Search Legislation

Islands (Scotland) Act 2018

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 6

 Help about opening options

Alternative versions:

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Islands (Scotland) Act 2018, Part 6 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Part 6 SDevelopment in the Scottish Island Marine Area

Key definitionsS

22Meaning of “development activity”S

(1)In this Part, “development activity” means—

(a)construction, alteration or improvement works of any description (either in or over the sea, or on or under the seabed),

(b)any form of dredging, including—

(i)the removal of any material from the sea or seabed, or

(ii)using any device to move any material (whether or not suspended in water) from one part of the sea or seabed to another part.

(2)But the following are not development activities—

(a)any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) in Part II of schedule 5 of the Scotland Act 1998,

(b)any activity relating to a matter which is a reserved matter by virtue of paragraph 9 (defence) in Part 1 of that schedule,

(c)any activity falling within the subject matter of Part 6 (pollution) of the Merchant Shipping Act 1995,

(d)any activity involving the placing, assembly or operation of any equipment within the Scottish island marine area for the purpose of fish farming (within the meaning given by section 26(6) of the Town and Country Planning (Scotland) Act 1997),

(e)fishing by any other method.

23Meaning of “Scottish island marine area”S

In this Part, “Scottish island marine area” means such part of the Scottish marine area (within the meaning of Part 1 of the Marine (Scotland) Act 2010) which is—

(a)adjacent to an island, and

(b)up to 12 nautical miles from that island, measured from the low water mark of the ordinary spring tide.

Licensing of development activitiesS

24Scottish island marine area licenceS

(1)The Scottish Ministers may by regulations establish a scheme by virtue of which a person must not, except in accordance with a licence granted by a local authority, carry on a development activity within such part of the Scottish island marine area as is designated in the regulations as a part in which such a licence is required to carry on a development activity (in this Part an “island licensing area”).

(2)Regulations under subsection (1) may designate an area as an island licensing area only if—

(a)a local authority has applied to the Scottish Ministers for such a designation to be made, and

(b)the Scottish Ministers are satisfied that the area is adjacent to an inhabited island.

(3)Regulations under subsection (1) may make provision about (in particular)—

(a)the types of development activity covered by, and exempted from, the scheme,

(b)the area and boundaries of the Scottish island marine area—

(i)which are covered by, or exempted from, the scheme,

(ii)which are allocated to a particular local authority for the purposes of the scheme,

(iii)which are designated as an island licensing area,

(c)the procedure to be followed in relation to an application to a local authority for a licence, including about—

(i)the steps to be taken before a person may apply for a licence (for example consultation and notification of affected persons),

(ii)the issue, renewal, variation, transfer, suspension and revocation of a licence,

(iii)an appeal of a decision relating to a licence,

(iv)the fees chargeable by a local authority,

(v)the holding of an inquiry in connection with the determination of an application,

(d)the effect of an application and of a grant of a licence to carry on a development activity on—

(i)an application for, or a grant of, a marine licence under Part 4 of the Marine (Scotland) Act 2010,

(ii)an application for, or a grant of, consent under section 36 of the Electricity Act 1989 (consent for construction etc. of generating stations) in relation to the activity or other works to be undertaken in connection with the activity,

(e)the enforcement of the regulations, including about the issuing of the following kinds of notice in relation to works not carried out in accordance with a licence—

(i)a compliance notice, requiring a person to take such steps as are specified in the notice in relation to such works,

(ii)a remediation notice, requiring a person to take such steps as are specified in the notice in relation to such works, or to compensate a local authority or other person for remedial steps taken, or to be taken, in relation to such works (or both),

(f)a power to carry out remedial works where a development activity has been carried on otherwise than in accordance with a licence,

(g)offences and penalties in relation to a contravention of—

(i)a prohibition on a development activity within the Scottish island marine area,

(ii)a restriction contained in a licence,

(h)exceptions and defences to such offences,

(i)the imposition of fixed monetary penalties in relation to a contravention that is criminalised by virtue of paragraph (g) and (h),

(j)the publication of information in a public register maintained by a local authority, including about—

(i)what information is to be published in the register (and in what manner and form),

(ii)the circumstances in which information must not be published (for example if its publication would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate commercial interest),

(iii)the circumstances in which a local authority must provide copies of entries in the register to members of the public (whether on payment of a fee or otherwise).

(4)A fee provided for in regulations under subsection (1) in relation to an application to a local authority for a licence must represent the reasonable costs of an authority in deciding an application.

(5)The maximum penalties that may be provided for in regulations under subsection (1) for offences under the regulations are—

(a)on summary conviction, imprisonment for a term not exceeding 12 months or a fine not exceeding £50,000 (or both),

(b)on conviction on indictment, imprisonment for a term not exceeding 2 years or a fine (or both).

(6)Regulations under subsection (1) for the imposition of fixed monetary penalties may make provision similar to that which is enabled by sections 46 and 47 of the Marine (Scotland) Act 2010, but must provide that such penalties—

(a)may only be imposed where a local authority is satisfied beyond reasonable doubt that a person has committed an offence under the regulations,

(b)are to be imposed by notice, and

(c)cannot exceed £50,000 in relation to a particular contravention.

(7)Before laying a draft of the regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

(a)such persons as they consider represent the interests of island communities, and

(b)such persons as they consider likely to be affected by the regulations.

25Exception from requirement for licenceS

(1)A scheme established under section 24(1) does not apply to a person if—

(a)the person is carrying on a development activity in an island licensing area, and

(b)any of the conditions in subsection (2) applies.

(2)The conditions are—

(a)the development activity commenced before the area was designated as an island licensing area,

(b)the development activity is in a part of the island licensing area for which a person has a lease, or an agreement to lease, entered into before the area was designated as an island licensing area,

(c)the person, before the area was designated as an island licensing area—

(i)commenced the pre-application consultation as required under sections 22 to 24 of the Marine (Scotland) Act 2010 for the development activity,

(ii)made an application for, or was granted, a marine licence under Part 4 of that Act for the development activity, or

(d)the person, before the area was designated as an island licensing area, applied for, or was granted, a works licence under the Orkney County Council Act 1974 or the Zetland County Council Act 1974 for the development activity.

26Crown applicationS

(1)Nothing in this Part makes the Crown criminally liable.

(2)The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources