The Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/103 |
| Year | 2015 |
(1) These Regulations may be cited as the Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015 and come into force on 3rd April 2015.(2) These Regulations extend to Scotland only.(1) In these Regulations—The Scottish Ministers are designated as the competent authority for the purposes of Article 5 of Council Regulation 708/2007. must be in writing;must be identifiable by reference to a unique number;must specify the duration for which it is issued;must specify the species to which it applies;must specify the aquaculture facility into which the movement is permitted;must specify the monitoring period where the competent authority considers that a monitoring period longer than the period of 2 years prescribed in Article 18(1) of Council Regulation 708/2007 is required; andmay be made subject to such conditions as the competent authority considers appropriate.notify the applicant in writing;send with the notification the reasons for its decision; andinform the applicant in writing of the right of appeal under regulation 8.(1) The competent authority may amend a permit or any condition imposed by a permit.on the initiative of the competent authority; oron the application in writing by the permit holder.(3) An application under paragraph (2) (b) must be in such form and contain such information as the competent authority may reasonably require.the amendment or any decision not to make the amendment;the reasons for making the amendment or any decision not to make it;the date on which the amendment is to take effect; andinformation on the right of appeal under regulation 8.(1) The competent authority may suspend a permit by serving the permit holder with written notice where it considers that the permit holder has not complied with, is not complying with, or is not likely to comply with any condition of the permit or any provision of Council Regulation 708/2007 or these Regulations.the date on which the suspension is to take place and its duration;the reasons for the suspension; andinformation on the right of appeal under regulation 8.(3) The notice may include a direction requiring the removal and disposal of any aquatic organism to which the permit relates in such manner as may be specified in the notice.(1) The competent authority may revoke a permit by serving the permit holder with written notice where it considers that the permit holder has not complied with, is not complying with, or is not likely to comply with any condition of the permit or any provision of Council Regulation 708/2007 or these Regulations.the date on which the revocation is to take place;the reasons for the revocation; andinformation on the right of appeal under regulation 8.(3) The notice may include a direction requiring the removal and disposal of any aquatic organism to which the permit relates in such manner as may be specified in the notice.a notice served under regulation 4(2) (refusal of permit or grant of permit subject to conditions) ;a notice served under regulation 5(4) (amendment of permit) ;a notice served under regulation 6(1) (suspension of permit) ; ora notice served under regulation 7(1) (revocation of permit) .to make written representations to the competent authority; orto serve on the competent authority written notice that the permit holder wishes to appear before and be heard by an independent person appointed by the competent authority.the competent authority must appoint an independent person to consider the representations;that person must consider the representations and provide a report to the competent authority; andif the appellant requests the competent authority must provide a copy of that report.the competent authority must appoint an independent person to hear representations (“the appointed person”) and specify a time limit within which representations must be made;if the appellant requests, the hearing must be in public;the appointed person must consider the representations and provide a report to the competent authority; andif the appellant requests, the competent authority must provide a copy of the appointed person’s report.
- “an Annex IV species” means any species listed in Annex IV to Council Regulation 708/2007, as amended from time to time;
- “aquaculture facility” includes an open and a closed aquaculture facility;
- “Council Regulation 708/2007” means Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture;
- “inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;
- “permit” means a permit applied for and issued under Council Regulation 708/2007; and
- “Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland.
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