The Red Rocks and Longay Urgent Marine Conservation Order 2021

Made: at 11.00 a.m. on 10th March 2021

Laid before the Scottish Parliament: at 3.00 p.m. on 10th March 2021

Coming into force: 17th March 2021

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Citation, commencement and duration in force

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Interpretation

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The protected area

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Prohibited and regulated activities

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Authorisation of particular activities for the purpose of scientific research

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Delegation of authorisation

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Disapplication of exception to the offences under sections 94 and 95 of the Marine (Scotland) Act 2010

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Signed

BEN MACPHERSON — Authorised to sign by the Scottish Ministers — 2021-03-10

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order furthers the stated conservation objectives for the Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021 (“the MPA Order”). The MPA Order designated the Red Rocks and Longay area of the Inner Sound of Skye as a nature conservation marine protected area (“the Red Rocks and Longay MPA”), in order to protect flapper skate (Dipturus intermedius) and their eggs.

This Order is made on an urgent basis under section 88(1) of the Marine (Scotland) Act 2010 (“the 2010 Act”). In accordance with section 88(1)(b) of the 2010 Act, this Order remains in force for a specified period. In accordance with section 88(5) of the 2010 Act, the Scottish Ministers must keep under review the need for this Order to remain in force.

Article 3 describes the area protected by this Order (“the protected area”).

Article 4 prohibits and regulates activities within the protected area.

Article 5 provides that the Scottish Ministers may, in specific circumstances, issue permits authorising activities, which would otherwise be prohibited under article 4, within the protected area.

Article 6 provides that the Scottish Ministers may delegate, by way of direction, the issuing of permits under article 5 to another person or group of persons.

Article 7 provides that section 97(1)(b) (exceptions to offences etc.) of the 2010 Act does not apply in relation to an offence under section 94 of that Act of contravening this Order, or an offence under section 95 of that Act committed in relation to the protected area.

A person who contravenes this Order commits an offence and is liable on summary conviction to a fine of up to £50,000, and on conviction on indictment to an unlimited fine. Section 98 of the 2010 Act provides for a defence to such an offence for acts taken in an emergency.

Impact assessments have not been provided due to the urgent nature of this Order.

An illustrative map showing the Red Rocks and Longay MPA is attached to this note.

Footnotes

[^f00001]: 2010 asp 5.

[^f00002]: The Red Rocks and Longay MPA was designated as a nature conservation marine protected area by, and described in article 3 of, the Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021 (“the MPA Order”). The MPA Order is available at https://www.gov.scot/policies/marine-environment/marine-protected-areas/. The conservation objectives are stated in article 5 of the MPA Order.

[^f00003]: The Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021 was made by the Scottish Ministers in exercise of the powers conferred by sections 67(1)(a), 68, 69 and 79(1) of the Marine (Scotland) Act 2010. By virtue of section 165(3) of that Act that Order is not a Scottish statutory instrument.

Editorial notes