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Aquaculture and Fisheries (Scotland) Act 2013
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Aquaculture and Fisheries (Scotland) Act 2013, Section 61 is up to date with all changes known to be in force on or before 10 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 61:
- s. 60A and cross-heading inserted by 2026 asp 6 s. 44(2)
- s. 62(2)(aa) inserted by 2026 asp 6 s. 44(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 60A and cross-heading inserted by 2026 asp 6 s. 44(2)
- s. 62(2)(aa) inserted by 2026 asp 6 s. 44(3)
61Fixed penalty notices and civil sanctions under the Marine (Scotland) Act 2010S
This section has no associated Explanatory Notes
(1)Schedule 2 to the Marine (Scotland) Act 2010 (further provision about civil sanctions under Part 4 (marine licensing)) is amended in accordance with this section.
(2)For paragraph 1 (interpretation) substitute—
“1In this schedule—
“civil sanction” means a fixed monetary penalty or a variable monetary penalty,
“fixed penalty notice” means a fixed penalty notice under section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007,
“fixed penalty officer” has the meaning given in section 25(3) of that Act.”.
(3)In paragraph 2 (fixed monetary penalties: other sanctions), after sub-paragraph (2)(b) insert—
“(c)a fixed penalty officer may not issue a fixed penalty notice to the person in respect of the act or omission giving rise to the fixed monetary penalty.”.
(4)In paragraph 3 (variable monetary penalties: other sanctions), after sub-paragraph (b) insert—
“(c)a fixed penalty officer may not issue a fixed penalty notice to the person in respect of the act or omission giving rise to the variable monetary penalty.”.
(5)After paragraph 4, insert—
“4ACivil sanctions and fixed penalty notices
(1)Provision under section 46 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—
(a)serve on the person a notice of intent referred to in section 47(2)(a) in relation to an act or omission constituting the relevant offence, or
(b)impose a fixed monetary penalty on the person in relation to an act or omission constituting the relevant offence.
(2)Provision under section 48 must secure that, in a case where a fixed penalty notice is issued to a person in respect of a relevant offence, the Scottish Ministers may not—
(a)serve on the person a notice of intent referred to in section 49(2)(a) in relation to an act or omission constituting the relevant offence, or
(b)impose a variable monetary penalty on the person in relation to an act or omission constituting the relevant offence.
(3)In this paragraph “relevant offence” has the meaning given in section 25(2) of the Aquaculture and Fisheries (Scotland) Act 2007.”.
Commencement Information
I1S. 61 in force at 16.9.2013 by S.S.I. 2013/249, art. 2
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