Introductory text

Scotland

Environmental Protection

Made 16th December 2015

Laid before the Scottish Parliament 18th December 2015

Coming into force 1st July 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 74 of the Marine and Coastal Access Act 2009^f1 and section 2(2) of the European Communities Act 1972^f2 and all other powers enabling them to do so.

In deciding to make this Order, the Scottish Ministers have had regard to the matters mentioned in section 74(4) of the Marine and Coastal Access Act 2009.

In accordance with section 74(5) of that Act, the Scottish Ministers have consulted such persons as they consider appropriate.

Annotations

Footnotes

f1: 2009 c.23 (“the 2009 Act”). The 2009 Act executively devolved various functions to the Scottish Ministers in relation to marine licensing in the Scottish Offshore Region (as defined in section 322(1) of that Act). Section 74 of that Act is relied on to make the amendment to S.S.I. 2011/57. In accordance with section 113 of the 2009 Act, the Scottish Ministers are the “appropriate licensing authority” for the Scottish Offshore Region for the purposes of section 74.
f2: 1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The power in section 2(2) of the 1972 Act is relied on for all the amendments made by this Order except for the amendment to S.S.I. 2011/57.