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Marine (Scotland) Act 2010

Schedule 4 – Consequential Modifications

Part 1 - Marine Licensing

296.Paragraph 1 repeals Part II and section 49(2A) of the Coast Protection Act 1949. This repeal is consequential on the new licensing regime in Part 4 of the Act.

297.Paragraph 2 repeals section 36 of the Merchant Shipping Act 1988.

298.Paragraph 3 repeals section 99(4) and (5) of the Energy Act 2004.

Part 2 - Marine Protection and Enhancement: the Scottish Marine Protection Area

299.Paragraph 4 repeals section 1 of the Protection of Wrecks Act 1973 – this allows for the designation of wrecks of historical, archaeological or artistic importance and for it to be an offence to carry out certain activities within a protected area without a licence. Repeal of section 1 is proposed in Scotland because the new powers to establish Marine Protected Areas in Scotland’s territorial waters are to supersede the existing powers available to Scottish Ministers under section 1 of the Protection of Wrecks Act 1973.

300.Paragraph 5 repeals the provisions in the Wildlife and Countryside Act 1981 allowing the establishment of marine nature reserves (MNRs) and the making of byelaws for their protection. This is because the new powers to establish marine protection areas make the powers to establish MNRs outdated. No MNRs have been established in Scotland since the power to create them was made in the 1981 Act.

301.Paragraph 6 repeals section 3(2)(b) of, and paragraph 6 of Schedule 1 to, the Territorial Sea Act 1987.

302.Paragraph 7 repeals paragraph 65(4) and (10) of Schedule 16 to the Local Government (Wales) Act 1994.

303.Paragraph 8 repeals paragraph 125(3) of Schedule 13 to the Local Government etc. (Scotland) Act 1994.

304.Paragraph 9 repeals paragraph 11(3) of schedule 7 to the Water Industry (Scotland) Act 2002.

Part 3 – Sea Fisheries

305.Paragraph 10 makes amendments to the Sea Fisheries Act 1968.

306.Paragraph 11 makes modifications to the Fisheries Act 1981 in consequence of the changes to the Sea Fish (Conservation) Act 1967 in Part 8 of the Act.

307.Paragraph 12 repeals paragraph (b) of section 5 of the Sea Fish (Conservation) Act 1992 in consequence of modifications made in Part 8 of the Act.

308.Paragraph 13 repeals provision in the Criminal Justice and Public Order Act 1994.

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