SIC Statutory records kept by a fish farming business – Fish Legal on behalf of Loch Awe Improvement Association and Argyll District Salmon Fishery Board (Fish Legal) requested from the Scottish Ministers (the Ministers) information relating to an escape of farmed fish including statutory records kept by the fish faming business. The Ministers responded by providing much of the information requested but also indicated that they did not hold the information contained in statutory records maintained by the fish farming business. Following a review, Fish Legal remained dissatisfied and applied to the Commissioner for a decision, arguing that the records were held by the fish farm on behalf of the Ministers, and so (in terms of regulation 2(2)(b)) were held by the Ministers for the purposes of the EIRs.
Following an investigation, the Commissioner found that statutory records compiled and retained by the fish farming business were not held on behalf of the Ministers therefore that the Ministers were correct to advise Fish Legal that these records were not held.
Citations:
[2010] ScotIC 116 – 2010
Links:
Scotland, Information
Updated: 08 September 2022; Ref: scu.433844