- Latest available (Revised)
- Point in Time (30/06/2014)
- Original (As enacted)
No versions valid at: 30/06/2014
Point in time view as at 30/06/2014. This version of this provision is not valid for this point in time.
Regulatory Reform (Scotland) Act 2014, Section 54 is up to date with all changes known to be in force on or before 24 September 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 26/02/2015
(1)The Marine (Scotland) Act 2010 is amended as follows.
(2)In section 38 (appeals against licensing decisions), after subsection (3) add—
“(4)The duty in subsection (1) does not apply in relation to a decision under section 29 to which section 63A applies.”.
(3)After section 63, insert—
(1)If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section.
(2)The grounds are that—
(a)the decision is not within the powers of the Scottish Ministers under this Part,
(b)one or more of the relevant requirements have not been complied with in relation to the decision.
(3)This section applies to—
(a)a decision to cause, or not to cause, an inquiry to be held under section 28(1) in connection with the Scottish Ministers' determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and
(b)a decision under section 29 in relation to an application for a marine licence to carry on such an activity.
(4)An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken.
(5)On an application under this section, the Inner House of the Court of Session—
(a)may suspend the decision until the final determination of the proceedings,
(b)may quash the decision either in whole or in part if satisfied that—
(i)the decision in question is not within the powers of the Scottish Ministers under this Part, or
(ii)the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision.
(6)In this section—
“generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations);
“the relevant requirements” in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.
(1)No proceedings may be taken in respect of an application under section 63A(1) unless the Inner House of the Court of Session has granted permission for the application to proceed.
(2)The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—
(a)the applicant can demonstrate a sufficient interest in the subject matter of the application, and
(b)the application has a real prospect of success.
(3)The Court may grant permission under subsection (1) for an application to proceed—
(a)subject to such conditions as the Court thinks fit, or
(b)only on such of the grounds specified in the application as the Court thinks fit.”.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: