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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

5Control and monitoring of operations of wellboats
Explanatory NotesShow EN

(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).

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