Table 1. Institutions of Governance relevant to matters described this paper


Tier Level
(fig. 1)
Deliberative & legislative Executive relevant functions example relevant instruments external influences
1 constitutional European Parliament & Council of Ministers European Commission issues Directives and monitors implementation Directives: Dangerous Substances (1976/464/ EEC as amended); Shellfish Hygiene (1991/ 492/EEC); Habitats (R1992/32/EEC); Water Framework (2000/60/ EC); Shellfish Waters (2006/113/EC, replacing 79/923/EEC)  
2 constitutional / collective UK Parliament ('Westminster') UK Government passes Acts, makes Regulations, monitors compliance Control of Pollution Act 1974; Marine and Coastal Act 2009; Conservation (Natural Habitats, &c.) Regulations 1994 (as amended); Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997(a); Surface Waters (Dangerous Substances) (Classification) (Scotland) Regulations 1997; Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (b) (1) international commitments, e.g. Agenda 21, CBD; (2) UK electorate, lobbies, media
  operational Crown Estates (Board) administers former UK royal estates including seabed to 12 nm sea-bed leases (for aquaculture, moorings, etc.) Monarch, Prime Minister, UK Treasury
2/3 collective Scottish Parliament (from 1999) ('Holyrood') Scottish Government (SG; formerly Executive) passes Acts, makes Regulations, monitors compliance Water Environment and Water Services (Scotland) Act 2003(c); Marine (Scotland) Act 2010; Water Environment (Controlled Activities) (Scotland) Regulations 2011 (WECASR)(c) electorate, lobbies, media
operational   SG directorate: Marine Scotland (since 2009) and research sub-directorate Marine Scotland Science strategic planning; develops policy; monitors complianance and marine status; carries out research & strategic planning    
operational   agency: Scottish Environment Protection Agency (SEPA) consenting of discharges and control of pollution; gives special protection to designated 'Shellfish Growing Waters' general binding rules, registrations, or licenses under WECASR  
  operational   agency: Scottish Natural Heritage (SNH) protection of species, habitats and biodiversity implementation of Habitats regulations  
3 operational Firth of Clyde Forum   deliberative harmonization of management of social, economic and ecological resources by component bodies Firth of Clyde Sustainable Marine Environment Initiative (SMEI) nongovernmental organizations, commercial companies, and other interest groups in Civil Society
collective Argyll & Bute Council Argyll & Bute Council (ABC) oversees local operation of national legislation   electorate
operational   ABC department: Planning local strategic planning including ICZM; consenting developments Integrated Coastal Zone Management Plan Loch Fyne; development approvals  
  operational   SEPA: regional office SEPA operational functions in the Firth of Clyde and Loch Fyne discharge consents  
denotes laws made at Westminster solely for its Scottish jurisdiction before the recreation of the Scottish parliament in 1999.
(a .. c) refer to transpositions of EC into UK or Scottish law. (a) transposes the Shellfish Waters; (b) transposes the Shellfish Hygiene Directive; (c) transpose the Water Framework Directive.