Explanatory Notes

Aquaculture and Fisheries (Scotland) Act 2007

2007 asp 12

5th April 2007

The Act

Part 1: Fish Farms and Shellfish Farms

Powers of inspectors and offences

Section 9 – Powers of inspectors: entry

26.Subsection (1) of section 9 provides that an inspector may enter any fish farm or shellfish farm for the purpose of ascertaining whether any power conferred on the inspector under Part 1 of the Act should be exercised and for the purpose of the inspector doing anything in pursuance of the exercise of that power. Subsection (2) requires an inspector entering a fish farm or shellfish farm under the power of entry bestowed by subsection (1) to produce evidence of the inspector’s authority to act as an inspector, namely the authorisation to act as an inspector given by the Scottish Ministers (see the definition of the term “inspector” given in section 12 (Interpretation: Part 1) for the purposes of Part 1). Subsection (3) requires that any power of entry conferred on an inspector by or under Part 1 of the Act must be exercised at a reasonable hour, unless the inspector considers the case is an urgent one.