The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011

CPA consents previously given and outstanding applications

3.—(1) Any consent given under subsection (1) of section 34 of CPA which—

(a) is in effect immediately before 6th April 2011, and

(b) relates to an operation which—

(i) falls within that subsection, and

(ii) is a licensable marine activity,

has effect on and after that date as if it were a marine licence granted by the Scottish Ministers in relation to that activity (“a deemed licence”).

(2) In accordance with paragraph (1)—

(a) a consent given for a specified period remains in force (subject to the provisions of Part 4 of the Act) for so much of that period as falls after 5th April 2011;

(b) any condition subject to which a consent under subsection (1) of section 34 of CPA has been given has effect as if it were a condition attached to the deemed licence;

(c) any provision made under subsection (4) of that section in respect of a consent has effect as if it were provision made under section 29(4)(a) of the Act in respect of the deemed licence;

(d) any condition having effect under section 34(4A)(b) of CPA(1) has effect as if it were such a condition as is mentioned in section 29(5) of the Act.

(3) Any application for consent under subsection (1) of section 34 of CPA which —

(a) was made before 6th April 2011, and

(b) relates to an operation which—

(i) falls within that subsection, and

(ii) is a licensable marine activity,

has effect on and after that date as if it were an application for a marine licence made to the Scottish Ministers in relation to that activity.

(1)

Subsection (4A) was inserted in section 34 by the Merchant Shipping Act 1988 (c.12), section 36(4).