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Marine (Scotland) Act 2010

Section 12 - Delegation of functions relating to regional marine plans

18.Section 12 permits the Scottish Ministers to direct a person they nominate and, one or more of a public authority or a person nominated by a public authority to carry out some of their marine planning functions. The group the Scottish Ministers delegate functions to must as far as is reasonably practicable include persons with an interest in the protection and enhancement of the Scottish marine region, the use of the region for recreational purposes and the use of the region for commercial purposes.

19.Where Scottish Ministers delegate functions to a public authority, they must state the grounds for doing this in preference to a group of persons. The public authority must consult on the exercise of its functions in the marine area with representatives of persons detailed in section 12(5)(b)(i). The Scottish Ministers may give a direction only with the consent of the public body. The delegate must comply with the direction and is taken to have all the necessary powers to carry out the functions. The functions which can be delegated in relation to a regional marine plan are those under sections 5, 8, 11 and 16.

20.Excepted functions are detailed in section 12(8). These are functions which cannot be delegated and these include whether to publish a consultation draft plan or the final regional marine plan.

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