PART 2FIRST SALE OF FISHERIES PRODUCTS
Registration of sellers of fisheries products8.
(1)
A registered seller of fisheries products is authorised for the purposes of Chapter II of Title V of the Control Regulation (control of marketing: post-landing activities), so far as that seller sells first sale fisheries products by way of competitive bidding at a registered auction.
(2)
Any person may apply to the Scottish Ministers to be registered as a registered seller of fisheries products.
(3)
Such an application must be in writing and must also—
(a)
be made in such form and manner;
(b)
include such information and undertakings; and
(c)
be delivered to such address,
as the Scottish Ministers may specify in a notice or from time to time require.
(4)
Having considered the application, the Scottish Ministers may—
(a)
register the applicant unconditionally;
(b)
register the applicant subject to such conditions as they consider appropriate; or
(c)
refuse the application.
(5)
The Scottish Ministers must notify the applicant in writing—
(a)
whether or not the application has been approved; and
(b)
where the application has been approved—
(i)
of any conditions that may be attached to the registration under paragraph (4)(b); and
(ii)
of the registration number allocated to the applicant for the purposes of this Part.
(6)
The Scottish Ministers must publish the fact that a person is a registered seller of fisheries products in such manner as they see fit.
(7)
A registered seller of fisheries products commits an offence if that seller fails to comply with any—
(a)
condition to which the registration of that seller is subject; or
(b)
undertaking provided in the application for registration.
(8)
A person commits an offence if that person, in an application under this article—
(a)
makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading;
(b)
makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading; or
(c)
intentionally fails to disclose any material information.
(9)
The registration of a registered seller of fisheries products may be suspended where, in the view of the Scottish Ministers, the registered seller of fisheries products has not—
(a)
complied with a condition of registration; or
(b)
complied with any requirement of Article 62, 63, 64, 66 or 67 of the Control Regulation.