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.