Scapa Flow Historic Marine Protected Area - designation proposal: final business and regulatory impact assessment – 18 July 2025

Section 4: Additional implementation considerations

Enforcement/compliance

Under the existing scheduling designation, HES leads on enforcement, working closely with Police Scotland and other partners as required.

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

General offences apply under section 96 of the 2010 Act. Monitoring would be carried out primarily by periodic site visits on behalf of HES from a marine archaeology services contractor.

Citizen science also has the potential to make a significant contribution through involvement of community interests. 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. It envisaged that the Marine Directorate will take the lead role on this area, working with HES and other justice partners as required.

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. Amendments to the existing dive permit obtained from Orkney Marine Services will reflect the new requirements, following discussion between Orkney Marine Services and HES.