{
  "url": "https://openlegislation.uk/draft-marine-scotland-act-2010-transitional-and-consequential-provisions-order-2011/article-5",
  "json_url": "https://openlegislation.uk/draft-marine-scotland-act-2010-transitional-and-consequential-provisions-order-2011/article-5.json",
  "legislation": "sdsi/2011/9780111012277",
  "legislation_title": "The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011",
  "legislation_url": "https://openlegislation.uk/draft-marine-scotland-act-2010-transitional-and-consequential-provisions-order-2011",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "FEPA licences previously issued and outstanding applications",
  "text": "(1) Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—\n(a) is in effect immediately before 6th April 2011, and\n(b) relates to the doing of anything which—\n(i) falls with section 5 or 6 of that Act, and\n(ii) is an activity which, on or after that date, must not be carried on except in accordance with a marine licence,\nhas 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”).\n(2) In accordance with paragraph (1)—\n(a) a licence issued 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;\n(b) any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.\n(3) Any application for a FEPA licence which—\n(a) was made before 6th April 2011, and\n(b) relates to an activity which—\n(i) falls within section 5 or 6 of FEPA, and\n(ii) on or after that date, must not be carried on except in accordance with a marine licence,\nhas 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.\n(4) An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 25(1)(b) of the Act in respect of the deemed licence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Sections 5 and 6 are relevantly amended by the Marine and Coastal Access Act 2009 (c.23), Schedule 8, paragraph 2(2) and (3)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 8(4) is amended by the Marine and Coastal Access Act 2009, Schedule 8, paragraph 2(5)(a)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2011/9780111012277/article/5",
    "retrieved_at": "2026-10-30T15:37:16.804886+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}