Schedules

Schedule 8Licensing: minor and consequential amendments

Part 1Consequential amendments

The Food and Environment Protection Act 1985

I12

1

The Food and Environment Protection Act 1985 (c. 48) is amended as follows.

2

In section 5 (requirement for licences)—

a

in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

b

omit paragraph (b);

c

in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

d

omit paragraph (e)(ii) and the preceding “or”;

e

in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”;

f

in paragraph (g), for “the United Kingdom” substitute “ Scotland ”;

g

in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

3

In section 6(1) (requirements for licences for incineration at sea etc)—

a

in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;

b

omit paragraph (a)(ii) and the preceding “or”;

c

in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.

4

In section 7A (exclusion of Part 2 for certain purposes)—

a

in subsection (4), for paragraphs (a) and (b) substitute “ the Scottish inshore region. ”;

b

omit subsection (5).

5

In section 8 (licences)—

a

in subsection (4)(b), for “United Kingdom waters” substitute “ the Scottish inshore region ”;

b

in subsection (6), omit “evidence, and in Scotland”.

6

In section 9 (licensing offences)—

a

in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “ , (4) ”;

b

omit subsections (5) to (7).

7

In section 11 (enforcement powers)—

a

in subsection (2)—

i

in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;

ii

for paragraphs (b) and (c) substitute—

b

vessels, aircraft, hovercraft and marine structures in Scotland or within the Scottish inshore region,

b

in subsection (3), for paragraphs (a) and (b) substitute “ any vessel within the Scottish inshore region ”.

8

In section 21 (offences) omit subsection (8).

9

In section 24(1) (interpretation)—

a

omit the definition of “adjacent to Scotland”;

b

omit the definition of “Gas Importation and Storage Zone”;

c

in the definition of “licensing authority”—

i

omit paragraph (a);

ii

in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “ waters within the Scottish inshore region ”;

iii

in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “ the Scottish inshore region ”;

iv

in paragraph (b)(iii), omit “and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately”;

d

after the definition of “plants” insert—

“Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);

e

omit the definitions of “United Kingdom waters” and “United Kingdom controlled waters”.