The Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Amendment Order 2008 (revoked)

Scottish Statutory Instrument 2008 No. 156 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 16 April 2008
In force from: 9 May 2008
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: (EC) No. 1542/2007, European Communities Act 1972, Fisheries Act 1981, S.S.I. 2008/102, Schedule 2 to, 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 (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 2008 (“the principal Order”) which implemented Commission Regulation (EC) No. 1542/2007 (O.J. No. L 337, 21.12.2007, p.56 (“the Commission Regulation”)). Article 7 of the principal Order made it an offence for the master, owner and charterer (if any) of the boat from which fish is landed to breach provisions of the Commission Regulation listed in the Schedule to the principal Order. Of the Articles of the Commission Regulation listed in that Schedule, Article 6.2 places obligations on the buyer of the fish; Articles 8, 9.3 and 9.4 and Article 12 (in relation to Articles 9.3 and 11.2) place obligations on the operator of the weighing facilities; Article 12 (in relation to Article 7.3(b)) places obligations on the receiver of the fish; and Article 13 places obligations on the processor, receiver and buyer of the fish. This Order amends the principal Order to provide that it is an offence for such persons to contravene or fail to comply with the obligations placed on them (article 2(a)). The Order also amends the Schedule to the Order to make it an offence for the operator of privately operated weighing facilities to fail to comply with the requirements of Article 9.4 of the Commission Regulation which requires the fitting of a counter to record the cumulative total of weight and the recording of information in the weighing logbook required by Article 9.3 of the Regulation (article 2(b)).

Offences created by this instrument

Where there is in respect of any boat mentioned in paragraph (1) a contravention of, or failure to comply with– a… article 7(2) · Status not determined · Strict liability
a specified Community provisions 1(a) to (f) and (j), the master, owner and charterer (if any) shall each be guilty of… article 7(2)(a) · Status not determined · Strict liability
b specified Community provision 1(g), the buyer of the fish shall be guilty of an offence article 7(2)(b) · Status not determined · Strict liability
c specified Community provisions 1(h), (i), (k) (in relation to Articles 9.3 and 11.2) and (ia), the operator of the… article 7(2)(c) · Status not determined · Strict liability
d specified Community provision 1(k) (in relation to Article 7.3(b)), the receiver of the fish shall be guilty of an… article 7(2)(d) · Status not determined · Strict liability
e specified Community provision 1(l), the processor, receiver and buyer of the fish shall each be guilty of an offence article 7(2)(e) · 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 2008