Explanatory Note
(This note is not part of the Order)
This Order, which forms part of Scots law only, contains emergency prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose by virtue of shellfish having been affected by the toxin which causes paralytic shellfish poisoning in human beings.
The Order designates an area within which taking mussels, razor clams and scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of mussels, razor clams and scallops out of that area (article 5). Other restrictions are imposed in relation to the use of any mussels, razor clams and scallops taken from that area.
(a)on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £5,000);
(b)on conviction on indictment, an unlimited fine, or imprisonment for a term of not more than two years, or both.
Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.