Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 3 – Marine Planning

Delegation of functions relating to regional marine plans

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.