Aquaculture and Fisheries (Scotland) Act 2013

Powers

20 Power to enter fish farms, shellfish farms, etc.

(1) A person authorised by the Scottish Ministers for a purpose mentioned in subsection (2) has the power to enter—

(a) any land, fish farm or shellfish farm,

(b) any premises (other than a dwelling house) associated with the management or operation of a fish farm or shellfish farm.

(2) The purposes for which the Scottish Ministers may authorise a person are—

(a) the obtaining of information by them in connection with satisfying themselves as to matters mentioned in subsection (1) of section 18,

(b) the determination of whether any of their functions under any of sections 16 to 18 should be carried out,

(c) the carrying out of any of those functions,

(d) the determination of how far and in what manner any requirement placed on any person under or by virtue of this Chapter has been complied with.

(3) A power of entry under this section must be exercised at a reasonable hour unless the person exercising it—

(a) is doing so for a purpose mentioned in subsection (2)(a),

(b) is doing so for the purpose of determining whether the Scottish Ministers’ functions under section 18 should be carried out, or

(c) otherwise considers the case is one of urgency.

(4) Any person who proposes to exercise any power of entry conferred by this section must, if so required, produce evidence of the person’s identity and authorisation.