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The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006

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This is the original version (as it was originally made).

Designation of fish auction sites

6.—(1) Any person may apply to the National Assembly, using such form as it may prescribe, to have a place designated for the purposes of Article 9 and Article 22 of the CFP Regulation as a fish auction site.

(2) An application for designation under this regulation must include a statement as to the facilities and proposed methods of operation which will be used at the site.

(3) In considering an application for designation under this regulation the National Assembly will 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 Article 9, Article 22 of the CFP Regulation and these Regulations.

(4) The National Assembly must notify the applicant in writing of its decision on an application for designation made in accordance with this regulation.

(5) Where the National Assembly grants a designation it will be subject to and must specify the conditions listed at Schedule 2.

(6) The National Assembly must publish a list of designated fish auction sites in such a manner as it sees fit.

(7) The designation of a fish auction site may be suspended where in the view of the National Assembly–

(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 Article 9, Article 22 of the CFP Regulation 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 fish auction site, or part of such 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 fish auction site” includes, in relation to a designated fish auction site or any part of such a site, the owner of the site or that part, or the owner’s agent, or any person who exercises any control over or is in possession of the site or that part.

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