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The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

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Communication of licences and notices

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3.—(1) A licence is to be granted by the Scottish Ministers to the master, owner or charterer of a Scottish fishing boat by communicating it to that master, owner or charterer or a nominee (as the case may be)—

(a)by delivering it personally to the master, owner, charterer or nominee;

(b)by sending it to the master, owner, charterer or nominee by post at the address or place of business of any such person;

(c)by leaving it at the address or place of business of the master, owner or charterer, or in the hands of any person there; or

(d)by transmitting it to the master, owner or charterer by electronic communication.

(2) A notice is to be effected by—

(a)communicating it to a nominee, in a manner specified in paragraph (1)(a) or (b);

(b)communicating it to the master, owner or charterer of the Scottish fishing boat—

(i)by delivering it personally to the master, owner or charterer; or

(ii)by transmitting it to the master, owner or charterer by electronic communication; or

(c)publishing it—

(i)in a newspaper; or

(ii)on a website(1), the address of which is indicated on the sea fishing licence to which the notice relates.

(3) Where a notice effected by publication in accordance with paragraph (2)(c) is a notice to which paragraph (5) applies, it must either—

(a)provide that it applies to all sea fishing licences; or

(b)specify those sea fishing licences to which it relates by reference to species, area or method or any combination thereof,

but it will not require to specify the name or port letters and number, or the name of any master, owner or charterer or nominee (as the case may be), of any Scottish fishing boat.

(4) Where a notice effected by publication in accordance with paragraph (2)(c) is not a notice to which paragraph (5) applies, it must specify the sea fishing licences to which it relates by reference to the name or port letters and number of any Scottish fishing boat in respect of which those licences were granted.

(5) This paragraph applies to a notice which varies, suspends or revokes—

(a)all sea fishing licences; or

(b)all sea fishing licences authorising fishing—

(i)for one or more specified description of sea fish;

(ii)in one or more specified areas;

(iii)by a specified method or methods; or

(iv)by reference to a combination of two or more of the matters referred to in heads (i) to (iii).

(1)

As of the date of making of these Regulations, the address of the website for the purposes of regulation 3(2)(c)(ii) is http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/17681/licencevariations. Any alteration to that address will be notified to the sea fishing licence holder or any nominee, as the case may be.

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