Procurator Fiscall Banff v. Stewart Polland

The respondent was charged on summary complaint at the instance of the complainer with a contravention of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 4) (Scotland) Order 2003 Article 4 ("the Order") and the Food and Environment Protection Act 1985 (as amended) sections 1(1) (2) and (6) ("the Act"). He tendered a plea to the competency of the complaint. The respondents contention was that the Orderin particular article 4 was beyond the powers conferred on the Scottish Ministers by the Act. The issue was debated before the sheriff and he sustained the plea to competency and dismissed the complaint. In this Bill of Advocation the complainer seeks to have that decision recalled.