Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 7 – Common Enforcement Powers Etc.: Licensing and Marine Protection Etc.

Liability of marine enforcement officers

Section 154 - Liability of marine enforcement officers

216.Section 154 provides as to the liability of marine enforcement officers. Enforcement officers and their assistants are protected from being liable in any civil or criminal proceedings for anything done or not done as a result of carrying out their functions. This exemption from liability does not apply when an enforcement officer acts in bad faith, if the act was carried out without reasonable skill or care, if there were no reasonable grounds for him or her to act in such manner, or if an act was unlawful under the Human Rights Act 1998.