Fisheries Act 2020

Power of the Scottish Ministers

1 (1) The Scottish Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—

(a) the conservation, enhancement or restoration of the marine and aquatic environment;

(b) the promotion or development of commercial fish or aquaculture activities;

(c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

(d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

(e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

(f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

(g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

(h) improving the arrangements for the use of catch quotas or effort quotas;

(i) the promotion or development of recreational fishing.

(2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Scottish Ministers.

(3) The scheme may only provide for financial assistance to be given—

(a) in relation to Scotland or the Scottish zone, or

(b) in relation to Scottish fishing boats.

(4) The scheme may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(c) require the Scottish Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

(7) The scheme may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(8) Regulations under this paragraph are subject to the affirmative resolution procedure.

(9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—

  (a)

  P’s spouse or civil partner,

  (b)

  a child or grandchild of P or of P’s spouse or civil partner, or

  (c)

  a parent or grandparent of P or of P’s spouse or civil partner;

• “financial assistance” means grants or loans.