Marine (Scotland) Act 2010

31 Pre-variation, suspension or revocation procedure

(1) This section applies where the Scottish Ministers propose to vary, suspend or revoke a licence under section 30.

(2) The Scottish Ministers must notify—

(a) the licensee,

(b) any other person whom they consider would be adversely affected by the variation, suspension or revocation.

(3) Such notification must—

(a) state that the Scottish Ministers propose to vary, suspend or, as the case may be, revoke the licence,

(b) state the ground on which they propose to do so,

(c) specify a period of not less than 28 days within which the person notified may request the opportunity to make representations about the proposal before a person appointed by the Scottish Ministers.

(4) The Scottish Ministers must appoint a person (the “appointed person”) for the purpose of—

(a) hearing any such representations, and

(b) reporting to them on the merits of such representations.

(5) Where a request referred to in subsection (3)(c) is made timeously, the Scottish Ministers must—

(a) provide a reasonable opportunity for the person notified to make representations to the appointed person,

(b) (where that opportunity has been taken) have regard to the appointed person’s report on the representations.

(6) Where the Scottish Ministers consider that there is an urgent need to vary or suspend a licence, they may do so—

(a) for a period not exceeding 3 months,

(b) until there is no longer such a need,

whichever is the shortest, without doing the things mentioned in subsections (2) and (5).

(7) The Scottish Ministers may, by regulations, make provision as to—

(a) the categories of person who may be an appointed person or the qualifications of such persons,

(b) the procedure to be followed at a hearing under subsection (4)(a),

(c) the manner in which reports under subsection (4)(b) are to be communicated to them,

(d) the publication of such reports.