Queen of Sweden Historic Marine Protected Area - designation proposal: final business and regulatory impact assessment – 18 July 2025

Section 4: Additional implementation considerations

Enforcement/compliance

The preservation objectives for the Queen of Sweden Historic MPA are intended to guide the management of important marine historic assets within the area according to what is considered practicable in this case. Designation of the site will place duties on competent authorities with functions capable of adversely affecting the assets to carry out functions in a way that best furthers or, where this is not possible, least hinders the stated preservation objectives.

Decision making must consider impacts on the preservation objectives and be taken in accordance with marine plans and policies.

Where functions or acts may significantly hinder the achievement of the preservation objectives, public authorities must notify Scottish Ministers through HES. HES has 28 days to respond and public authorities must have regard to advice or guidance given by HES.

Periodic monitoring should be carried out by a contractor on behalf of HES, which would likely be a marine archaeology service contractor. HES will also explore other options such as citizen science and working with local dive groups. HES will continue to work with local communities, the police and other justice partners on enforcement. The 2010 Act also provides enforcement powers to Marine Enforcement Officers (MEOs), include boarding vessels and marine installations, entering and inspecting premises and vehicles, powers of search and seizure, forcing vessels to port, and requiring production of certain information.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/Intra-UK Trade

No impact.

International Trade Implications

No impact.

EU Alignment consideration

The proposal within this BRIA does not affect any EU alignment standards or agreements.

Legal Aid

The proposal discussed within this BRIA will have no impact on the legal aid fund.

Digital impact

The proposal discussed within this BRIA will have no digital impact.

Business forms

The proposal discussed within this BRIA does not include the introduction of any new business forms.