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