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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2000/20000295.html
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The Scottish Ministers, in exercise of the powers conferred on them bysection 1(1) and (2) and section 24(3) of the Food and EnvironmentProtection Act 1985[1] and of all other powers enabling them inthat behalf, being of the opinion that there exist or may existcircumstances which are likely to create a hazard to human health throughhuman consumption of food and that in consequence food which is derived ormay be in the future derived from bivalve molluscs in the area described inthe following Order, is, or may be, or may become, unsuitable for humanconsumption, hereby make the following Order: Citation, commencement and interpretation 1. - (1) This Order may be cited as the Food Protection (Emergency Prohibitions)(Paralytic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Order 2000 andshall come into force at 1730 hours on 23rd August 2000. (2) In this Order "scallops" means scallops of the class ofpecten maximus and "relevant time" means 0001 hours on 23rdAugust 2000. Designated circumstances 2. In the opinion of the Scottish Ministers, scallops in the areadesignated in article 3 below may be affected by the toxin which causesparalytic shellfish poisoning in human beings and are likely to create ahazard to human health if they are consumed. Designated area 3. The area described in the Schedule to this Order is hereby designatedfor the purposes of Part I of the Food and Environment Protection Act 1985. Activity prohibited in the designated area 4. No person shall fish for or take any scallops in the designated area. Prohibited movement of scallops 5. No person shall move any scallops out of the designated area. Restrictions 6. No person shall-
(b) land any scallops which were in waters in the designated area after therelevant time; (c) supply, or have in possession for supply, any scallops which were inthe designated area after the relevant time; (d) supply, or have in possession for supply, any food or anything fromwhich food could be derived in the preparation or processing of whichanything was used in contravention of paragraph (a) of this article; or (e) feed to any creature a feeding stuff in the preparation or processingof which anything was used in contravention of paragraph (a) of thisarticle.
The area of sea below mean high water springs enclosed by a linestarting at 58(30' North latitude 3( West longitude; then north to 58(45'North latitude 3( West longitude; then east to Barth Head on SouthRonaldsay at 58(45' North latitude 2(59' West longitude; then east andnorth along the shoreline of South Ronaldsay, Burray, Glims Holm, LambHolm, the adjoining causeways and the mainland shore to 59( North latitude2(54.6' West longitude; then east to 59( North latitude 2( West longitude;then south to 58(45' North latitude 2( West longitude; then west to 58(45'North latitude 2(30' West longitude; then south to 58(30' North latitude2(30' West longitude; then west to the point of beginning. EXPLANATORY NOTE (This note is not part of the Order) This Order, which forms part of Scots law only, contains emergencyprohibitions restricting various activities in order to prevent humanconsumption of food rendered unsuitable for that purpose by virtue ofshellfish having been affected by the toxin which causes paralyticshellfish poisoning in human beings. The Order designates an area within which taking scallops is prohibited(articles 3 and 4 and the Schedule). It prohibits the movement of scallopsout of that area (article 5). Other restrictions are imposed in relation tothe use of any scallops taken from that area (article 6). It is an offence, by virtue of section 1(6) of the Food and EnvironmentProtection Act 1985 ("the Act"), as read with Schedule 1, paragraph 4to the Act as inserted by paragraph 10(13) of the Schedule to the ScotlandAct 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), tocontravene any of the prohibitions contained in this Order anywhere in theUnited Kingdom or United Kingdom waters. Under section 21 of the Act the penalty for contravening an emergencyprohibition is-
(b) on conviction on indictment, an unlimited fine, or imprisonment for aterm of not more than two years, or both.
Powers of enforcement in relation to emergency prohibitions areconferred by section 4 of, and Schedule 2 to, the Act. Obstruction ofenforcement officers is an offence under paragraph 10 of that Schedule.
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| © Crown copyright 2000 | Prepared 31 August 2000 |