UK Offence Report

The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Amendment Order 2009

Scottish Statutory Instrument 2009 No. 413 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
24 November 2009
In force from
1 January 2010
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 amends the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 (“the principal Order”). The principal Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No.1185/2003 on the removal of fins of sharks on board vessels (O.J. No.L167, 4.7.03, p.1) (“the Regulation”). The Order amends article 2 (interpretation) of the principal Order by adding definitions of “Community fishing boat” and “relevant British fishing boat”. It also amends the definition of “relevant fishing boat”, which varies the application of the offence provisions under article3 of the principal Order (article2(2)). The Order amends article3 (offences) of the principal Order by— a removing the defence of acting in compliance with a special fishing permit, issued in accordance with Article4 of the Regulation (article2(3)(a)); b amending the offence provisions so that they apply to redefined categories of fishing boats. It modifies article3(1) of the principal Order by excluding from its application, any non-Scottish fishing boat within the Scottish zone which holds, and operates in compliance with, a special fishing permit issued in accordance with Article4 of the Regulation. It substitutes article3(3) of the principal Order to make it an offence for any non-Scottish fishing boat, which is within the Scottish zone and holds a special fishing permit, to contravene the specified provisions of the Regulation that relate to special fishing permits (article2(2)(c) and (3)(a)); and c substituting article3(4) of the principal Order to restrict the offence of providing false information, in purported compliance with Article5 of the Regulation, to information which is provided in Scotland or in the Scottish zone and to remove reference to information provided in relation to a Scottish fishing boat (article2(3)(b)). The Order amends Schedule 1 to the principal Order by— a removing from Part1, the offences relating to breaches of conditions associated with special fishing permits (article2(4)(a)); and b inserting a Part3 to make it an offence for any non-Scottish fishing boat, which is within the Scottish zone and holds a special fishing permit, to contravene any of the specified provisions of the Regulation that relate to special fishing permits (article2(2)(c) and (4)(b)). No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.

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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