Marine licensing: applicant guidance

Appeals - questioning certain decisions

Appeals against marine licensing decisions

A person who has applied for a marine licence can appeal to any Sheriff Court in Scotland, by summary application, if they are dissatisfied with a decision to grant or refuse a marine licence (see The Marine Licensing Appeals (Scotland) Regulations 2011).

The Sheriff Court provides an independent and impartial forum for these appeals.

The summary application to appeal must be lodged with the Sheriff Court within 21 days after the date on which the decision was intimated to the person who applied for the marine licence.

Further information can be found on the Scottish Courts website:

• Sheriff Courts
• information on summary applications
• information on Summary Applications, Statutory Applications and Appeals etc Rules

Questioning certain decisions relating to marine licences for generating stations which also require an application for consent under section 36 of the Electricity Act 1989

Any person that is aggrieved by certain decisions of the Scottish Ministers in relation to an application for a marine licence for the construction of a generating station (in respect of which an application for consent under section 36 of the Electricity Act 1989 must also be made), may make an application to the Inner House of the Court of Session to question the validity, on specified grounds, of these decisions (under section 63A of the Marine Scotland Act 2010 or 73A of the Marine and Coastal Access Act 2009).

This applies to:

• a decision to cause, or not to cause, an inquiry to be held in relation to the application for a marine licence
• a decision to grant a marine licence or refuse the application for a marine licence

The specified grounds for questioning the validity of a decision are that:

• the decision is not within the powers of the Scottish Ministers
• one or more of the relevant requirements have not been complied with in relation to the decision

The application to the Inner House of the Court of Session to question the validity of a decision must be made within the period of six weeks, beginning with the date on which the decision to which the application relates is taken.

Further information can be found on the Scottish Courts website Court of Session rules.

Appeals against notices

A person, to whom a notice has been issued, may appeal against the notice. The notices which can be appealed against are:

• a notice varying, suspending or revoking a marine licence or extending a period of suspension (under section 30 of the 2010 Act or section 72 of the 2009 Act)
• a compliance notice (under section 43 of the 2010 Act or section 90 of the 2009 Act)
• a remediation notice (under section 44 of the 2010 Act or section 91 of the 2009 Act)
• a stop notice (under section 55 of the 2010 Act or section 102 of the 2009 Act)
• an emergency safety notice (under section 57 of the 2010 Act or section 104 of the 2009 Act)

A person to whom a notice has been issued may appeal, by summary application, to any Sheriff Court in Scotland (see The Marine Licensing Appeals (Scotland) Regulations 2011).

The Sheriff Court provides an independent and impartial forum for these appeals.

The summary application to appeal must be lodged with the Sheriff Court within 21 days after the date on which the notice was intimated to the person.

Further information can be found on the Scottish Courts website:

• Sheriff Courts
• information on summary applications
• information on Summary Applications, Statutory Applications and Appeals etc Rules