Search Legislation

Aquaculture and Fisheries (Scotland) Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 1

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Aquaculture and Fisheries (Scotland) Act 2013, Section 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1Fish farm management agreements and statementsS

This section has no associated Explanatory Notes

(1)The Aquaculture and Fisheries (Scotland) Act 2007 is amended in accordance with this section.

(2)After section 4 insert—

Fish farm management agreements and statementsS
4AFish farm management agreements and statements

(1)A person who carries on a business of fish farming at a fish farm located within a farm management area must—

(a)be party to a farm management agreement, or prepare and maintain a farm management statement, in relation to the fish farm, and

(b)ensure that the fish farm is managed and operated in accordance with the agreement or (as the case may be) statement.

(2)For the purposes of this section, a “farm management agreement” is an agreement—

(a)between two or more persons who carry on a business of fish farming at fish farms located in a farm management area, and

(b)which contains provision about the matters specified in subsection (4).

(3)For the purposes of this section, a “farm management statement” is a statement—

(a)prepared and maintained by a person who—

(i)carries on a business of fish farming at a fish farm located in a farm management area, and

(ii)is not, in relation to that fish farm, party to a farm management agreement, and

(b)which contains provision about the matters specified in subsection (4).

(4)The matters referred to in subsections (2)(b) and (3)(b) are—

(a)a description of the farm management area and the fish farm or farms to which the agreement or statement applies,

(b)arrangements for—

(i)fish health management,

(ii)management of parasites,

(iii)the movement of live fish on and off the farms,

(iv)the harvesting of fish,

(v)fallowing of the farms after harvesting,

(c)review of the agreement or statement at least every 2 years,

(d)in the case of a farm management agreement, arrangements for persons to become, or cease to be, parties to the agreement.

(5)In this section—

  • the “Code of Practice” means the document called the Code of Good Practice for Scottish Finfish Aquaculture as issued and revised from time to time by the body known as the Code of Good Practice Management Group,

  • farm management area” means an area specified as such in the Code of Practice.

(6)The Scottish Ministers may by order modify the definition of the Code of Practice in subsection (5) so as to—

(a)substitute a reference to another document for the one for the time being referred to in that definition,

(b)substitute a reference to another body for the one for the time being referred to in that definition.

(7)An order under subsection (6) may—

(a)include incidental, supplemental, consequential, transitional, transitory or saving provision,

(b)modify any enactment, instrument or document.

4BInspections: farm management agreements and statements

(1)An inspector may carry out an inspection of any fish farm to which section 4A(1) applies for the purpose of ascertaining whether that section is being complied with.

(2)In particular, an inspection under subsection (1) may include—

(a)taking samples (including samples of fish or material from fish),

(b)examining, and taking copies of, documents or records.

(3)An inspector may arrange for the carrying out of such tests as the inspector considers necessary, using samples taken during an inspection under subsection (1), for the purpose mentioned in subsection (1)..

(3)In section 6 (enforcement notices), for subsection (1) substitute—

(1)Where the Scottish Ministers are satisfied that a person who carries on a business of fish farming—

(a)does not have satisfactory measures in place for any of the purposes mentioned in subsection (2), or

(b)in relation to a fish farm to which section 4A(1) applies, has failed or is failing to comply with that section,

the Scottish Ministers may serve a notice (“an enforcement notice”) on the person..

(4)In section 43(3) (orders subject to affirmative procedure), in paragraph (a), after “section” insert “ 4A(6) or ”.

Commencement Information

I1S. 1 in force at 16.9.2013 by S.S.I. 2013/249, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources