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Section 45 Further provision as to compliance and remediation noticesI1C1

(1)

A compliance notice or remediation notice—

(a)

must be served on any person carrying on or in control of the activity to which the notice relates,

(b)

if a marine licence has been granted in relation to that activity, may also be served on the licensee.

(2)

The Scottish Ministers may by a further notice—

(a)

revoke a compliance notice or remediation notice,

(b)

vary a compliance notice or remediation notice so as to extend the period specified in accordance with section 43(4)(c) or (as the case may be) section 44(5)(d).

(3)

A person who fails to comply with—

(a)

a compliance notice, or

(b)

a remediation notice,

commits an offence.

(4)

A person guilty of an offence under subsection (3) is liable—

(a)

on summary conviction, to a fine not exceeding £50,000,

(b)

on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.

Annotations

Modifications

C1

Ss. 43-45 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 13

Commencement

I1

S. 45 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)

Notes on Part 4

Modifications

C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

C2

Pt. 4 power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 25(3), 32(1) (with s. 30)