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Marine (Scotland) Act 2010

Special provision for certain cases

Section 35 - Special procedure for applications relating to certain electricity work

49.Section 35 applies when both a marine licence and a consent under section 36 of the Electricity Act 1989 are required for the same activity. Section 35 allows the two applications to be considered together with the procedural provisions of the Electricity Act applying to the marine licence application. The Scottish Ministers may modify by order the procedural provisions of the Electricity Act to allow this single process to operate satisfactorily.

Section 36 - Electronic communications apparatus

50.Section 36 provides that the Scottish Ministers must not issue a licence to carry out any activity which involves the exercise of a right conferred by paragraph 11 of the electronic communications code in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.

Section 37 – Submarine cables

51.Section 37 applies where a stretch of exempt submarine cable is proposed to be laid, is being laid or has been laid, outside the seaward limits of the territorial sea. The Scottish Ministers are required to grant any application for a marine licence for the carrying out of any licensable marine activity done in the course of laying any stretch of the cable in the Scottish marine area. The Scottish Ministers are able to attach conditions to these licences as they are to any other marine licence. Part 4 does not apply to anything done in the course of maintaining a stretch of cable within the Scottish marine area. Definitions are provided for terms used in this section.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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