Marine (Scotland) Act 2010

SupplementaryS

125Advice on seal populationS

The Scottish Ministers must have regard to any advice about the management of seal populations which is given to them by [F1United Kingdom Research and Innovation].

Textual Amendments

F1Words in s. 125 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 25; S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Commencement Information

I1S. 125 in force at 1.9.2010 by S.S.I. 2010/230, art. 3(d)

126Police powers: search and seizureS

A constable may stop any person who the constable suspects with reasonable cause of committing an offence under this Part and may—

(a)without warrant, search any vehicle or vessel which the constable reasonably believes to have been used in connection with the commission of the offence,

(b)seize any seal, seal skin or other thing liable to be forfeited under section 127.

Commencement Information

I2S. 126 in force at 31.1.2011 by S.S.I. 2010/230, art. 4(e)

127ForfeitureS

The court by which a person is convicted of an offence under this Part may order the forfeiture of—

(a)any seal or seal skin in respect of which the offence was committed, or

(b)any thing which the person possessed or controlled at the time of the offence which was capable of being used in connection with the offence.

Commencement Information

I3S. 127 in force at 31.1.2011 by S.S.I. 2010/230, art. 4(e)

128PenaltiesS

[F2(A1)A person guilty of an offence under section 107 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).]

(1)A person guilty of an offence under section F3... 117 is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(2)A person guilty of an offence under section 108(4) is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(3)A person guilty of an offence under section 112(5) or 113(4) is liable, on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under section 124 is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

Textual Amendments

Commencement Information

I4S. 128(1)-(3) in force at 31.1.2011 by S.S.I. 2010/230, art. 4(f)

I5S. 128(4) in force at 1.9.2010 by S.S.I. 2010/230, art. 3(e)

129Duty to review seal licensing regimeS

(1)The Scottish Ministers must review and publish a report on the operation of the seal licensing regime—

(a)within 5 years of section 110 coming into force, and

(b)within each subsequent period of 5 years beginning with the publication of a report.

(2)When carrying out a review, the Scottish Ministers must—

(a)have regard to such scientific evidence on seal biology, welfare and behaviour, and on such other matters, as they consider relevant, and

(b)consult [F4United Kingdom Research and Innovation] and such other persons as they consider appropriate.

(3)The Scottish Ministers must have regard to their most recent report when performing functions under the seal licensing regime.

(4)In this section, “seal licensing regime” means the provisions of this Part relating to seal licences.

Textual Amendments

F4Words in s. 129(2)(b) substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 25; S.I. 2018/241, reg. 2(t) (with transitional and savings provisions in S.I. 2018/245, regs. 2, 3, 26)

Commencement Information

I6S. 129 in force at 31.1.2011 by S.S.I. 2010/230, art. 4(g)

130RepealS

The Conservation of Seals Act 1970 (c.30) is repealed.

Commencement Information

I7S. 130 in force at 31.1.2011 by S.S.I. 2010/230, art. 4(g)