Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 9 – General Provisions

Section 162 - Crown application

256.Section 162 makes provision as to Crown application. The Crown is bound by the Act but is not be criminally liable for any contravention. However, the Court of Session may declare unlawful any act or omission of the Crown which constitutes a contravention. Any provision of the Act applies to persons in the public service of the Crown as it applies to other persons.

Section 163 - Offences by bodies corporate

257.Section 163 makes provision in relation to offences by corporate bodies.

Section 164 - Ancillary provision

258.Section 164 allows the Scottish Ministers to make by order such provision as will give full effect to the Act or any provision of it. An order may modify any enactment, instrument or document.

Section 165 - Orders and regulations

259.Section 165 contains general provisions regarding orders and regulations. All orders or regulations under the Act are to be made by statutory instrument, with the exception of orders made under section 67(1).

Section 166 - Interpretation: general

260.Section 166 sets out how certain terms used in the Act are to be interpreted.

Section 167 - Consequential modifications

261.Section 167 introduces schedule 4 (which makes modifications consequential on the Bill).

Section 168 - Commencement and short title

262.Section 168 indicates that the provisions of Bill (with the exception of sections 1, 2, 19, 64, 65, 66, 106, 133, 157, 165, and 166) are to come into force in accordance with orders made by the Scottish Ministers.