Explanatory Notes

Aquaculture and Fisheries (Scotland) Act 2013

2013 asp 7

18 June 2013

The Act

Part 3 – Sea Fisheries

Retention and disposal of property seized by BSFOs

Section 44 – Power of Scottish Ministers to sell seized fish in their possession

133.Section 44(8) requires that fish sold by the Scottish Ministers must be sold at auction and under section 44(9) the owner’s views must be taken into account on the manner in which the fish should be sold. Owners may ask for fish to be sold at a particular auction or by a method of sale other than auction. The Scottish Ministers are required by virtue of section 44(11) to take such views into account unless they deem them to be unreasonable.