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Article 2 Amendment of the Marine (Scotland) Act 2010

Original text. Later amendments are not shown.

(1)

The Marine (Scotland) Act 2010f1 is amended as follows.

(2)

In section 21 (licensable marine activities)—

(a)

in subsection (1), after item 10 insert—

  1. 11

    “To deposit any substance or object in the sea or on or under the seabed in an area beyond national jurisdiction if the person carrying on or controlling the deposit is a Scottish person.

  2. 12

    To scuttle any vessel or floating container at sea in an area beyond national jurisdiction if the person carrying on or controlling the scuttling is a Scottish person.

  3. 13

    To construct, alter or improve any works in or over the sea or on or under the seabed in an area beyond national jurisdiction if the person carrying on or controlling the construction, alteration or improvement is a Scottish person.

  4. 14

    To use a vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed in an area beyond national jurisdiction if the person carrying on or controlling the removal is a Scottish person.

  5. 15

    To carry out any form of dredging in an area beyond national jurisdiction (whether or not involving the removal of any material from the sea or seabed) if the person carrying on or controlling the dredging is a Scottish person.

  6. 16

    To deposit or use any explosive substance or article in the sea or on or under the seabed in an area beyond national jurisdiction if the person carrying on or controlling the deposit or use is a Scottish person.

  7. 17

    To incinerate any substance or object at sea in an area beyond national jurisdiction if the person carrying on or controlling the incineration is a Scottish person.”,

(b)

in subsection (2)—

(i)

in paragraph (a), for “item 7” substitute “items 7 and 15”,

(ii)

in paragraph (b)—

(aa)

for “item 10” substitute “items 10 and 17”,

(bb)

for “item 9” substitute “items 9 and 17”,

(iii)

after paragraph (c), insert—

“(d)

any reference to a person “controlling” an activity includes that person causing or permitting any other person to carry on that activity,

(e)

“Scottish person” means—

(i)

an individual who is habitually resident in Scotland, or

(ii)

a person who is not an individual, where that person—

(A)

has its registered office in Scotland,

(B)

in a case where it has no registered office, has its place of incorporation in Scotland or is otherwise formed under the law of Scotland”,

(c)

in subsection (3C), for “subsection (3A)” substitute “this section”.

(3)

In section 27 (determination of applications)—

(a)

in subsection (2), for “1 or 2” substitute “1, 2 or 11”,

(b)

in subsection (3), after “5” insert “or 13”.

(4)

In section 29(5) (grant or refusal of licence), after “5” insert “or 13”.

Annotations

Footnotes

f1

Section 21 was amended by the Biodiversity Beyond National Jurisdiction Act 2026 (c. 6) and section 27 was amended by S.I. 2011/1210.