Search Legislation

Marine (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Marine (Scotland) Act 2010, Section 97 is up to date with all changes known to be in force on or before 11 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

97Exceptions to offences under section 94, 95 or 96S

This section has no associated Explanatory Notes

(1)A person is not guilty of an offence under section 94, 95, or 96 if the act which is alleged to constitute the offence—

(a)was an exercise of functions carried out in accordance with section 82(2) by a public authority,

(b)was expressly authorised by an authorisation granted by a public authority or was necessarily incidental to an act so authorised (and this paragraph is not disapplied in relation to the offence by virtue of section 85(4)(a)),

(c)was done in accordance with—

(i)a permit of the kind described in section 92(1), or

(ii)an authorisation of the kind described in section 92(3),

(d)was necessary—

(i)in the interests of national security,

(ii)in the interests of the prevention or detection of crime,

(iii)for securing public health.

(2)It is a defence for a person who is charged with an offence under section 95 or 96 to show that—

(a)the act which is alleged to constitute the offence was—

(i)an act done for the purpose of, and in the course of, sea fishing, or

(ii)an act done in connection with such an act, and

(b)the effect of the act on the protected feature or (as the case may be) the marine historic asset in question could not have reasonably been avoided.

(3)The Scottish Ministers may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (2).

(4)For the purposes of this section, “act” includes omission.

Modifications etc. (not altering text)

C1S. 97(1)(b) excluded (temp. until 30.9.2015) (1.10.2014) by The South Arran Marine Conservation Order 2014 (S.S.I. 2014/260), arts. 1, 6

C2S. 97(1)(b) excluded (temp. until 18.8.2016) (18.8.2015) by The Wester Ross Marine Conservation Order 2015 (S.S.I. 2015/302), arts. 1(1)(2), 5

Commencement Information

I1S. 97 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources