Procurator Fiscal Banff v. Poland [2005] ScotHC HCJAC_18 (25 February 2005)

Procurator Fiscal Banff v. Poland [2005] ScotHC HCJAC_18 (25 February 2005)

Article 4 of the Order, prohibiting 'fishing for or taking' scallops, was within the powers conferred by the Act, as the statutory language permitted prohibition of both activities separately to ensure effective public protection against food poisoning.

Citation
[2005] ScotHC HCJAC_18
Parties
Complainer: Procurator Fiscal, Banff; Respondent: Stewart Poland
Jurisdiction
Scotland
Judgment Date
25 February 2005
Procedural Posture
Crown Bill of Advocation / Appeal Against Sheriff's Decision on Competency of Complaint
Outcome
Sheriff's decision recalled; case remitted to sheriff to proceed as accords.
Legal Topics
Ultra Vires, Statutory Interpretation, Emergency Food Protection Orders, Powers of Scottish Ministers
Criminal Law Administrative Law Food Safety Law Ultra Vires Statutory Interpretation Emergency Food Protection Orders Powers of Scottish Ministers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Procurator Fiscal, Banff

Complainer

Stewart Poland

Respondent

Procedural Posture

Crown Bill of Advocation / Appeal Against Sheriff's Decision on Competency of Complaint

Legal Issues

  1. 1 Whether article 4 of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 4) (Scotland) Order 2003 was within the powers conferred by the Food and Environment Protection Act 1985
  2. 2 Whether the prohibition of 'fishing for or taking' scallops exceeded the statutory power to prohibit 'fishing for and taking' fish

Ratio Decidendi

Article 4 of the Order, prohibiting 'fishing for or taking' scallops, was within the powers conferred by the Act, as the statutory language permitted prohibition of both activities separately to ensure effective public protection against food poisoning.

Court Disposition

Sheriff's decision recalled; case remitted to sheriff to proceed as accords.

Orders

  • Recall the sheriff's decision of 16 June 2004
  • Remit to the sheriff to proceed as accords