Search Legislation

Aquaculture and Fisheries (Scotland) Act 2013

Status:

This is the original version (as it was originally enacted).

5Control and monitoring of operations of wellboats
This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make provision for or about controlling and monitoring the operations of any wellboat in Scotland.

(2)Regulations under subsection (1) may, in particular, include provision for or about—

(a)the measures to be taken to prevent, reduce, remove or otherwise control the risk of the spread of parasites, pathogens or diseases as a result of wellboat operations,

(b)the installation of such equipment, or types of equipment, as may be specified—

(i)to prevent, reduce, remove or otherwise control such a risk,

(ii)to enable compliance with the regulations to be monitored,

(c)the reporting to the Scottish Ministers of such matters as may be specified.

(3)Regulations under subsection (1) may impose requirements on, and only on—

(a)the master of a wellboat,

(b)an owner of a wellboat,

(c)a charterer of a wellboat.

(4)Regulations under subsection (1) may make different provision for—

(a)different descriptions of wellboat,

(b)different operations,

(c)different species of fish,

(d)different periods of time.

(5)A person commits an offence if the person—

(a)acts in contravention of regulations under subsection (1),

(b)fails to take any action required of that person by such regulations, or

(c)otherwise fails to comply with any requirement imposed on that person by such regulations.

(6)No proceedings may be taken or continued against a person for an offence under subsection (5) in respect of a matter in relation to which an enforcement notice under section 6 has been served.

(7)It is a defence for a person charged with an offence under subsection (5)(b) or (c) to show that the person had a reasonable excuse for failing to take any action or (as the case may be) to comply with any requirement mentioned in that subsection.

(8)A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9)In this section, “specified” means specified in regulations made under subsection (1).

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