Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 5 – Marine Protection and Enhancement:  the Scottish Marine Protection Area

Marine management schemes

Section 102 - Directions as to making, amending or revocation of schemes

157.Section 102 enables Scottish Ministers to give directions to relevant authorities as to the making of management schemes.

158.A direction may in particular require one or more schemes to be made, require conservation or other measures specified in the direction to be included in a scheme, where a scheme is to be made by more than one relevant authority acting together, appoint one such authority to co-ordinate the making of it, set time limits within which any steps in relation to the making of the scheme are to be taken, require the approval of the Scottish Ministers before a scheme is made and require any relevant authority to give Scottish Ministers such information relating to the making of a scheme as may be specified in the direction.

159.Scottish Ministers may also give directions (whether general or specific) to an authority or authorities as to the amendment of a marine management scheme, and they may revoke a marine management scheme by a direction given to the relevant authority or authorities. Any direction given under section 102 must be in writing.

160.Relevant authorities must comply with directions from Ministers to establish or amend marine management schemes.