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Marine (Scotland) Act 2010

Schedule 1 – Preparation, Adoption Etc. of Marine Plans Or Any Amendment

263.This schedule sets out the procedure which must be followed when preparing marine plans under section 5.

Scottish Ministers to notify decision to prepare any marine plan

264.Paragraph 1 places a duty on the Scottish Ministers to notify related planning authorities of their intention to prepare a national marine plan or a regional marine plan. Related planning authorities are those whose district adjoins the marine planning area in question. Where the national marine plan or regional marine plans adjoins the area of sea adjacent to England or to Northern Ireland, Scottish Ministers must notify the Secretary of State and/or the Department of the Environment in Northern Ireland of their intention to prepare a marine plan.

Interpretation

265.Paragraph 2 defines terms used in the schedule.

Regional marine plans to be compatible with certain other plans

266.Paragraph 3 indicates that, when preparing or amending a regional marine plan, the Scottish Minsters must ensure the plan is compatible with adjacent regional marine plans and any development plans in the adjacent terrestrial environment.

Statement of public participation

267.Paragraph 4 concerns the preparation and publication of a “Statement of Public Participation” (SPP). This will set out how the Scottish Ministers intend to involve interested parties in the preparation of a national marine plan or regional marine plan.

Further provision about content of an SPP

268.Paragraph 5 states that the SPP must contain a timetable for the various stages of preparing the marine plans or amendments, including how and when representations about the consultation draft should be made.

Review and revision of an SPP

269.Paragraph 6 states that the Scottish Ministers must keep the SPP under review and amend it when necessary to ensure that it meets requirements. If the SPP is revised, it must be published as revised.

Advice and assistance

270.Paragraph 7 allows the Scottish Ministers to seek advice or assistance from anyone with relevant expertise when preparing marine plans. It also allows them to convene advisory and consultative groups to assist in developing and consulting on a draft marine plan.

Matters to which Scottish Ministers are to have regard in preparing marine plans

271.Paragraph 8 sets out a non-exhaustive list of matters to which the Scottish Ministers must have regard in preparing a marine plan. These include conformity of marine plans with any marine policy statement currently in effect for the Scottish marine area unless relevant considerations indicate otherwise, compatibility with adjacent plans, the results of the review required under section 11, the SPP, any representations with regard to the content of the plan, and the powers and duties of the Crown Estate Commissioners.

Preparation and publication of a consultation draft

272.Paragraph 9 requires the Scottish Ministers to prepare a consultation draft of the relevant marine plan and publish it so that interested parties are aware of it and may make representations about it.

Representations about a consultation draft

273.Paragraph 10 allows any person to make representations on the consultation draft in accordance with the SPP. The Scottish Ministers must consider the representations when forming the final text of a marine plan.

Independent investigation

274.Paragraph 11 requires the Scottish Ministers to consider holding an independent investigation into a draft marine plan to look in more detail at the representations made during the consultation period. Paragraph 11(2) details the factors the Scottish Ministers should have regard to when considering whether to carry out an independent investigation. The independent person appointed will consider the representations and make recommendations (which are to be published by the Scottish Ministers).

Matters to which Scottish Ministers are to have regard in settling text with a view to adoption etc.

275.Paragraph 12 details the matters that the Scottish Ministers must have regard to when deciding to adopt and publish a marine plan. These include any recommendations made by any independent investigator appointed under paragraph 11 and the reasons for them.

Laying settled text of draft national marine plan before the Parliament

276.Paragraph 13 requires the Scottish Ministers to lay a copy of the draft national marine plan before the Scottish Parliament to give it the opportunity to pass resolutions about the draft. The period for Parliamentary consideration is 40 days beginning on the day on which a copy of the draft plan is laid before the Parliament. The Scottish Ministers must lay a statement in response to any resolution of the Parliament.

Adoption and publication of marine plan

277.Paragraph 14 sets out the process for the adoption and publication of a marine plan in its final form. The Scottish Ministers adopt a marine plan by making the decision to publish it. Paragraph 14(2) and (3) allows the Scottish Ministers to make changes to a draft marine plan prior to adoption. However, the Scottish Ministers must detail any changes made and the reasons for them. If any recommendations by an independent investigator have not been implemented, Ministers must state the reasons for this. The Scottish Ministers must lay a copy of the adopted national marine plan before the Parliament as soon as possible.

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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