C1Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

Licences

I130Variation, suspension, revocation and transfer

1

The Scottish Ministers may by notice vary, suspend or revoke a licence granted by them if it appears to them that there has been a breach of any of its provisions.

2

The Scottish Ministers may by notice vary, suspend or revoke a licence granted by them if it appears to them that—

a

in the course of the application for the licence the applicant either—

i

supplied information to them that was false or misleading, or

ii

failed to supply information that the applicant might reasonably have been expected to supply, and

b

if the correct information had been supplied—

i

they would have, or

ii

it is likely that they would have,

refused the application or granted the licence in different terms.

3

The Scottish Ministers may by notice vary, suspend or revoke a licence granted by them if it appears to them that the licence ought to be varied, suspended or revoked for any of the following reasons—

a

because of a change in circumstances relating to the environment or human health,

b

because of increased scientific knowledge relating to either of those matters,

c

in the interests of safety of navigation,

d

for any other reason that appears to the Ministers to be relevant.

4

Any suspension under subsection (1), (2) or (3) is for such period as the Scottish Ministers may specify in the notice of suspension.

5

The Scottish Ministers may by further notice extend the period of the suspension.

6

But a licence may not by virtue of this section be suspended in total for a period exceeding 18 months.

7

On an application made by a licensee, the Scottish Ministers may vary a licence if satisfied that the variation being applied for is not material.

8

On an application made by a licensee, the Scottish Ministers—

a

may transfer the licence from the licensee to another person, and

b

if they do so, must vary the licence accordingly.

9

A licence may not be transferred except in accordance with subsection (8).