Part 5Miscellaneous

38Information about fish farming and shellfish farming: economic, social and environmental aspects

1

The Scottish Ministers may make an order under this section for the purpose of obtaining information in relation to the economic, social and environmental aspects of—

a

fish farming,

b

shellfish farming.

2

An order under this section may require any person who carries on a business of fish farming or shellfish farming—

a

to provide to the Scottish Ministers such information, in writing, as may be specified in the order in relation to the purpose mentioned in subsection (1),

b

to compile such records as may be so specified in relation to that purpose,

c

to retain for such period (not exceeding 3 years) as may be so specified, any records compiled by virtue of paragraph (b).

3

An inspector may require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of an order made under this section.

4

Information provided, records compiled and records retained under this section may be provided, compiled and retained electronically.

5

A person commits an offence who—

a

fails, without reasonable excuse, to comply with a requirement of an order under this section,

b

in purported compliance with a requirement of an order under this section knowingly provides any information or compiles a record which is false in a material particular,

c

knowingly alters a record compiled in accordance with a requirement of an order under this section so that the record becomes false in a material particular.

6

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.

7

In this section, “fish farming”, “inspector” and “shellfish farming” have the same meanings as in Part 1.