Marine (Scotland) Act 2010

97 Exceptions to offences under section 94, 95 or 96 S

(1) A person is not guilty of an offence under section 94, 95, or 96 if the act which is alleged to constitute the offence—

(a) was an exercise of functions carried out in accordance with section 82(2) by a public authority,

(b) was expressly authorised by an authorisation granted by a public authority or was necessarily incidental to an act so authorised (and this paragraph is not disapplied in relation to the offence by virtue of section 85(4)(a)),

(c) was done in accordance with—

(i) a permit of the kind described in section 92(1), or

(ii) an authorisation of the kind described in section 92(3),

(d) was necessary—

(i) in the interests of national security,

(ii) in the interests of the prevention or detection of crime,

(iii) for securing public health.

(2) It is a defence for a person who is charged with an offence under section 95 or 96 to show that—

(a) the act which is alleged to constitute the offence was—

(i) an act done for the purpose of, and in the course of, sea fishing, or

(ii) an act done in connection with such an act, and

(b) the effect of the act on the protected feature or (as the case may be) the marine historic asset in question could not have reasonably been avoided.

(3) The Scottish Ministers may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (2).

(4) For the purposes of this section, “act” includes omission.

Modifications etc. (not altering text)

C1 S. 97(1)(b) excluded (temp. until 30.9.2015) (1.10.2014) by The South Arran Marine Conservation Order 2014 (S.S.I. 2014/260), arts. 1, 6

C2 S. 97(1)(b) excluded (temp. until 18.8.2016) (18.8.2015) by The Wester Ross Marine Conservation Order 2015 (S.S.I. 2015/302), arts. 1(1)(2), 5

C3 S. 97(1)(b) excluded (8.2.2016) by The South Arran Marine Conservation Order 2015 (S.S.I. 2015/437), arts. 1, 6(1)

C4 S. 97(1)(b) excluded (23.3.2016) by The Wester Ross Marine Conservation Order 2016 (S.S.I. 2016/88), arts. 1, 6(1)

C5 S. 97(1)(b) excluded (23.3.2016) by The Loch Sunart to the Sound of Jura Marine Conservation Order 2016 (S.S.I. 2016/90), arts. 1, 6(1)

C6 S. 97(1)(b) excluded (temp. until 19.5.2018) (15.6.2017) by The Loch Carron Urgent Marine Conservation (No. 2) Order 2017 (S.S.I. 2017/205), arts. 1, 5

C7 S. 97(1)(b) excluded (19.5.2019) by The Loch Carron Marine Conservation Order 2019 (S.S.I. 2019/101), arts. 1, 5(1)

C8 S. 97(1)(b) excluded (temp.) (17.3.2021) by The Red Rocks and Longay Urgent Marine Conservation Order 2021 (S.S.I. 2021/131), arts. 1, 7

C9 S. 97(1)(b) excluded (temp.) (16.12.2021) by The Red Rocks and Longay Urgent Marine Conservation (No. 2) Order 2021 (S.S.I. 2021/463), arts. 1(1), 7(1) (with art. 1(2))

C10 S. 97(1)(b) excluded (9.2.2023) by The Red Rocks and Longay Marine Conservation Order 2022 (S.S.I. 2022/372), arts. 1, 7

Commencement Information

I1 S. 97 in force at 1.7.2010 by S.S.I. 2010/230, art. 2(b)