Aquaculture and Fisheries (Scotland) Act 2013

Aquaculture and Fisheries (Scotland) Act 2013

2013 asp 7

The Act

Part 4 - Shellfish

Orders as to fisheries for shellfish

Section 57 - Enforcement of orders: powers of entry

158. Section 57 also makes amendments to the 1967 Act. Section 57(2) adds a new section 4CA to the 1967 Act which provides a power of entry exercisable by BSFOs in relation to any land other than a dwellinghouse. New section 4CA(1) provides that BSFOs may do certain things that are necessary to gain entry in relation to any land. This includes opening lockfast places, and removing any obstacles. New section 4CA(2) makes provisions for BSFOs to enter land on foot or with a vehicle and take any necessary person or equipment with them. New section 4CA(4) places a duty on BSFOs that, if requested, they must produce evidence of their identity.

159. Section 57(3) amends section 4D of the 1967 Act to make provision so that a constable may arrest without warrant someone suspected of failing to comply with a requirement imposed by a BSFO under section 4CA(1), or obstructing a BSFO from exercising the new power of entry.

Crown application: Scotland

160. Section 57(5) adds a new section 24A to the 1967 Act which relates to the application of the new section 4CA to the Crown. New section 24A(1) applies the new power of entry in section 4CA to Crown land. Most of the foreshore around Scotland is owned by the Crown. By virtue of the definition of Crown land in new section 24A(5), Her Majesty’s private estates are exempt from the new power of entry in section 4CA and new section 24A(3) exempts the Crown from any criminal liability.