# The Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011, Article 5: FEPA licences previously issued and outstanding applications


(1) Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—
(a) is in effect immediately before 6th April 2011, and
(b) relates to the doing of anything which—
(i) falls with section 5 or 6 of that Act, and
(ii) is an activity which, on or after that date, must not be carried on except in accordance with a marine licence,
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 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;
(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.
(3) Any application for a FEPA licence which—
(a) was made before 6th April 2011, and
(b) relates to an activity which—
(i) falls within section 5 or 6 of FEPA, and
(ii) on or after that date, must not be carried on except in accordance with a marine licence,
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.
(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.

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Source: https://www.legislation.gov.uk/sdsi/2011/9780111012277/article/5 (the official version)
Page: https://openlegislation.uk/draft-marine-scotland-act-2010-transitional-and-consequential-provisions-order-2011/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.