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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

11Duty to keep relevant matters under review

Explanatory NotesShow EN

(1)The Scottish Ministers must keep under review the matters which may be expected to affect the exercise of their functions relating to—

(a)the designation of any area as a Scottish marine region,

(b)the preparation, adoption, amendment or withdrawal of a national marine plan or (as the case may be) a regional marine plan,

(c)keeping under review under section 16 in relation to any such plan the matters in subsection (2) of that section.

(2)The matters include—

(a)as regards a national marine plan—

(i)the physical, environmental, social, cultural and economic characteristics of the Scottish marine area and of the living resources which the area supports,

(ii)the purposes for which any part of the area is used,

(iii)the communications, energy and transport systems for the area,

(iv)any other considerations which may be expected to affect those matters,

(b)as regards a regional marine plan—

(i)the physical, environmental, social, cultural and economic characteristics of the Scottish marine region to which the plan applies and of the living resources which the region supports,

(ii)the purposes for which any part of the region is used,

(iii)the communications, energy and transport systems of the region,

(iv)any other considerations which may be expected to affect those matters.

(3)The matters also include—

(a)any changes which could reasonably be expected to occur in relation to any matter referred to in subsection (2),

(b)as regards a national marine plan, the effect that any such changes may have in relation to the sustainable development of the Scottish marine area, its natural resources, or the living resources dependent on the area,

(c)as regards a regional marine plan, the effect that any such changes may have in relation to the sustainable development of the Scottish marine region to which the plan applies, its natural resources, or the living resources dependent on the region.

(4)The reference—

(a)in subsection (2)(a)(i) to the cultural characteristics of the Scottish marine area includes a reference to characteristics of the area which are of a historic or archaeological nature,

(b)in subsection (2)(b)(i) to the cultural characteristics of a Scottish marine region includes a reference to characteristics of the region which are of a historic or archaeological nature.

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