Search Legislation

Aquaculture and Fisheries (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

16Clearance of certain fish farms

This section has no associated Explanatory Notes

After section 5B of the 1937 Act (as inserted by section 15 above), insert—

5CClearance of certain fish farms

(1)The Scottish Ministers may, where they consider it appropriate to do so, by notice in writing served on any person who carries on a business of fish farming in any inland or marine waters mentioned in subsection (2), impose any of the requirements mentioned in subsection (3).

(2)The waters are any inland or marine waters in an area designated by order under section 2 by virtue of the Scottish Ministers suspecting that they are or may become infected waters by reason of the presence of the parasite Gyrodactylus salaris.

(3)The requirements referred to in subsection (1) are—

(a)the withdrawal of all fish from the waters of the farm;

(b)the draining, cleaning and disinfection of all pools and cages in the farm;

(c)the destruction of all—

(i)dead fish;

(ii)live fish withdrawn from the farm which show clinical signs of the disease known as gyrodactylosis caused by the parasite Gyrodactylus salaris;

(iii)live fish withdrawn from the farm which show signs of the presence of the parasite;

(d)the cleaning and disinfection or destruction of equipment, material or substances liable to be contaminated with the parasite;

(e)that the repopulation of the farm may take place only when the Scottish Ministers authorise it by notice in writing served on the person carrying on the business of the farm.

(4)Any person who intentionally contravenes any requirement of a notice served on the person under subsection (1) is guilty of an offence.

5DFailure to comply with requirements of notice under section 5C(1): inspector’s powers

(1)If any person on whom notice under section 5C(1) is served fails to comply with any requirement of the notice, without prejudice to any proceedings in relation to such failure, an inspector may enter on the fish farm to which the notice relates and take or arrange the taking of such steps as appear to the inspector to be necessary to—

(a)ensure compliance with the requirement;

(b)remedy the consequences of a failure to comply.

(2)An inspector acting under subsection (1) must, if required, produce evidence of the inspector’s authority.

(3)All reasonable costs of the exercise of an inspector’s powers under subsection (1) are recoverable by the Scottish Ministers from the person on whom the notice under section 5C(1) was served..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources