Explanatory Notes

Aquaculture and Fisheries (Scotland) Act 2013

2013 asp 7

18 June 2013

The Act

Part 4 - Shellfish

Orders as to fisheries for shellfish

Section 58 - Power to appoint inspectors before making orders as to fisheries for shellfish

161.Section 58 amends paragraph 4(2) of Schedule 1 to the 1967 Act to clarify the Scottish Ministers’ discretionary power in making decisions on the appointment of an inspector and calling public inquires by removing the requirement to appoint an inspector in cases where an objection raising a material concern is received. The amendment brings the legislation into line with that in England and Wales.

162.This section also replaces “as soon as conveniently may be” in paragraph 4(2) of Schedule 1 with “as soon as reasonably practicable” and in paragraph 6(1) of Schedule 1 replaces “conveniently may be” with “reasonably practicable”. These amendments modify the language in each case and make no change to the substance of the provisions.