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The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005

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This is the original version (as it was originally made).

Registration of fish sellers

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3.—(1) A registered fish seller is authorised for the purposes of Article 9, insofar as he sells first sale fish by any form of competitive bidding at a designated auction site either on his own behalf or as the seller’s agent.

(2) Any person may apply, using such form as the Secretary of State may prescribe, to the Secretary of State to be registered as a fish seller.

(3) An applicant for registration as a fish seller shall include with his application a statement of the facilities and the proposed methods of operation he intends to use and of the place where he intends to maintain his records of sales of first sale fish.

(4) In considering an application for registration the Secretary of State shall take into account whether the statement as to the facilities and proposed methods of operation of the fish seller, and of the place where he intends to maintain his records of sales of first sale fish, are such as to assist compliance by the fish seller with Article 9, Article 22 of the CFP Regulation and these Regulations.

(5) The Secretary of State shall notify an applicant in writing of her decision on an application made to her in accordance with this regulation.

(6) Where the Secretary of State grants a registration the Secretary of State shall specify the conditions, listed at Schedule 1, subject to which the registration is granted.

(7) The Secretary of State shall publish a list of registered fish sellers in such manner as she sees fit.

(8) The registration of a fish seller may be suspended where, in the view of the Secretary of State, the registered fish seller has not —

(a)complied with a condition of registration; or,

(b)complied with any requirement of Article 9, Article 22 of the CFP Regulation or these Regulations.

(9) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.

(10) Any registered fish seller who sells first sale fish in breach of a condition of his registration is guilty of an offence.

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