| Guvnor

Enforced by: Scottish Government
Status: In Force
Penalty ceiling: Prosecution 4 of 13 obligations carry a fine up to £2,500. 4 carry different penalties and 5 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person9 Trader1

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Trader — also bound by 864 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 244 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.002 Information: offences Prosecution

Fail to comply with fish farm information orderAny Person

Fine up to £2,500

s.004 Fish farm management agreements and statements Regulated

Have a fish farm management agreement or statement and comply with itTrader

s.006 Enforcement notices Prosecution

Contravene an enforcement notice for fish/shellfish farmingAny Person

Fine up to £2,500

s.008 Monitoring and enforcement: code of practice Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must monitor compliance with approved codesCrown / Minister / Government department

s.011 Offences: general Prosecution

Fail to comply with inspector or obstruct inspectionAny Person

Fine up to £2,500

s.014 Preliminary designation of area by order Regulated

Intentionally breach order restricting fish movementsAny Person

s.016 Clearance of certain fish farms Regulated

Intentionally contravene fish farm clearance noticeAny Person

s.021 Prohibition against using pike gags and certain keepnets Prosecution

Use pike gag or banned keepnet when fishingAny Person

Fine up to £1,000

s.022 Close times for freshwater fish Prosecution

Fish, take or possess freshwater fish during close timeAny Person

Fine up to £1,000

s.026 Content and form of fixed penalty notice Regulated

Other duties (1) — Crown / regulator

Fixed penalty notices must state offence, amount, payment terms and consequencesCrown / Minister / Government department

s.030 Restriction on proceedings and notification of procurator fiscal Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must notify procurator fiscal before fixed-penalty proceedingsCrown / Minister / Government department

s.034 Unauthorised introduction of fish into certain marine waters Regulated

Do not introduce live fish into specified marine waters without consentAny Person

s.038 Information about fish farming and shellfish farming: economic, social and environmental aspects Prosecution

Fail to provide required fish/shellfish farming informationAny Person

Fine up to £2,500

35 other provisions — procedural and definitional

s.001 Information about fish farms and shellfish farms

s.003 Inspections: parasites

s.004 Meaning of parasite in Part 1

s.004 Inspections: farm management agreements and statements

s.005 Inspections: containment and escape of fish

s.005 Obtaining samples from fish farms

s.007 Code of practice

s.009 Powers of inspectors: entry

s.010 Entry: supplementary

s.012 Interpretation: Part 1

s.013 Order under section 2 of the 1937 Act: additional powers

s.015 Creation of barriers to movement of fish, treatment of waters with chemical agents

s.017 Gyrodactylus salaris: Scottish Ministers' powers to take other measures

s.018 Gyrodactylus salaris: Scottish Ministers' power to make payments

s.019 Use of gaff, tailer or landing net

s.020 Rod and line

s.023 Exemption from certain offences

s.024 Freshwater fish conservation regulations

s.025 Issue of fixed penalty notices

s.027 Amount and payment of fixed penalty

s.028 Effect of payment

s.029 Intimation of non-payment

s.031 Withdrawal of fixed penalty notice or expiry of period for paying

s.032 Amendment of the Sea Fisheries (Shellfish) Act 1967

s.033 Enforcement of Community obligations

s.035 Unauthorised introduction of fish into inland waters

s.036 Payments in respect of fish destroyed

s.037 Payments for certain purposes

s.039 Crown application

s.040 Offences by bodies corporate etc.

s.041 Minor and consequential amendments

s.042 Ancillary provision

s.043 Orders

s.044 Interpretation: general

s.045 Short title and commencement

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Get authorised as a fish or shellfish farm in Scotland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Aquaculture and Fisheries (Scotland) Act 2007

Does it bind you?

Other Acts binding the same actors

What it requires

Help complying