Aquaculture and Fisheries (Scotland) Act 2007

Information

1 Information about fish farms and shellfish farms

(1) The Scottish Ministers may make an order if it appears to them necessary or expedient to do so for the purpose of obtaining information in relation to the prevention, control and reduction of parasites—

(a) on fish farms,

(b) on shellfish farms.

(2) An order under subsection (1) may require any person who carries on a business of fish farming or shellfish farming—

(a) to provide to the Scottish Ministers such information, in writing, as may be specified in the order in relation to the purpose mentioned in that subsection,

(b) to compile such records as may be so specified in relation to that purpose,

(c) to retain for such period (not exceeding 3 years) as may be so specified, any records compiled by virtue of paragraph (b).

(3) The Scottish Ministers may make an order if it appears to them necessary or expedient to do so for the purpose of obtaining information in relation to—

(a) the containment of fish on fish farms,

(b) the prevention of escape of fish from fish farms,

(c) the recovery of escaped fish.

(4) An order under subsection (3) may require any person who carries on a business of fish farming—

(a) to provide to the Scottish Ministers such information, in writing, as may be specified in the order in relation to the purpose mentioned in that subsection,

(b) to compile such records as may be so specified in relation to that purpose,

(c) to retain for such period (not exceeding 3 years) as may be so specified, any records compiled by virtue of paragraph (b).

(5) An inspector may require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of an order under this section.

(6) Information provided, records compiled and records retained by virtue of an order under this section may be provided, compiled and retained electronically.

2 Information: offences

(1) A person commits an offence who—

(a) fails, without reasonable excuse, to comply with a requirement of an order under section 1,

(b) in purported compliance with a requirement of an order under section 1 knowingly provides any information or compiles a record which is false in a material particular,

(c) knowingly alters a record compiled in accordance with a requirement of an order under section 1 so that the record becomes false in a material particular.

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.