The Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 2005 (revoked)

Scottish Statutory Instrument 2005 No. 330 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 8 June 2005
In force from: 1 July 2005
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
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 makes provision for the enforcement of certain enforceable Community restrictions and other obligations relating to sea fishing by vessels in certain areas as set out in Council Regulation (EC) No. 812/204 (O.J. No. L 150, 30.04.04, p.12, as amended by Corrigendum O.J. No. L 185 24.05.04, p.4). The Council Regulation provides for Member States to monitor the bycatch of cetaceans by the implementation of an observer scheme. It also requires certain vessels to deploy acoustic devices in relation to certain gear whilst fishing. Article 3 of the Order creates offences in respect of the failure to allow an observer on board a fishing vessel or the obstruction of an observer from carrying out the functions of an observer. Article 4 of the Order creates offences in respect of breaches of the provisions of the Council Regulation (Community control measure) specified in column 1 (and briefly described in column 2) of the Schedule to the Order. Penalties are specified for such offences and for offences under article 3 (article 5). The statutory maximum penalty specified is currently £5,000. Provision is made for the recovery of fines (article 6). The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats as well as on land in Scotland and in relation to the seizure of fish and fishing gear (articles 7, 8 and 9). Provision is made for the punishment of anyone found guilty of obstructing an officer (article 11). The Order also makes provision in relation to offences committed by bodies corporate and partnerships and the admissibility of certain documents (articles 12 and 13).

Offences created by this instrument

Obstruction of officers article 11 · Status not determined · Strict liability
Admittance of observers on board vessels article 3(2) · Status not determined · Strict liability
Subject to paragraph (2), where there is, in respect of– a any Scottish fishing boat wherever it may be; or b any… article 4(1) · Status not determined · Strict liability

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

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2005