PART 1Aquaculture

CHAPTER 2Fish farming: equipment and wellboats

Wellboats

I110Power of sheriff to order release of wellboats

1

This section applies where a wellboat is being detained under section 8.

2

If, on an application to a sheriff by the master, an owner or a charterer of the wellboat, the sheriff is satisfied as to either of the matters mentioned in subsection (4), the sheriff may order that the wellboat be released.

3

An application under subsection (2) is to be made by way of summary application.

4

Those matters are that—

a

the continued detention of the wellboat under section 8 is not necessary to secure that the master, an owner or a charterer of the wellboat will attend court, or

b

there are no grounds for believing that the court referred to in subsection (1)(b)(ii) of that section will order the vessel to be detained.