Citation and interpretation

1

(1)    This Order may be cited as the Marine (Scotland) Act 2010 (Commencement No 2 and Transitional Provisions) Order 2011.

(2)    In this Order, “the Act” means the Marine (Scotland) Act 2010.

NOTES
Initial Commencement
Date Made

Date made: 2 February 2011: (no specific commencement provision).

Appointed days

2

Appointed days2

24th February 2011 is appointed as the day for the coming into force of the following provisions of the Act:—

(a)    sections 158 to 161; and

(b)    section 167, so far as relating to paragraphs 10 to 13 of schedule 4.

NOTES
Initial Commencement
Date Made

Date made: 2 February 2011: (no specific commencement provision).

3

3

6th April 2011 is appointed as the day for the coming into force of the following provisions of the Act:—

(a)    sections 20 to 63;

(b)    section 131(1) to (3);

(c)    section 150; and

(d)    section 167, so far as relating to paragraphs 1 to 3 of schedule 4.

NOTES
Initial Commencement
Date Made

Date made: 2 February 2011: (no specific commencement provision).

Transitional provisions in respect of the Sea Fisheries (Shellfish) Act 1967

4

Transitional provisions in respect of the Sea Fisheries (Shellfish) Act 19674

(1)    The commencement of section 161(1)(b) of the Act (liability of master, etc where vessel used in commission of offence) has no effect as regards an offence committed under section 3(3) of the Sea Fisheries (Shellfish) Act 1967 (penalty for contravention of restriction or regulation) before 24th February 2011.

(2)    The commencement of section 161(3) of the Act (modification of section 7 of the Sea Fisheries (Shellfish) Act 1967) has no effect as regards an offence committed under section 7(4) of the Sea Fisheries (Shellfish) Act 1967 (circumstances comprising an offence) before 24th February 2011.

NOTES
Initial Commencement
Date Made

Date made: 2 February 2011: (no specific commencement provision).

Transport Law93 Agriculture, Animals & Fisheries93 Ports & Harbours93 Admiralty, Shipping & Navigation93 Fisheries93 Commercial Law93

Transitional provision in respect of the Sea Fisheries Act 1968

5

Transitional provision in respect of the Sea Fisheries Act 19685

The commencement of paragraph 10 of schedule 4 to the Act does not affect anything done by a grantee under section 15(2A) of the Sea Fisheries Act 1968 (extent of order conferring a right of regulating a fishery) before 24th February 2011.

NOTES
Initial Commencement
Date Made

Date made: 2 February 2011: (no specific commencement provision).

Agriculture, Animals & Fisheries99 Fisheries99

Signature

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew's House,

Edinburgh

2nd February 2011

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order brings into force provisions of the Marine (Scotland) Act 2010 (“the Act”).

Article 2 of the Order brings into force on 24th February 2011 the provisions of Part 8 of the Act (and related paragraphs in schedule 4 to the Act) dealing with sea fisheries. There are connected transitional provisions in articles 4 and 5.

Article 3 of the Order brings into force on 6th April 2011 provisions of the Act dealing with marine licensing. The relevant provisions are in Parts 4 and 7 of the Act and in schedule 4.

The only provision of the Act still requiring commenced is section 167 so far as relating to paragraph 4 of schedule 4 (repeal of section 1 of the Protection of Wrecks Act 1973 (c 33)).