Section 61 Appeals against noticesI1

(1)

The Scottish Ministers must by regulations make provision for any person to whom a notice listed in subsection (2) is issued, to appeal to the sheriff against that notice.

(2)

The notices are those issued under—

(a)

section 30 (notice varying, suspending or revoking marine licence for breach of conditions),

(b)

section 43 (compliance notice),

(c)

section 44 (remediation notice),

(d)

section 55 (stop notice), or

(e)

section 57 (emergency safety notice).

(3)

The regulations must come into force on the day on which this Part comes into force.

(4)

The regulations may include provision—

(a)

as to the procedure to be followed with respect to an appeal,

(b)

suspending the notice pending determination of the appeal,

(c)

as to the powers of the sheriff to whom the appeal is made.

Annotations

Commencement

I1: S. 61 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)