Search Legislation

The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Electronic Communications Code

This sectionnoteType=Executive Note has no associated

9.  (1)  In this article—

(a)“the Code” means the Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984(1);

(b)“communications approval” means an approval under paragraph 11 of the Code(2).

(2) Paragraphs (3) to (5) apply to any communications approval (“a qualifying approval”)—

(a)which is in effect immediately before 6th April 2011, and

(b)which relates to any works, falling within sub-paragraph (3) or (4) of paragraph 11 of the Code, the execution of which on or after that date is a licensable marine activity.

(3) A qualifying approval has effect on and after 6th April 2011 as if it were a marine licence granted by the Scottish Ministers in relation to the licensable marine activity (“a deemed marine licence”).

(4) If the qualifying approval was given for a specified period, the deemed marine licence is to remain in force (subject to the provisions of Part 4 of the Act) for so much of that period as falls after the transitional date.

(5) If, by virtue of paragraph 11(5) of the Code, the qualifying approval was given subject to a condition, the deemed marine licence has effect as if the condition were a condition attached to the deemed marine licence.

(6) Any application for a communications approval—

(a)which was submitted before 6th April 2011, and

(b)which relates to an activity which, on or after that date, is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the Scottish Ministers in relation to that activity.

(2)

Parts of paragraph 11 are repealed by the Marine and Coastal Access Act 2009, Schedule 22, Part 2.

Back to top

Options/Help

Print Options

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

Opening Options

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

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

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 enactedversion 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

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 made 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