UK Offence Report

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005

Northern Ireland Statutory Rule 2005 No. 452 — creates 18 criminal offences.

18offences created
0recorded in force
0revoked
Made
13 October 2005
In force from
14 November 2005
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
Fisheries Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order provides for the enforcement in Northern Ireland of Commission Regulation (EC) 2244/2003 (O.J. No. L333, 20.12.03. p. 17) laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (“the Commission Regulation”). The Order contains provisions relating to relevant Northern Ireland fishing boats, and British and Community fishing boats within the Northern Ireland zone (Articles 5 to 9). The Order contains provisions relating to; the installation of a satellite-tracking device (Article 5); the switching off of a satellite-tracking device in port without prior notification (Article 6); the information to be transmitted by the satellite-tracking device (Article 7); the responsibilities relating to a satellite-tracking device (Article 8) and the technical failure or non-functioning of a satellite-tracking device (Article 9). In addition the Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to), of the aforementioned provisions. Further the Order contains provisions relating to third country fishing boats within the Northern Ireland zone (Articles 11 to 14). The Order contains provisions relating to: the installation of satellite-tracking device (Article 11); the information to be transmitted by the satellite-tracking device (Article 12); the responsibilities relating to the satellite-tracking device (Article 13) and the technical failure or non-functioning of the satellite tracking device (Article 14). In addition the Order creates offences in respect of the contravention, by the person in charge of the relevant fishing boat (or the individuals otherwise specifically referred to), of the aforementioned provisions. The Order provides that the person guilty of an offence under it, other than an offence under Article 19 is liable, on summary conviction, to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. The Order also provides for the recovery of fines imposed, or treated as imposed by a magistrate’s court (Article 19). For the purposes of enforcing the Commission Regulation the Order confers on British sea-fishery officers the powers to: board fishing boats; test any equipment on board; require the production of documentation relating to the boat, equipment, or fishing or ancillary operations; search the boat; remove the satellite-tracking device or any other equipment on the boat; take the boat to the nearest convenient port and detain the boat (Article 17). Protection of such officers from liability is set out in Article 18 and impeding them is an offence under Article 19, with a fine up to the statutory maximum on summary conviction and a fine on conviction on indictment. Articles 20 and 21 deal with corporate and equivalent offences and admissibility of documents in evidence. Revocation is carried out in Article 22.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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