Search Legislation

Marine (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Consultation, urgent designation, representations etc.

 Help about opening options

Alternative versions:

Changes to legislation:

Marine (Scotland) Act 2010, Cross Heading: Consultation, urgent designation, representations etc. is up to date with all changes known to be in force on or before 16 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Consultation, urgent designation, representations etc.S

75Publicity and consultation etc. before designationS

(1)Before making a designation order (or an order amending or revoking any such order), the Scottish Ministers must (except where section 77 provides otherwise)—

(a)publish notice of their proposal to make the order,

(b)consult such persons as they consider are likely to be interested in or affected by the making of the order—

(i)including, in particular, any local authority whose area is adjacent to the likely boundaries of the area proposed to be designated,

(ii)including those specified by virtue of section 27(4)(a).

(2)Notice under subsection (1)(a) must—

(a)be published in such manner as the Scottish Ministers consider is most likely to bring the proposal to the attention of any persons likely to be affected by the making of the order,

(b)contain a statement of the terms of the proposed order,

(c)indicate where a plan or chart identifying the area's boundaries can be obtained or inspected.

Commencement Information

I1S. 75 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

76Publicity in relation to designation ordersS

(1)This section applies where the Scottish Ministers have made a designation order (or an order amending or revoking any such order).

(2)The Scottish Ministers must publish notice of the making of the order.

(3)The notice under subsection (2) must—

(a)be published in such a manner as the Scottish Ministers consider is most likely to bring the order to the attention of any persons likely to be affected by the making of it,

(b)give an address at which a copy of the order may be inspected.

(4)The Scottish Ministers must—

(a)make a copy of the order available for inspection at the address specified under subsection (3)(b) at all reasonable hours,

(b)provide a copy of the order to any person who requests one.

(5)The Scottish Ministers may charge a fee, not exceeding their expenses, for providing a copy under subsection (4)(b).

Commencement Information

I2S. 76 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

77Urgent designationS

(1)In any case where the Scottish Ministers consider there is an urgent need to protect the area proposed to be designated or (as the case may be) to protect a marine historic asset within the area (and so an urgent need to make a designation order)—

(a)they need not publish notice of their proposals under section 75(1)(a) or consult under section 75(1)(b),

(b)the order remains in force for such period, not exceeding 2 years, as is specified in it (but any order that specifies a period in excess of 6 months must be reviewed by the Scottish Ministers after 6 months has elapsed to assess whether it is still required).

(2)Upon expiration of the order, the Scottish Ministers may not re-designate the area (or any part of it) without—

(a)publishing notice of their proposals under section 75(1)(a),

(b)consulting under section 75(1)(b).

Commencement Information

I3S. 77 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

78Representations and hearing in relation to proposed designation orderS

(1)The Scottish Ministers may, before deciding whether to make a designation order (or an order amending or revoking any such order), give any person the opportunity of making oral or written representations to them or to any person appointed by them for that purpose at a hearing.

(2)The Scottish Ministers may make regulations providing for the procedure to be followed (including decisions as to expenses) at any hearing held under subsection (1).

Commencement Information

I4S. 78 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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 Government 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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