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Marine (Scotland) Act 2010

Authorisation of things prohibited, regulated etc. by marine conservation orders

Section 92 - Authorisation of things prohibited, regulated etc. by a marine conservation order

147.Section 92 sets out mechanisms for authorisation of things prohibited, regulated etc. by a marine conservation order. Under section 92(1), Scottish Ministers may issue a permit and under section 92(2) they may attach any condition to the permit that they consider appropriate. In the case of Historic MPAs, section 92(3) allows for an MCO applying to a Historic MPA to provide that the Scottish Ministers can authorise by direction the carrying out of certain activities or operations that would otherwise be unlawful and to attach any conditions they consider appropriate.

Section 93 - Delegation of issuing permits or authorisations

148.Section 93 allows for an MCO to provide that Scottish Ministers can delegate the issuing of permits or authorisations to third parties. By way of illustration, this would allow charter boat operators or community associations authorised by Scottish Ministers to themselves authorise visitor access to Historic MPAs providing that certain conditions had been met, thereby avoiding the need for each visitor to obtain individual authorisation from the Scottish Ministers.

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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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