Part 4Marine licensing
Stop notices and emergency safety notices
55Notice to stop activity causing serious harm etc.
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.