Aquaculture and Fisheries (Scotland) Act 2007

38 Information about fish farming and shellfish farming: economic, social and environmental aspects

(1) The Scottish Ministers may make an order under this section for the purpose of obtaining information in relation to the economic, social and environmental aspects of—

(a) fish farming,

(b) shellfish farming.

(2) An order under this section may require any person who carries on a business of fish farming or shellfish farming—

(a) to provide to the Scottish Ministers such information, in writing, as may be specified in the order in relation to the purpose mentioned in subsection (1),

(b) to compile such records as may be so specified in relation to that purpose,

(c) to retain for such period (not exceeding 3 years) as may be so specified, any records compiled by virtue of paragraph (b).

(3) An inspector may require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of an order made under this section.

(4) Information provided, records compiled and records retained under this section may be provided, compiled and retained electronically.

(5) A person commits an offence who—

(a) fails, without reasonable excuse, to comply with a requirement of an order under this section,

(b) in purported compliance with a requirement of an order under this section knowingly provides any information or compiles a record which is false in a material particular,

(c) knowingly alters a record compiled in accordance with a requirement of an order under this section so that the record becomes false in a material particular.

(6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) In this section, “fish farming”, “inspector” and “shellfish farming” have the same meanings as in Part 1.