{
  "url": "https://openlegislation.uk/marine-licensing-exempted-activities-order-2011/article-40",
  "json_url": "https://openlegislation.uk/marine-licensing-exempted-activities-order-2011/article-40.json",
  "legislation": "uksi/2011/409",
  "legislation_title": "The Marine Licensing (Exempted Activities) Order 2011",
  "legislation_url": "https://openlegislation.uk/marine-licensing-exempted-activities-order-2011",
  "path": "article/40",
  "kind": "article",
  "number": "40",
  "heading": "Activities specified in section 21 of the Marine (Scotland) Act 2010",
  "text": "(1) Article 4 applies to an activity that falls within paragraph (2).\n(2) An activity falls within this paragraph if—\n(a) where the activity falls within item 14 or 15 (deposit in an area beyond national jurisdiction), the activity also falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc);\n(b) where the activity falls within item 16 or 17 (scuttling of a vessel etc in an area beyond national jurisdiction), the activity also falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed from Scotland etc);\n(c) the activity is an incineration activity which falls within item 22 or 23 (incineration of any substance or object in an area beyond national jurisdiction), and the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea);\n(d) the activity falls within item 11 of the 2010 Act (deposit in an area beyond national jurisdiction by a Scottish person) and does not fall within item 3 (deposit anywhere in the sea from a vehicle etc loaded in the United Kingdom);\n(e) the activity falls within item 12 of the 2010 Act (scuttling of a vessel etc in an area beyond national jurisdiction by a Scottish person) and does not fall within item 6 (scuttling a vessel etc anywhere at sea if towed or propelled from the United Kingdom);\n(f) the activity is an incineration activity which falls within item 17 of the 2010 Act (incineration of any substance or object in an area beyond national jurisdiction by a Scottish person), and the loading of the substance or object for incineration is not an activity which falls within item 13 (to load a vehicle etc in the United Kingdom with any substance or object for incineration anywhere at sea);\n(g) the activity falls within item 13, 14, 15 or 16 of the 2010 Act (works activity, removal activity, dredging activity or deposit or use of explosives in an area beyond national jurisdiction by a Scottish person);\n(h) the activity—\n(i) falls within item 2 (deposit anywhere at sea except an area beyond national jurisdiction),\n(ii) falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc), and\n(iii) does not occur within the UK marine licensing area;\n(i) the activity—\n(i) falls within item 5 (scuttling of a vessel etc anywhere at sea except an area beyond national jurisdiction),\n(ii) falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed or propelled from Scotland etc), and\n(iii) does not occur within the UK marine licensing area;\n(j) the activity is an incineration activity—\n(i) which falls within item 12 (incineration of any substance or object anywhere at sea except an area beyond national jurisdiction),\n(ii) where the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea), and\n(iii) which does not occur within the UK marine licensing area.\n(3) In paragraph (2) a reference to a particular numbered item “of the 2010 Act” is a reference to that numbered item in section 21(1) of the Marine (Scotland) Act 2010 as that section has effect on the day on which this article comes into force.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Arts. 39-41 inserted (9.8.2026) by The Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026 (S.I. 2026/676), arts. 1(1), 13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/409/article/40",
    "retrieved_at": "2026-10-29T02:16:32.716751+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."
}