such place as the officer directs to enable the vehicle to be inspected.

(3) A marine enforcement officer may require—

(a) any person travelling in a vehicle,

(b) the registered keeper of a vehicle,

to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by this section.

(4) The powers conferred by this section may be exercised in any place (whether or not it is a place to which the public has access).

(5) In this section “vehicle” does not include a vessel.

Dwellings

137

(1) A marine enforcement officer may not by virtue of section 134, 135 or 136 enter a dwelling unless a justice has issued a warrant authorising the officer to enter it.

(2) A justice may issue such a warrant only if, on an application by the officer, the justice is satisfied—

(a) that the officer has reasonable grounds for believing that there is material in the dwelling which for the purposes of carrying out any relevant functions the officer wishes to inspect, examine or seize, and

(b) that any of the following conditions is satisfied—

(i) that it is not practicable to communicate with any person entitled to grant entry to the dwelling,

(ii) that it is not practicable to communicate with any person entitled to grant access to the material,

(iii) that entry to the dwelling is unlikely to be granted unless a warrant is produced,

(iv) the purposes of entry may be frustrated or seriously prejudiced unless a marine enforcement officer arriving at the dwelling can secure immediate entry to it.

(3) Schedule 3 contains further provision about warrants issued under this section.

Powers of search, examination, etc.

138

(1) Where a marine enforcement officer is exercising a power of inspection conferred by section 134, 135 or 136, the officer may—

(a) search the relevant premises for any item,

(b) examine anything that is in or on the relevant premises.

(2) Where a marine enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may—

(a) search or examine anything which appears to be in the person's possession or control,

(b) stop and detain the person for the purposes of such search or examination.

(3) A marine enforcement officer may carry out any measurement or test of anything which the officer has power under this section to examine.

(4) The power conferred by subsection (3) includes power to take a sample from any live animal or plant.

(5) For the purposes of exercising any power conferred by this section, a marine enforcement officer may, so far as is reasonably necessary for the purpose, break open any container or other locked thing.

(6) Where a marine enforcement officer is exercising a power of inspection conferred by section 134, 135 or 136, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under the person's control as the officer considers would facilitate the exercise of any power conferred by this section.

(7) Where a marine enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require the person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by this section.

(8) Nothing in this section confers any power to search a person.

(9) The reference in subsection (1) to anything that is in or on the relevant premises includes a reference to—

(a) anything that is attached to or otherwise forms part of the relevant premises,

(b) anything that is controlled from the relevant premises.

(10) In this section—

“animal” includes any eggs, larvae, pupae or other immature stage of an animal,

“item” includes—any document or record (in whatever form it is held),any animal or plant,

“sample” means a sample of blood, tissue or other biological material.

Power to require production of documents, etc.

139

(1) This section applies where a marine enforcement officer is exercising a power of inspection conferred by section 134, 135 or 136.

(2) The officer may require any person in or on the relevant premises to produce any document or record that is in the person's possession or control.

(3) A reference in this section to the production of a document includes a reference to the production of—

(a) a hard copy of information recorded otherwise than in hard copy form,

(b) information in a form from which a hard copy can readily be obtained.

(4) For the purposes of this section—

(a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning),

(b) information can be read only if—

(i) it can be read with the naked eye,

(ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye.

Powers of seizure, etc.

140

(1) A marine enforcement officer who is exercising a power of inspection conferred by section 134, 135 or 136 may—

(a) seize and detain or remove any item found on the relevant premises,

(b) take copies of or extracts from any document or record found on the relevant premises.

(2) Where a marine enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may seize and detain or remove any item which appears to be in the person's possession or control.

(3) A marine enforcement officer to whom any document or record has been produced in accordance with a requirement imposed under section 139(2) may—

(a) seize and detain or remove the document or record,

(b) take copies or extracts from the document or record.

In this subsection, “document” includes anything falling within paragraph (a) or (b) of section 139(3).

(4) The powers conferred by this section may be exercised only—

(a) for the purposes of determining whether a relevant offence has been committed, or

(b) in relation to an item which a marine enforcement officer reasonably believes to be evidence of the commission of a relevant offence.

(5) Subject to subsection (6), a marine enforcement officer who is exercising a power of inspection conferred by section 134, 135 or 136 may not remove from the relevant premises any item which is required by law to be kept on the relevant premises.

(6) A marine enforcement officer may remove such an item from a vessel while it is being detained in a port.

(7) Nothing in this section confers power on a marine enforcement officer to seize an item which the officer has reasonable grounds to believe would in legal proceedings be protected from disclosure on grounds of confidentiality of communications.

Further provision about seizure

141

(1) Where—

(a) any items which a marine enforcement officer wishes to seize and remove are in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 140 includes power to seize and remove the container.

(2) Where—

(a) any items which a marine enforcement officer wishes to seize and remove are not in a container, and

(b) the officer reasonably considers that it would facilitate the seizure and removal of the items if they were placed in a container suitable for that purpose,

the officer may require the items to be placed into such a container.

(3) If, in the opinion of a marine enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a) the person from whom the item is being seized, or

(b) where the officer is exercising a power of inspection conferred by section 134, 135 or 136, any person in or on the relevant premises,

to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.

(4) Where a marine enforcement officer is exercising a power of inspection conferred by section 134, 135 or 136, the officer may require any person in or on the relevant premises to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise of any power conferred by section 140 or this section.

(5) Where a marine enforcement officer reasonably believes that a person is or has been carrying on a relevant activity, the officer may require that person to afford such facilities and assistance with respect to matters under that person's control as the officer considers would facilitate the exercise in relation to that person of any power conferred by section 140 or this section.

(6) In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c.16) (powers of seizure to which section 50 applies), after paragraph 73L (inserted by section 253(7) of the 2009 Act) insert—

(73M) Each of the powers of seizure conferred by section 140(1) and (3) of the Marine (Scotland) Act 2010.

Retention of seized items

142

(1) This section applies to any item seized in the exercise of a power conferred by section 140.

(2) The item may be retained so long as is necessary in all the circumstances and in particular—

(a) for use as evidence at a trial for a relevant offence,

(b) for forensic examination or for investigation in connection with a relevant offence.

(3) No item may be retained for either of the purposes mentioned in subsection (2) if a photograph or a copy would be sufficient for that purpose.

Miscellaneous and ancillary common enforcement powers

Power to record evidence of offences

143

(1) A marine enforcement officer may use any device for the purpose of taking visual images of anything which the officer believes is evidence of the commission of a relevant offence.

(2) The power conferred by this section is exercisable in relation to anything that—

(a) is in or on,

(b) is attached to or otherwise forms part of,

any vessel, marine installation, premises or vehicle.

(3) The officer may require any person in or on the vessel, marine installation, premises or vehicle to afford such facilities and assistance with respect to matters under the person's control as the officer considers would facilitate the exercise of the power conferred by this section.

Power to require name and address

144

Where a marine enforcement officer reasonably believes that a person has committed a relevant offence, the officer may require the person to provide the person's name and address.

Power to require production of licence, etc.

145

(1) Where a marine enforcement officer reasonably believes that—

(a) a person is or has been carrying on a relevant activity, and

(b) the person requires a licence or other authority to carry on the activity,

the officer may require the person to produce the licence or other authority.

(2) If the person is unable to produce the licence or other authority when required to do so, the person must produce it at such place, and within such period of time, as the officer may specify.

Power to require attendance of certain persons

146

(1) Where a marine enforcement officer has—

(a) boarded a vessel or marine installation,

(b) entered any premises,

for the purpose of carrying out any relevant functions, the officer may require the attendance of any of the persons mentioned in subsection (2).

(2) The persons are—

(a) the person who is for the time being in charge of the vessel or marine installation,

(b) any other person who is on board the vessel or marine installation,

(d) any person who is on the premises.

Power to direct vessel or marine installation to port

147

(1) Where a marine enforcement officer—

(a) considers that it would not be reasonably practicable to exercise a power which the officer wishes to exercise in relation to a vessel or marine installation without detaining it in a port, or

(b) reasonably believes that—

(i) a vessel or marine installation is itself evidence of the commission of a relevant offence, and

(ii) the only reasonably practicable way to preserve the evidence is to detain the vessel or marine installation in a port,

the officer may do any of the things in subsection (2).

(2) The things are—

(a) take, or arrange for another person to take, the vessel or marine installation and its crew to the port which appears to the officer to be the nearest convenient port,

(b) require the person who is for the time being in charge of the vessel or marine installation to take it and its crew to that port.

(3) When the vessel or marine installation has been taken to a port, the officer may—

(a) detain it there,

(b) require the person for the time being in charge of it to do so.

(4) A marine enforcement officer who detains a vessel or marine installation under this section must serve a notice on the person who is for the time being in charge of it.

(5) The notice must state that the vessel or marine installation is to be detained until the notice is withdrawn.

(6) A notice served under subsection (4) may be withdrawn by service of a further notice signed by any marine enforcement officer.

Assistance, etc.

148

(1) To assist in carrying out any relevant functions, a marine enforcement officer may bring—

(a) any other person,

(b) any equipment or materials.

(2) A person who is brought by a marine enforcement officer to provide assistance may exercise any powers conferred by this Act which the officer may exercise, but only under the supervision or direction of the officer.

Power to use reasonable force

149

(1) A marine enforcement officer may use reasonable force, if necessary, in the exercise of any power conferred by this Act.

(2) A person assisting a marine enforcement officer under section 148 may use reasonable force, if necessary, in the exercise of any power conferred by this Act.

Licensing: further enforcement powers

Power to require information relating to certain substances and objects

150

(1) A marine enforcement officer may require any person—

(a) to give details of any substance or objects on board a vehicle, vessel, aircraft or marine structure,

(b) to give information concerning any substances or objects lost from a vehicle, vessel, aircraft or marine structure.

(2) A statement made by a person in response to a requirement made under this section may not be used against the person in criminal proceedings in which the person is charged with an offence to which this subsection applies.

(3) Subsection (2) applies to any offence other than an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (statements made otherwise than on oath).

(4) In this section, “vessel” has the same meaning as in section 64(1).

Duties of marine enforcement officers

Duty to provide evidence of authority where a person is present

151

(1) Where one or more persons are present at the time a marine enforcement officer intends to exercise a power conferred by this Part, the officer may exercise the power only after complying with subsection (2) or, as the case may be, (3).

(2) Where one person is present at that time, the officer must produce to the person evidence that the officer is authorised to exercise the power.

(3) Where more than one person is present at that time, the officer must produce such evidence to the person who appears to the officer to have the greatest interest of those present in the exercise of the power, and is not required to produce it to any other person present.

Duty to state name and purpose, etc.

152

(1) Before exercising any power conferred by this Part, a marine enforcement officer must if requested to do so give the information mentioned in subsection (3).

(2) Before exercising any power conferred by this Part, any person assisting a marine enforcement officer by virtue of section 148 must, if requested to do so, give the information mentioned in paragraph (b) and (c) of subsection (3).

(3) The information is—

(a) the person's name,

(b) the power the person is proposing to exercise,

(4) A person may exercise a power conferred by this Part only if the person complies with the duty imposed by subsection (1) or (as the case may be) that imposed by subsection (2).

Disapplication of sections 151 and 152 in relation to dwellings

153

Sections 151 and 152 do not apply as regards the exercise by a marine enforcement officer of any power conferred by this Part in relation to entry to a dwelling. (Schedule 3 makes specific provision in relation to the exercise of warrants under section 137 authorising a marine enforcement officer to enter a dwelling, in particular in paragraphs 6 to 9).

Liability of marine enforcement officers

154

(1) A person mentioned in subsection (2) is not to be liable in any civil or criminal proceedings for anything done (or omitted to be done) in or in connection with the discharge or purported discharge of the person's functions under this Act.

(2) The persons are—

(a) any marine enforcement officer,

(b) any person assisting a marine enforcement officer by virtue of section 148.

(3) Subsection (1) does not apply—

(a) if the act or omission is shown to have been in bad faith,

(b) if the act was carried out without reasonable skill or care,

(d) so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c.42) (acts of public authorities incompatible with Convention rights).

Offences in relation to marine enforcement officers

155

(1) A person commits an offence if the person—

(a) fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a marine enforcement officer in the exercise of any power conferred by the Act,

(b) prevents any other person from complying with any such requirement or direction.

(2) But a person does not commit an offence by reason of a failure to comply with a requirement under section 145(1) (to produce a licence or other authority for the carrying on of a relevant activity) if the person complies with section 145(2) (production of licence or other authority at a place and within a period specified by the marine enforcement officer).

(3) A person who provides information in pursuance of a requirement reasonably made by a marine enforcement officer in the exercise of the power conferred by section 150 (requiring information relating to certain substances or objects) commits an offence if—

(a) the information is false in a material particular and the person—

(i) knows that it is,

(ii) is reckless as to whether it is,

(b) the person intentionally fails to disclose any material particular.

(4) A person who intentionally obstructs a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.

(5) A person who assaults a marine enforcement officer in the performance of any of the officer's functions under this Act commits an offence.

(6) A person who, with intent to deceive, falsely pretends to be a marine enforcement officer commits an offence.

(7) A person who is guilty of an offence under subsection (1), (3) or (6) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(8) A person who is guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20,000.

(9) A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.

(10) In this section, any reference to a marine enforcement officer includes a reference to a person assisting a marine enforcement officer by virtue of section 148.

General

156

The powers conferred on a marine enforcement officer by this Part are without prejudice to any powers exercisable by the officer apart from the Part.

Interpretation of Part 7

157

(1) In this Part—

“justice” means a sheriff, stipendiary magistrate or justice of the peace,

“marine enforcement officer” means a person appointed as such an officer by the Scottish Ministers,

“premises” includes land, but does not include any vehicle, vessel or marine installation,

“relevant activity” in relation to a marine enforcement officer, means any activity in respect of which the officer has functions,

“relevant function” in relation to a marine enforcement officer, means any function of the officer,

“relevant offence” in relation to such an officer, means any offence in respect of which the officer has functions,

“the relevant premises”, in relation to such an officer exercising a power of inspection conferred by section 134, 135 or 136, means the vessel, marine installation, premises or vehicle in relation to which the power is being exercised.

(2) In this Part, except where otherwise provided, any reference to a vessel includes a reference to—

(a) any ship or boat or any other description of vessel used in navigation,

(b) any hovercraft, submersible craft or other floating craft,

but does not include a reference to anything that permanently rests on, or is permanently attached to, the seabed.

Part 8 — Sea fisheries

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

158

(1) The modifications to the Sea Fish (Conservation) Act 1967 (c.84) made by Chapter 1 of Part 7 of, and Schedules 15 and 22 to, the 2009 Act, except those mentioned in subsection (2), extend to Scotland.

(2) The modifications made by sections 194(4) and (5), 196 and 198(3) of, and paragraph 1(4) of Schedule 15 to, the 2009 Act do not extend to Scotland.

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

159

(1) Section 22A (application to Scotland) of the Sea Fish (Conservation) Act 1967 is modified as follows.

(2) In subsection (2) after “sections” insert “ 1(3B) and (9), 5(8), ”.

(3) After subsection (2) insert—

(2A) In section 1— (a) for subsections (3) and (3A) substitute— (3B) Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the Scottish Ministers must not be carried, whether within or outside the Scottish zone, on a Scottish fishing boat; and an order under this subsection may prohibit the carrying by a relevant British fishing boat or a foreign vessel in the Scottish zone of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description. (b) in subsection (8) for “(3)” substitute “ (3B) ”, (c) for subsection (9) substitute— (9) In this section— - “foreign vessel” means any vessel other than a relevant British fishing boat or a Scottish fishing boat, - “relevant British fishing boat” means a vessel, other than a Scottish fishing boat, which— 1. is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c.21), or 2. is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act. (2B) In section 3— (a) in subsection (2A) for “adjacent to England and Wales” substitute “ of the United Kingdom adjacent to Scotland ”, (b) for subsection (2B) substitute— (2B) In subsection (2A) above— (a) the Scottish Ministers are “the appropriate national authority”, (b) the boundaries between the parts of the territorial sea of the United Kingdom adjacent to Scotland and the parts not so adjacent are to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c.46) to the extent that the Order in Council is expressed to apply for the purposes of that Act.

(4) For subsection (6) substitute—

(6) In section 5— (a) in subsection (1), for “appropriate national authority” substitute “ Scottish Ministers ”, (b) for subsection (8) substitute— (8) An order under this section may make provision— (a) applying to Scottish fishing boats whether within or outside the Scottish zone, (b) in any other case, applying to fishing boats within the Scottish zone.

(5) After subsection (9) insert—

(9A) In section 11(1)(a), for “4(3), (6) or (9A)” substitute “4(3) or (6)

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

160

(1) In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c.83) (“the 1967 Act”) (power to make orders as to fisheries for shellfish), omit subsection (4).

(2) The modifications made to that section by section 203 of the 2009 Act (variation etc. of orders as a result of development) extend to Scotland.

(3) In paragraph 6 of schedule 1 to the 1967 Act—

(a) the existing provision is renumbered as sub-paragraph (1), and

(b) after that sub-paragraph insert—

(2) Where the proposed order relates to any portion of the sea shore belonging to Her Majesty in right of the Crown, the appropriate Minister must also have regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961 (c.55).

Further modifications relating to Sea Fisheries (Shellfish) Act 1967

161

(1) The modifications to the Sea Fisheries (Shellfish) Act 1967 (c.83) (“the 1967 Act”) made by the following provisions of the 2009 Act extend to Scotland—

(a) section 204 (purposes for which tolls from regulated fisheries may be applied),

(b) section 206 (liability of master, etc where vessel used in commission of offence),

(d) section 209 (register of licences in relation to regulated fisheries),

(e) section 210 (protection of private shellfish beds),

(f) section 211(1) and (3) (use of implements of fishing),

(g) section 214 (power to appoint inspector before making orders as to fisheries for shellfish),

(h) Part 5(A) of Schedule 22 (repeals).

(2) In section 1 of the 1967 Act (power to make orders as to fisheries for shellfish), after subsection (14) insert—

(14A) Subsection (14) above has effect in relation to Scotland as if the reference to the Town and Country Planning Act 1990 were a reference to section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8).

(3) In section 7 of the 1967 Act (protection of fisheries), in subsection (4), for “level 3 on the standard scale” substitute “ £50,000 ”.

(4) The modifications to the 1967 Act made by section 214 (power to appoint inspector before making orders as to fisheries for shellfish) of the 2009 Act, other than those made by subsection (2)(b), extend to Scotland.

(5) In paragraph 4(2) of Schedule 1 to the 1967 Act (provisions with respect to making orders as to fisheries for shellfish), for “The appropriate Minister shall” substitute “ The Scottish Ministers may, and in the case of receiving an objection raising a material concern under paragraph 3 above, must ”.

Part 9 — General provisions

Crown application

162

(1) This Act binds the Crown and applies in relation to Crown land as it applies in relation to any other land.

(2) Nothing in Part 4 is to be taken as in any way affecting Her Majesty in her private capacity.

(3) The modifications made by schedule 4 bind the Crown to the extent that the enactments modified bind the Crown.

(4) No contravention by the Crown of any provision made by or under this Act makes the Crown criminally liable.

(5) But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(6) Despite subsection (4), any provision made by or under the provisions of this Act applies to persons in the public service of the Crown as it applies to other persons.

(7) For the purposes of subsection (1), “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

(8) In subsection (7)(a), the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37).

Offences by bodies corporate

163

(1) Where—

(a) an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association,

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the offender is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, the members,

(b) in relation to a Scottish partnership, a partner,

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Ancillary provision

164

(1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of, or for giving full effect to, this Act or any provision of it.

(2) An order under this section may modify any enactment, instrument or document.

Orders and regulations

165

(1) Any power of the Scottish Ministers to make orders or regulations under this Act—

(a) may be exercised so as to make different provision for different purposes,

(b) includes power to make such incidental, consequential, supplemental, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(2) Any power of the Scottish Ministers to make orders or regulations under this Act must be exercised by statutory instrument.

(3) But subsection (2) does not apply to an order made under section 67(1) (order designating a Nature Conservation MPA, a Demonstration and Research MPA or a Historic MPA).

(4) A statutory instrument containing an order or regulations made under this Act (except an order made under section 168(1)) is (except where subsection (5) provides otherwise) subject to annulment in pursuance of a resolution of the Parliament.

(5) A statutory instrument containing—

(a) an order under section 5(5), 21(3) or 32(1),

(b) regulations under section 33(1) or 38(1),

(d) regulations under section 61(1),

(e) an order under section 97(3),

(f) an order under section 164(1) containing provisions which add to, replace or omit any part of the text of an Act,

is not to be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

Interpretation: general

166

(1) In this Act—

“the 2009 Act” means the Marine and Coastal Access Act 2009 (c.23),

“the Conservation (Natural Habitats, &c.) Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),

“European marine site” has the same meaning as in regulation 2(1) of the Conservation (Natural Habitats, &c.) Regulations,

“fish farm” means a place where fish or shellfish (including any kind of crustacean or mollusc) are bred, reared or kept,

“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna or flora (as amended from time to time),

“marine installation” means any artificial island, installation or structure (other than a vessel),

“marine structure” means a platform or other artificial structure at sea, other than a pipeline,

“UK marine area” has the meaning given in section 42 of the 2009 Act,

“the Wild Birds Directive” means Council Directive 79/409/EEC on the conservation of wild birds (as amended from time to time).

(2) The expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in the schedule.

Consequential modifications

167

Schedule 4 makes modifications consequential on the provisions of this Act.

Commencement and short title

168

(1) The provisions of this Act, except this section and sections 1, 2, 19, 64, 65, 66, 106, 133, 157, 165 and 166, come into force on such day as the Scottish Ministers may by order appoint.

(2) This Act may be cited as the Marine (Scotland) Act 2010.

SCHEDULE 1

Scottish Ministers to notify decision to prepare any marine plan

1

(1) Where the Scottish Ministers decide to prepare a national marine plan they must, before beginning to prepare the plan, give notice of their intention to do so—

(a) to any planning authority the district of which adjoins the Scottish marine area,

(b) to the Secretary of State,

(2) Where the Scottish Ministers decide to prepare a regional marine plan they must, before beginning to prepare the plan, give notice of their intention to do so—

(a) to any planning authority the district of which adjoins the Scottish marine region to which the plan is to apply,

(b) where the Scottish marine region to which the plan is to apply adjoins the area of sea within the seaward limits of the territorial sea of the United Kingdom adjacent to England, to the Secretary of State,

(c) where the Scottish marine region to which the plan is to apply adjoins the area of sea within the seaward limits of the territorial sea of the United Kingdom adjacent to Northern Ireland, to the Department of the Environment in Northern Ireland.

(3) In this paragraph—

“adjacent to England” and “adjacent to Northern Ireland”, in relation to areas of sea within the seaward limits of the territorial sea of the United Kingdom, are to be construed in accordance with subsections (4) to (9) of section 322 of the 2009 Act,

“planning authority” and “the district” of a planning authority have the same meaning as in section 1(1) of the Town and Country Planning (Scotland) Act 1997 (c.8).

Interpretation

2

In this schedule—

“consultation draft” is to be read in accordance with paragraph 9,

“interested persons” means—any persons appearing to the Scottish Ministers to be likely to be interested in, or affected by, policies proposed to be included in the national marine plan or (as the case may be) the regional marine plan,members of the general public,

“SPP” means a statement of public participation under paragraph 4 and includes an SPP revised under paragraph 6.

Regional marine plans to be compatible with certain other plans

3

(1) In preparing or amending a regional marine plan for a Scottish marine region (“area A”), the Scottish Ministers must take all reasonable steps to secure that the plan is compatible with any regional marine plan for any Scottish marine region which adjoins area A.

(2) They must also take all reasonable steps to secure that any regional marine plan is compatible with the development plan for any area which adjoins area A.

(3) In this paragraph, “development plan” is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997.

Statement of public participation

4

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Marine (Scotland) Act 2010

Exceptions to offences under section 94, 95 or 96

97

Prohibited act taken in an emergency

98

Marine management schemes

Marine management schemes

99

Review of schemes

100

Marine management schemes: consultation etc.

101

Directions as to making, amending or revocation of schemes

102

Reports to Parliament

Reports to Parliament

103

Licences granted under Wildlife and Countryside Act 1981

Grant of certain licences under Wildlife and Countryside Act 1981

104

Penalties in regulations implementing Habitats Directive

Penalties in regulations implementing the Habitats Directive for the Scottish marine area

105

Interpretation of Part 5

Interpretation of Part 5

106

Part 6 — Conservation of seals

Offence: killing, injuring or taking seals

Offence: killing, injuring or taking seals

107

Exceptions: alleviating suffering

108

Exceptions: licensed activity

109

Seal licences

Seal licences

110

Methods of killing or taking seals under seal licence

111

Seal licence conditions

112

Seal licence reports

113

Variation or revocation of seal licence

114

Seal licence fees

115

Consultation and consent

116

Protection at haul-out sites

Offence: harassment at haul-out sites

117

Seal conservation areas

Seal conservation areas

118

Effect of seal conservation area status: licensing decisions

119

Authorisations to enter land

Power to enter land to obtain information about seals

120

Power to enter land to protect fisheries or fish farms from seals

121

Duty to notify occupier

122

Duty to produce authority

123

Obstructing an authorised person

124

Supplementary

Advice on seal population

125

Police powers: search and seizure

126

Forfeiture

127

Penalties

128

Duty to review seal licensing regime

129

Repeal