The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2015

Publication Date:January 01, 2015
 
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2015No. 113

ENVIRONMENTAL PROTECTION

FISH FARMING

LICENSING (MARINE)

SEA FISHERIES

SHELLFISH

The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2015

11thMarch2015

13thMarch2015

27thApril2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 26(5), 27(1) and (3), 29(2)(b) and 43(1)(b) of the Aquaculture and Fisheries (Scotland) Act 2007( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2015 and comes into force on 27th April 2015.

(2) In this Order "the Act" means the Aquaculture and Fisheries (Scotland) Act 2007.

Specification of shorter period for paying fixed penalty notice

2. The period specified for the purposes of section 26(4) of the Act is 7 days in relation to a person to whom a notice( 2) is issued who is domiciled or resident outside the United Kingdom.

Scale of fixed penalties

3. The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in the Schedule to this Order.

Address at which and method by which fixed penalty is payable

4.-(1) The address specified for the purposes of section 27(3) of the Act is the Scottish Government, Banking and Reconciliation Team, Treasury and Banking Branch, Victoria Quay, Edinburgh, EH6 6QQ.

(2) The methods of payment specified for the purposes of section 27(3) of the Act are payment by-

(a) cheque;(b) transfer using the Bankers Automated Clearing Service; and(c) debit card.

Person to whom and address to which intimation of non-payment of fixed penalty to be sent

5. The person and address specified for the purposes of section 29(2)(b) of the Act is the Enforcement Team Leader, Marine Scotland Compliance, Victoria Quay, Edinburgh, EH6 6QQ.

Revocations

6. The following Orders are revoked-

(a) the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008( 3); and(b) the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011( 4).

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh

11th March 2015

SCHEDULE

Article 3

Scale of fixed penalties

Penalty Level

Amount

1

£500

2

£1,000

3

£2,000

4

£4,000

5

£5,000

6

£8,000

7

£10,000

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for fixed penalty notices which are provided for in sections 25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 ("the Act").

In terms of section 25(1) of the Act, if a fixed penalty officer has reasonable grounds for suspecting that a person has committed a relevant offence then the...

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