SCHEDULES
SCHEDULE 7Imposition of charges: powers of devolved authorities
Power of Scottish Ministers
1
1
The Scottish Ministers may by regulations make provision for the Scottish Ministers to impose charges in respect of the exercise by them of a relevant marine function.
2
“Relevant marine function” means a function relating to—
a
fishing quotas;
b
ensuring that commercial fish activities are carried out lawfully;
c
the registration of buyers and sellers of first-sale fish;
d
catch certificates for the import and export of fish.
3
The charges which may be authorised by the regulations are—
a
a charge on a person in respect of the exercise of a function in relation to that person, or
b
periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.
4
The regulations may include provision about—
a
who is liable to pay a charge;
b
the circumstances in which a charge is payable;
c
the amount of a charge (including how an amount is to be calculated);
d
reductions and exemptions;
e
waivers;
f
how and when a charge is to be paid;
g
the collection and recovery of payments;
h
interest payable on outstanding payments;
i
the resolution of disputes (including appeals).
5
The regulations may confer a discretion on the Scottish Ministers.
6
A power conferred on the Scottish Ministers under this paragraph does not affect, and is not affected by, any other power of the Scottish Ministers to impose charges.
7
Before making regulations under this paragraph the Scottish Ministers must consult such persons as they consider appropriate.
8
Regulations under this paragraph are subject to the negative resolution procedure.
9
In this paragraph—
“first-sale fish” means fish which is marketed for the first time;
“fishing quota” means—
- a
a catch quota or an effort quota, or
- b
any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.
- a