Decommissioning grants3.

(1)

Any person who owns a registered vessel–

(a)

which is at least 10 metres in length;

(b)

in respect of which there is a relevant licence;

(c)

which whilst registered has, during the relevant period, spent at least the appropriate number of days at sea on fishing trips;

(d)

which, in the case of a vessel over 12 metres in registered length, has, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 197511 or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport; and

(e)

which is a Scottish based vessel,

may make an application to the Scottish Ministers for a grant in respect of that vessel.

(2)

The Scottish Ministers shall publish a notice specifying the relevant period and the appropriate number of days in such manner as they consider appropriate.

(3)

Notwithstanding sub-paragraph (1), the Scottish Ministers may reject an application in respect of a vessel which in their opinion is not fit for undertaking fishing trips.

(4)

For the purposes of this paragraph–

“the appropriate number of days” means such number of days as the Scottish Ministers may from time to time determine;

“Category A licence” means a licence granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 196712 which authorises fishing in all or any part of the Community waters for all or any of the species of sea fish for which the United Kingdom has a share of the Community total allowable catch13;

“port of administration” means the port from which the licence granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 is issued;

“relevant licence” means a Category A licence, other than a Category A (Pelagic Purser), Category A (Pelagic Freezer) and Category A (Pelagic Trawler) licence;

“the relevant period” means such period as the Scottish Ministers may from time to time determine; and

“Scottish based vessel” means a vessel, the port of administration of which is, throughout the period from 1st January 2003 until the date of the application relating to the vessel, both dates inclusive, a port in Scotland.