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Aquaculture and Fisheries (Scotland) Act 2013

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This is the original version (as it was originally enacted).

Appeals

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13(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.

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