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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Registration of Fish Farming and Shellfish Farming Businesses Amendment (Scotland) Order 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020193.html |
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The Scottish Ministers, in exercise of the powers conferred by section 7(1), (2) and (3) of the Diseases of Fish Act 1983[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Registration of Fish Farming and Shellfish Farming Businesses Amendment (Scotland) Order 2002 and shall come into force on 10th May 2002. (2) This Order extends to Scotland only. Amendment of the Registration of Fish Farming and Shellfish Farming Business Order 1985 2. - (1) The Registration of Fish Farming and Shellfish Farming Businesses Order 1985[2] is amended as follows. (2) For article 2(1) (interpretation) there is substituted-
(3) After article 4 there is inserted-
4A. - (1) A person who carries on a business of fish farming that is required by article 3 to be registered shall notify the Scottish Ministers forthwith of-
(b) any circumstances on, or in the vicinity of, the fish farm which gave rise to a significant risk of an escape of fish.
(2) The notification required by paragraph (1) of this article shall be referred to in this Order as an initial notification and shall be in or as near as may be to the form, and shall contain the information, specified in Schedule 4 to this Order.
(b) the details of any steps taken by that person to recover those fish; and (c) the number of any fish recovered in the 14 days following the escape.
(2) The notification required by paragraph (1) of this article shall be referred to in this Order as a final notification and shall be in or as near as may be to the form, and shall contain the information, specified in Schedule 5 to this Order.".
(4) After paragraph 2 of Schedule 3 (particulars to be included in records) there is inserted -
(5) After Schedule 3 there are inserted the Schedules set out in Schedules 1 and 2 to this Order.   (This Note is not part of the Order) This Order amends the Registration of Fish Farming and Shellfish Businesses Order 1985 ("the principal Order"). It provides for the notification of circumstances giving rise to any escapes of fish, or of circumstances that gave rise to a significant risk of an escape of fish from fish farms registered in terms of article 3 of the principal Order (article 2(3)). It requires persons who carry on such businesses to notify the Scottish Ministers of such escapes in a prescribed form (article 2 and Schedule 1 to the Order). It also requires that details of the numbers of fish that have escaped, attempts to recover the fish and the numbers of fish recovered must also be notified within 28 days of the initial notification of the escape (article 2(3) and schedule 2). Copies of this information must be retained as part of the records kept in terms of the principal Order (article 2(4)). Section 7(7) of the Diseases of Fish Act 1983 empowers authorised persons to inspect records retained by virtue of the principal Order and section 8 of that Act creates offences in relation to the principal Order. The maximum penalty for such offences is level 4 on the standard scale which currently stands at £2,500. [1] 1983 c.30. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [2] S.I. 1985/1391; amended by S.I. 1994/1447 and 1997/1881.back
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| © Crown copyright 2002 | Prepared 30 April 2002 |
