The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020

Marine licences subject to variation, suspension or revocation procedure – appeals

9.—(1) This paragraph applies where—

(a) a person to whom the Scottish Ministers have issued a notice under section 30(1), (2) or (3) of the Act appeals against the notice in accordance with regulation 4 of the 2011 Regulations, and

(b) the appeal is—

(i) made on or after 9 November 2020, or

(ii) made before 9 November but the appeal procedure is not concluded before that date.

(2) Where paragraph (1) applies and—

(a) the sheriff—

(i) determines that the notice is withdrawn,

(ii) determines that a requirement contained in the notice is withdrawn,

(iii) confirms the notice or any requirement contained in it,

(iv) varies the notice or any requirement contained in it,

the relevant date for the marine licence to which the notice relates is the later of 30 November 2020 and the date on which the appeal procedure is concluded,

(b) the sheriff remits the decision on whether to confirm the notice, or any matter relating to that decision, to the Scottish Ministers and—

(i) the Scottish Ministers decide to confirm the notice or to withdraw a requirement in the notice, the relevant date for the marine licence to which the notice relates is the later of 30 November 2020 and the date on which the appeal procedure is concluded,

(ii) the Scottish Ministers decide to withdraw the notice, the relevant date for the marine licence to which the notice relates is the later of 30 November 2020 and the date of withdrawal.

(3) For the purposes of this article, the appeal procedure is concluded on the date on which—

(a) the marine licence to which the notice relates has been varied, suspended or revoked pursuant to that notice, in accordance with sections 30(1) to (6) and 31(1) to (5) of the Act, or

(b) the notice is withdrawn,

following determination of the appeal under regulation 6 of the 2011 Regulations.