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The Fishery Products (Official Controls Charges) (Scotland) Regulations 2006

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Returns and records relating to relevant fishery products or relevant landed fishery products

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11.—(1) Within 7 days of the end of each account period, the vendor shall make a written return to the relevant food authority to which the landings charge is payable in respect of the aggregate of chargeable transactions that the vendor has entered into during that period.

(2) The return referred to in paragraph (1) shall include the following information–

(a)the account period to which the return relates;

(b)the place of landing and first placing on the market or first sale in a fish market of the fishery products to which it relates; and

(c)for landings of relevant fishery products and for landings of relevant landed fishery products other than specified pelagic fish–

(i)the name of each vessel and the number of consignments landed from it,

(ii)the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount, and

(iii)the aggregate weight of consignments less the weight calculated under paragraph (ii);

(d)for landings of relevant landed fishery products which are specified pelagic fish–

(i)the name of each vessel and the number of consignments landed from it, and

(ii)the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of consignments the weight of which exceeds that amount;

(e)notification of any amount paid under regulation 10(5) which has been paid in respect of–

(i)consignments of fish consisting only of fish other than specified pelagic fish, or

(ii)consignments of specified pelagic fish only,

specifying which of the circumstances described in sub paragraph (b)(i) or (b)(ii) of that paragraph led to the payment of that amount;

(f)in relation to consignments of relevant fishery products–

(i)the total weight of all relevant fishery products landed, and

(ii)the total amount of the charge payable under regulation 10 in respect of those products; and

(g)the amount of the landings charge.

(3) Subject to paragraph (4), during the period of 1 year beginning on the day on which a vendor makes a return under this regulation–

(a)the relevant food authority to which it was made may require the vendor to supply separate information of the kind required by paragraph (2) in respect of each transaction included in it; and

(b)the vendor shall retain records which are sufficient to enable the vendor to supply any such information.

(4) Paragraph (3) shall not apply in relation to landings of relevant fishery products.

(5) Any vendor who without reasonable excuse–

(a)fails to comply with paragraph (1) or (3)(b); or

(b)fails to comply with a requirement made under paragraph (3)(a),

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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