Search Legislation

Aquaculture and Fisheries (Scotland) Act 2013

Status:

This is the original version (as it was originally enacted).

6Enforcement notices
This section has no associated Explanatory Notes

(1)This section applies where the Scottish Ministers are satisfied that a person has failed or is failing to comply with any requirement imposed on that person by regulations under section 5(1).

(2)The Scottish Ministers may serve a notice (an “enforcement notice”) on the person.

(3)The enforcement notice must specify—

(a)the grounds for the service of the notice,

(b)the action that the person on whom it is served is required to take in order to ensure compliance with the regulations, and

(c)the date by which that action is to be taken, which must be no earlier than 14 days after the day on which the notice is served.

(4)The Scottish Ministers may publicise the serving of an enforcement notice; and they may do so to such extent, in such manner and in such form as they think fit.

(5)A person on whom an enforcement notice has been served may appeal by way of summary application to a sheriff against the notice.

(6)An appeal under subsection (5) must be made before the expiry of the period of 7 days beginning with the day on which the notice is served.

(7)Where an appeal is made under subsection (5), the enforcement notice has no effect until the appeal is withdrawn or finally determined.

(8)In an appeal under subsection (5)—

(a)the sheriff may make such order as the sheriff thinks appropriate, and

(b)the sheriff’s decision is final.

(9)If the appeal is not upheld, the date by which the action specified in the notice is to be taken is such date as the sheriff may specify in the order disposing of the appeal.

(10)A person on whom an enforcement notice has been served commits an offence if the person fails to comply with the requirements of the notice.

(11)It is a defence for a person charged with an offence under subsection (10) to show that the person had a reasonable excuse for failing to comply with such requirements.

(12)A person who commits an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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 Government 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