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Aquaculture and Fisheries (Scotland) Act 2007

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This is the original version (as it was originally enacted).

8Monitoring and enforcement: code of practice

This section has no associated Explanatory Notes

(1)The Scottish Ministers are to monitor compliance with any approved code.

(2)Where the Scottish Ministers are satisfied that a person who carries on a business of—

(a)fish farming,

(b)shellfish farming,

is not complying with an approved code in a material regard, the Scottish Ministers may serve a notice on that person.

(3)Where it appears to the Scottish Ministers that a person who carries on a business of—

(a)fish farming,

(b)shellfish farming,

is likely not to comply with an approved code in a material regard, the Scottish Ministers may serve a notice on the person.

(4)A notice served by virtue of subsection (2) or (3) may require—

(a)the execution of such works,

(b)the taking of such other steps,

as the Scottish Ministers consider necessary for securing compliance with the approved code in any particular respect.

(5)Subsections (6) to (13) of section 6 apply to a notice served by virtue of subsection (2) or (3) as they apply to an enforcement notice.

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