{
  "url": "https://openlegislation.uk/fishing-boats-eu-electronic-reporting-scotland-scheme-2010/note",
  "json_url": "https://openlegislation.uk/fishing-boats-eu-electronic-reporting-scotland-scheme-2010/note.json",
  "legislation": "ssi/2010/374",
  "legislation_title": "The Fishing Boats (EU Electronic Reporting) (Scotland) Scheme 2010",
  "legislation_url": "https://openlegislation.uk/fishing-boats-eu-electronic-reporting-scotland-scheme-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Scheme)\nThis Scheme makes provision for the making of grants by the Scottish Ministers in respect of the purchase of software to facilitate the electronic recording and transmission of fishing logbook, transhipment declaration and landing declaration data on board fishing boats of 12 metres length overall or more in accordance with Articles 15, 22 and 24 of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (O.J. No. L 343, 22.12.2009, p.1).\nApplications for grant will be considered in respect of fishing boats meeting the requirements set out in paragraph 3 of the Scheme. These include requirements that the vessels must have an overall length of 12 metres or more and must be a “Scottish based fishing boat” as defined in paragraph 3(3).\nParagraphs 4 and 5 of the Scheme lay down a procedure for the making, consideration and approval of applications.\nParagraph 6 provides that applicants who have had their application approved under paragraph 5 are eligible for payment of grant and sets out the circumstances in which the Scottish Ministers will not make payment of grant to an applicant whose application has been approved.\nParagraph 7 provides that the Scottish Ministers may make payment of grant by instalment at intervals and times determined by them, and that they may make payment of grant direct to the authorised supplier (defined in paragraph 2) on the applicant’s behalf.\nParagraph 8 provides for a review of a decision of the Scottish Ministers to reject an application made under this Scheme.\nParagraph 10 sets out the powers of authorised officers (defined in paragraph 2) and paragraph 9 requires any applicant or any employee or agent of an applicant to give such assistance to an authorised officer as may reasonably be requested.\nParagraph 11 gives the Scottish Ministers power, in certain circumstances, to revoke the approval of an application or to withhold grant, or any part of it and, where any payment of grant has already been made, to recover from the applicant a sum equal to grant paid, irrespective of whether the payment of grant was made to the applicant direct or to the authorised supplier on the applicant’s behalf.\nParagraph 12 makes provision as to the recovery of interest on sums recovered under paragraph 11.\nSection 17 of the Fisheries Act 1981 creates offences in respect of the production of false statements or documents in purported compliance with any requirement imposed by any Scheme made under the Fisheries Act 1981 and wilful refusal to supply information, make returns or produce documents when required to do so by or under the Scheme.\nNo regulatory impact assessment has been prepared for this instrument as it has no direct impact on the costs of businesses, charities or the voluntary sector.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/374/note",
    "retrieved_at": "2026-10-28T21:53:25.674409+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}