UK Offence Report

The Undersized Lobsters (Scotland) Order 2000

Scottish Statutory Instrument 2000 No. 197 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
15 June 2000
In force from
7 July 2000
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Sea Fish (Conservation) Act 1967

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 prescribes a minimum size for the landing of lobsters (Homarus gammarus) (article 3(1)). There is an exemption from the minimum landing size for the landing of lobsters from foreign fishing boats (article 3(2)). The Order also prescribes a minimum size for the sale of lobsters (article 4(1)) and for the carriage of lobsters on a Scottish fishing boat anywhere, or relevant British fishing boat in the Scottish zone (article 5). There is an exemption from the minimum sale size for lobsters which are landed from foreign fishing boats (article 4(2)). The Order also gives British sea-fishery officers further enforcement powers in relation to all Scottish fishing boats (wherever they may be) and relevant British fishing boats within the Scottish zone, but it does so only as a matter of Scots law (article 6). They already have powers under section 15(2) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”), as amended by the Fisheries Act 1981, to seize any fish in respect of which an offence has been or is being committed under section 1(3) of the 1967 Act. Offences and penalties are prescribed respectively by section 1(7) and (8) and section 11 of the 1967 Act. This Order revokes the Undersized Lobsters Order 1993, in so far as it relates to Scotland. This Order is made in reliance on Article 46 of Council Regulation (EC) No. 850/98 (O.J. No. L125, 27.04.98, p.1), laying down certain technical measures for the conservation of fishery resources, which authorises Member States to take certain national measures for the conservation and management of local stocks. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from SERAD, Sea Fisheries Division, Room 518, Pentland House, Robb’s Loan, Edinburgh EH14 ITY.

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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