SCHEDULE 1Commercially damaging species: control schemes
Appeals
I113
1
Any person who carries on a business of fish farming or shellfish farming at a fish farm or shellfish farm to which a control scheme relates may appeal by way of summary application to a sheriff against—
a
a decision of the Scottish Ministers to—
i
make the control scheme,
ii
make a scheme varying the control scheme, or
iii
revoke the control scheme, or
b
the terms or conditions of the control scheme (including such a scheme as varied).
2
An appeal under sub-paragraph (1) must be lodged not later than 28 days after the date on which the person making the appeal received a notice under paragraph 11.
3
On an appeal under sub-paragraph (1), the sheriff may—
a
affirm the control scheme,
b
direct the Scottish Ministers to amend the scheme in such manner as the sheriff may specify,
c
direct the Scottish Ministers to revoke the scheme,
d
make such other order as the sheriff thinks fit.
4
A decision of the sheriff on an appeal under sub-paragraph (1) is final except on a point of law.
5
An appeal on a point of law against the decision of a sheriff under sub-paragraph (1) lies to the Court of Session only.