Marine (Scotland) Act 2010

92 Authorisation of things prohibited, regulated etc. by a marine conservation order

(1) A marine conservation order may provide for the Scottish Ministers to issue permits authorising anything which would, apart from any such permit, be unlawful under the order.

(2) The Scottish Ministers may attach to any such permit any condition which they consider appropriate.

(3) A marine conservation order may, in so far as it applies to a Historic MPA, also provide for the Scottish Ministers—

(a) by direction issued to any persons (or categories of persons) specified in the order to authorise the doing by the persons of anything (or any category of thing) specified in the direction which would, apart from the direction, be unlawful under the order,

(b) by direction issued generally to authorise the doing by any person of any thing or category of thing specified in the order which would, apart from the direction, be unlawful under the order.

(4) A direction under subsection (3) may attach to any authorisation given by it any condition which the Scottish Ministers consider appropriate.

(5) Any provision in a marine conservation order of the kind referred to in this section may include provision for the procedure to apply in relation to the making of applications, and the determination of applications, for such permits or authorisations.