Search Legislation

Marine (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

Special provision for certain cases

35Special procedure for applications relating to certain electricity works

(1)This section applies where—

(a)a person who proposes to carry out an activity must first make both—

(i)an application for a marine licence, and

(ii)an application for consent under section 36 of the Electricity Act (consent for construction etc. of generating stations) (a “generating station application”) in relation to the activity or other works to be undertaken in connection with the activity,

(b)the person makes both applications, or one of them, and

(c)the Scottish Ministers—

(i)decide that both applications are to be considered together and, as the case may be, if only one of the applications has been made that it is not to be considered without the other, and

(ii)give the person notice of their decision.

(2)Both of the applications are to be considered together; but this is subject to any provision that may be made in an order under subsection (3).

(3)The Scottish Ministers may by order do any of the following—

(a)provide that such procedural provisions of this Part as are specified in the order are not to apply to the person’s application for the marine licence,

(b)provide that such procedural provisions of the Electricity Act as are so specified are to apply to the application instead,

(c)modify the procedural provisions of the Electricity Act in their application to the marine licence by virtue of paragraph (b),

(d)in relation to cases where the Scottish Ministers come to the conclusion that either the application for the marine licence or the generating station application is not going to be made, make additional provision modifying either—

(i)such procedural provisions of this Part as are specified in the order, or

(ii)such procedural provisions of the Electricity Act as are specified in the order.

(4)In this section—

  • “the Electricity Act” means the Electricity Act 1989 (c.29),

  • “procedural provisions” means any provisions for or in connection with the procedure for determining an application.

36Electronic communications apparatus

(1)The Scottish Ministers must not issue a licence to carry out any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 (c.12) (works in connection with electronic communications apparatus) unless they are satisfied that adequate compensation arrangements have been made.

(2)For the purposes of subsection (1), adequate compensation arrangements are adequate arrangements for compensating any persons who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised, for any loss or damage sustained by those persons in consequence of the activity being carried out.

37Submarine cables

(1)This section applies where a stretch of exempt submarine cable—

(a)is proposed to be laid,

(b)is in the course of being laid,

(c)has been laid,

beyond the seaward limits of the territorial sea.

(2)The Scottish Ministers must grant any application made to them for a marine licence for the carrying on of a licensable marine activity in the course of laying any stretch of the cable in the Scottish marine area.

(3)The Scottish Ministers have the same powers to attach conditions to a marine licence granted by virtue of subsection (2) as they have in relation to any other marine licence (see section 29(1) to (3)).

(4)Nothing in this Part applies to anything done in the course of maintaining any stretch of the cable in the Scottish marine area.

(5)For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—

(a)the exploration of the UK sector of the continental shelf,

(b)the exploitation of the natural resources of that sector,

(c)the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom,

(d)the prevention, reduction or control of pollution from pipelines.

(6)In this section—

  • “natural resources” means—

    (a)

    the mineral and other non-living resources of the sea bed and subsoil, together with

    (b)

    living organisms belonging to sedentary species,

  • “living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either—

    (a)

    immobile on or under the sea bed, or

    (b)

    unable to move except in constant physical contact with the sea bed or the subsoil,

  • “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c.29).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources