The Red Rocks and Longay Marine Conservation Order 2022

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order is made under the Marine (Scotland) Act 2010 (“ the 2010 Act ”) for the purposes of furthering the stated conservation objectives for the Red Rocks and Longay Nature Conservation Marine Protected Area Order 2022 (“ the MPA Order ”). The MPA Order designated the Red Rocks and Longay area of the Inner Sound of Skye as a nature conservation marine protected area (“the Red Rocks and Longay MPA”). The MPA Order provides that flapper skate ( Dipturus intermedius ) and Quaternary of Scotland (moraines, crag and tails, rock drumlins) are protected features.

Article 3 describes the area protected by this Order (“the protected area”).

Article 4 prohibits and regulates activities within the protected area.

Article 5 provides that the Scottish Ministers may, in specific circumstances, issue permits authorising activities, which would otherwise be prohibited under article 4, within the protected area.

Article 6 provides that the Scottish Ministers may delegate, by way of direction, the issuing of permits under article 5 to another person or group of persons.

Article 7 provides that section 97(1)(b) (exceptions to offences etc.) of the 2010 Act does not apply in relation to an offence under section 94 of that Act of contravening this Order, or an offence under section 95 of that Act committed in relation to the protected area.

Article 8 revokes the Red Rocks and Longay Urgent Marine Conservation (No. 2) Order 2021 and the Red Rocks and Longay Urgent Marine Conservation (No. 2) Order 2021 (Urgent Continuation) Order 2022.

A person who contravenes this Order commits an offence and is liable on summary conviction to a fine of up to £50,000, and on conviction on indictment to an unlimited fine. Section 98 of the 2010 Act provides for a defence to such an offence for acts taken in an emergency.

A Business and Regulatory Impact Assessment (“ BRIA ”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of this BRIA can be obtained from Marine Scotland, Victoria Quay, Edinburgh EH6 6QQ and online at www.legislation.gov.uk .

An illustrative map showing the Red Rocks and Longay MPA is attached to this note.