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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

55Notice to stop activity causing serious harm etc.

This section has no associated Explanatory Notes

(1)If it appears to the Scottish Ministers that subsection (3) is satisfied in relation to a person carrying on an activity, they may issue a stop notice to the person.

(2)A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.

(3)This subsection is satisfied if—

(a)a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence),

(b)the carrying on of the activity to be specified in the notice—

(i)is causing or is likely to cause any of the effects in subsection (4), or

(ii)is creating or is likely to create an imminent risk of any of those effects.

(4)The effects are—

(a)serious harm to the environment,

(b)serious harm to human health,

(c)serious interference with legitimate uses of the sea.

(5)A stop notice (in addition to specifying the activity to which it relates)—

(a)must state the Scottish Ministers’ grounds for believing that subsection (3) is satisfied,

(b)must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case),

(c)may require the person to take such steps as the Scottish Ministers consider appropriate to ensure that the cessation of the activity takes place safely.

(6)Except in a case falling within subsection (8), a stop notice—

(a)ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but

(b)may be renewed for a period specified in a further notice.

(7)A stop notice may be renewed more than once under subsection (6)(b), but not so that it has effect for a total period exceeding 35 days.

(8)If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising the activity, the notice may remain in force until such time (if any) as such a licence is granted to the person.

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