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Aquaculture and Fisheries (Scotland) Act 2013

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    The Act

    Part 1 Aquaculture

    Chapter 2 – Fish Farming: Equipment and Wellboats
    Wellboats
    Section 8 - Power to detain well boats in connection with court proceedings

    27.Section 8 provides an enforcement power for MEOs to detain wellboats in connection with court proceedings.

    28.Section 8(2) provides that an MEO may take, or may arrange for others to take, a wellboat and its crew to the nearest convenient port for the purposes of detaining it. It allows an MEO to give instructions to anyone who appears to be in charge of the vessel to take it and its crew, to port.

    29.Section 8(4) and (5) requires an MEO to serve a notice of detention on the person who appears to be in charge of the wellboat, which must include the reasons for detaining it and the circumstances under which it may be released. A notice of detention under section 9(4) must be withdrawn if any ground of release specified in section 9(5).

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