Aquaculture and Fisheries (Scotland) Act 2007

Powers of inspectors and offences

9 Powers of inspectors: entry

(1) An inspector may enter any fish farm or shellfish farm for the purposes of—

(a) ascertaining whether any power conferred by or under this Part should be exercised,

(b) doing anything in pursuance of the exercise of that power.

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

(3) Any power of entry conferred on an inspector by or under this Part must be exercised at a reasonable hour unless the inspector considers the case is one of urgency.

10 Entry: supplementary

(1) This section applies to any inspector exercising any power of entry conferred on an inspector by or under this Part.

(2) The inspector may take with the inspector—

(a) such other persons,

(b) such equipment and vehicles,

as the inspector considers necessary.

(3) The inspector may require any person on a fish farm or shellfish farm who falls within subsection (4) to give the inspector such assistance as the inspector may reasonably require.

(4) The following persons fall within this subsection—

(a) the person who carries on the business of fish farming or shellfish farming,

(b) any other person appearing to the inspector to be under the direction or control of that person,

(c) any other person appearing to the inspector to be concerned with the operation of the farm.

11 Offences: general

(1) A person commits an offence who—

(a) fails, without reasonable excuse, to comply with a requirement imposed by an inspector by virtue of this Part,

(b) obstructs an inspector in the exercise of the inspector’s powers under this Part.

(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.