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Marine (Scotland) Act 2010

Delegation of functions relating to regional marine plans

Section 12 - Delegation of functions relating to regional marine plans

18.Section 12 permits the Scottish Ministers to direct a person they nominate and, one or more of a public authority or a person nominated by a public authority to carry out some of their marine planning functions. The group the Scottish Ministers delegate functions to must as far as is reasonably practicable include persons with an interest in the protection and enhancement of the Scottish marine region, the use of the region for recreational purposes and the use of the region for commercial purposes.

19.Where Scottish Ministers delegate functions to a public authority, they must state the grounds for doing this in preference to a group of persons. The public authority must consult on the exercise of its functions in the marine area with representatives of persons detailed in section 12(5)(b)(i). The Scottish Ministers may give a direction only with the consent of the public body. The delegate must comply with the direction and is taken to have all the necessary powers to carry out the functions. The functions which can be delegated in relation to a regional marine plan are those under sections 5, 8, 11 and 16.

20.Excepted functions are detailed in section 12(8). These are functions which cannot be delegated and these include whether to publish a consultation draft plan or the final regional marine plan.

Section 13 - Directions under section 12:  supplementary provision

21.Section 13 provides further as to directions given under section 12. The Scottish Ministers must publish a direction in such a way as to bring it to the attention of interested parties. For as long as the direction remains in effect, the functions are to be carried out by the public body or unincorporated group acting on behalf of the Scottish Ministers. Section 13(3) sets out how the Scottish Ministers may make exceptions to this rule.

22.Section 13(4) allows the Scottish Ministers to impose terms, conditions, obligations or requirements on the way the public body or unincorporated group carries out the functions delegated to them. It also allows the Scottish Ministers to make financial provisions in connection with the carrying out of functions by the public body or unincorporated group.

23.Section 13(5) allows the Scottish Ministers to delegate their functions differently for different areas or different delegates recognising that different marine regions will have different demands. Section 13(6) allows Scottish Ministers to make grants to a delegate for the exercise of designated functions.

Section 14 - Directions to delegates as regards performance of designated functions

24.Section 14 allows the Scottish Ministers to give further directions to a public authority or unincorporated group setting out how those functions should be performed. The Scottish Ministers must consult the public authority or unincorporated group before giving a direction. The delegate must comply with any directions given. The directions must be published to bring them to the attention of interested parties.

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