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

Designation of fish auction sites

This section has no associated Explanatory Memorandum

6.—(1) Any person may apply to the Secretary of State, using such form as she may prescribe, to have a place designated for the purposes of [F1Chapter II of Title V] as a fish auction site.

(2) An applicant for designation shall include with his application a statement as to the facilities and proposed methods of operation he will use at the site.

(3) In considering an application for designation the Secretary of State shall take into account whether the statement as to the facilities and proposed methods of operation at the site are such as to assist compliance with [F2Chapter II of Title V] and these Regulations.

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

(5) Where the Secretary of State grants a designation she shall specify the conditions, listed at Schedule 2, subject to which the designation is granted.

(6) The Secretary of State shall publish a list of designated fish auction sites in such a manner that she sees fit.

(7) The designation of a site may be suspended where in the view of the Secretary of State—

(a)a condition subject to which the designation was granted has not been complied with; or

(b)the methods of operation and facilities at the site do not comply with the requirements of [F3Chapter II of Title V] or these Regulations.

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

(9) Any person who has control over a designated site, or part of a site, and breaches a condition of the site's designation, is guilty of an offence.

(10) In this regulation—

“person who has control of a designated site” includes, in relation to the site or a part of the site, the owner of the site or that part, or his agent, or any person who exercises any control over or is in possession of the site or that part .

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