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The Marine (Scotland) Act 2010 (Commencement No. 1) Order 2010

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Scottish Statutory Instruments

2010 No. 230 (C. 12)

Marine Management

Nature Conservation

The Marine (Scotland) Act 2010 (Commencement No. 1) Order 2010

Made

9th June 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 165(1)(a) and 168(1) of the Marine (Scotland) Act 2010(1).

Citation and interpretation

1.—(1) This Order may be cited as the Marine (Scotland) Act 2010 (Commencement No. 1) Order 2010.

(2) In this Order, “the Act” means the Marine (Scotland) Act 2010.

Appointed days

2.  1st July 2010 is appointed as the day for the coming into force of the following provisions of the Act:—

(a)sections 3 to 18;

(b)sections 67 to 105;

(c)section 131(4);

(d)section 132;

(e)sections 134 to 149;

(f)sections 151 to 156;

(g)sections 162 to 164; and

(h)section 167, so far as relating to paragraphs 5 to 9 of schedule 4.

3.  1st September 2010 is appointed as the day for the coming into force of the following provisions of the Act:—

(a)sections 110 to 112;

(b)sections 114 to 116;

(c)section 120;

(d)sections 122 to 125; and

(e)section 128(4).

4.  31st January 2011 is appointed as the day for the coming into force of the following provisions of the Act:—

(a)sections 107 to 109;

(b)section 113;

(c)sections 117 to 119;

(d)section 121;

(e)sections 126 and 127;

(f)section 128(1) to (3); and

(g)sections 129 and 130.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th June 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first commencement order made in respect of the Marine (Scotland) Act 2010 (“the Act”).

Article 2 brings certain provisions of the Act into force on 1st July 2010. The provisions are in the following Parts of the Act – Part 2 (general duties), Part 3 (marine planning), Part 5 (marine protection and enhancement), Part 7 (common enforcement powers) and Part 9 (general provisions).

Articles 3 and 4 deal with commencement of Part 6 of the Act (conservation of seals). Some of the provisions in Part 6 are brought into force on 1st September 2010, with the remainder coming into force on 31st January 2011.

the Act received Royal Assent on 10th March 2010 and the following provisions came into force on that date – sections 1, 2, 19, 64 to 66, 106, 133, 157, 165, 166 and 168.

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