UK Offence Report

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order (Northern Ireland) 2010

Northern Ireland Statutory Rule 2010 No. 168 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
29 April 2010
In force from
31 May 2010
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
(EC) No 1566/2007, (EC) No 1966/2006, Commission Regulation (EC) No 1077/2008, European Communities Act 1972, Fisheries Act 1981, Schedule 2 of the European Communities Act 1972

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 amends the Sea Fishing (Enforcement of Community Control Measures) Order 2000 (S.I. 2000/51) (“the 2000 Order”) in relation to Northern Ireland. It provides for the enforcement of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (OJ No L 409, 30.12.2006, p 1) and Commission Regulation (EC) No 1077/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 and repealing Regulation (EC) No 1566/2007 (OJ No L 295, 4.11.2008, p 3) in relation to the requirement to submit sales notes and take-over declarations electronically. Article 2(3) establishes a public register, to be maintained by the Department of Agriculture and Rural Development, of those required to submit sales notes electronically because they have an annual financial turnover in excess of €400,000. A failure by a seller or a buyer of fish to inform the Department of Agriculture and Rural Development by 1st October in any calendar year whether it has such a financial turnover is an offence which is punishable on summary conviction by a maximum fine of £50,000 or, on indictment, by a fine. Article 2(6) amends paragraphs 2(e) and (f) of the Schedule to the 2000 Order to make it an offence for a first seller, or a buyer, of fish with an annual financial turnover in excess of €400,000 not to submit sales notes electronically. It also makes it an offence for the holder of the fish when products are not offered for sale or are intended for sale at a later date not to submit take-over declarations electronically. The maximum fine on summary conviction for breach of either offence is £50,000 or, on indictment, a fine. A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the library of the Assembly, and on the Departmental website.

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.

Check the source