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Aquaculture and Fisheries (Scotland) Act 2013
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Aquaculture and Fisheries (Scotland) Act 2013, Section 9 is up to date with all changes known to be in force on or before 20 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 9:
- 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)
9Release of wellboat detained under section 8S
This section has no associated Explanatory Notes
(1)This section applies where a wellboat is being detained under section 8.
(2)The wellboat ceases to be detained under that section if one of the following things occurs—
(a)the notice of detention is withdrawn,
(b)a sheriff orders the release of the wellboat under section 10,
(c)any proceedings taken against the master, owner or charterer of the wellboat have concluded,
(d)the court referred to in section 8(1)(b)(ii) exercises any power it has to order the wellboat to be detained.
(3)A notice of detention is withdrawn by the service by a marine enforcement officer of a further notice on the person who is for the time being in charge of the wellboat, stating that the wellboat is released.
(4)If any of the grounds of release mentioned in subsection (5) applies, then any notice of detention must be withdrawn as soon as possible.
(5)The grounds of release are—
(a)that a procurator fiscal has decided not to take any proceedings against the master, owner or charterer of the wellboat in respect of any offence in relation to which the wellboat was detained,
(b)where a fixed penalty notice has been issued in respect of such an offence, that the appropriate fixed penalty has been paid,
(c)that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court,
(d)that there are no grounds for believing that the court referred to in section 8(1)(b)(ii) will order the wellboat to be detained.
(6)In this section—
“appropriate fixed penalty” has the meaning given in section 27(2) of the Aquaculture and Fisheries (Scotland) Act 2007 (amount and payment of fixed penalty),
“fixed penalty notice” means a fixed penalty notice under section 25(1) of that Act (issue of fixed penalty notices),
“notice of detention” means a notice served under section 8(4).
Commencement Information
I1S. 9 in force at 16.9.2013 by S.S.I. 2013/249, art. 2
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