UK Offence Report

The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010

Scottish Statutory Instrument 2010 No. 100 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
11 March 2010
In force from
17 April 2010
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
European Communities Act 1972, Fisheries Act 1981, Schedule2 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 provides for the enforcement of Annex III to Council Regulation (EC) No. 43/2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (“the Council Regulation”). The restrictions and obligations contained in AnnexIII to the Council Regulation are extended and amended by Council Regulation (EC) No.1288/2009 establishing transitional technical measures from 1January 2010 to 30June 2011. The Order applies to Scottish fishing boats, wherever they may be, and to other fishing boats within the Scottish zone. It makes it an offence to contravene, or fail to comply with, the provisions of Annex III to the Council Regulation referred to in column1 (and briefly described in column2) of Schedule1 (EU technical conservation measures) to the Order (article3). The Order provides penalties for a relevant offence (as defined in the Order) (article 4) and for the recovery of fines imposed in respect of a relevant offence or an offence under article 10 of the Order (article 5). For the purpose of enforcing article 3 of the Order, or any equivalent provision, the Order confers on British sea-fishery officers powers to: go on board fishing boats; search for and examine fishery products and equipment; require the production of documents; search for and seize documents; take a boat to the nearest convenient port; enter and inspect premises; stop and search vehicles transporting fish, and seize fish and fishing gear (articles 6 to 8). The Order provides for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 9). It creates offences of, and provides penalties for, obstructing such officers (article 10). The Order makes provision in relation to offences committed by a body corporate, a partnership or an unincorporated association (article11) and in relation to the admissibility in evidence of logbooks and other documents (article 12). The Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 (S.S.I. 2009/317) and the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Amendment Order 2009 (S.S.I. 2009/338) (article13). A Regulatory Impact Assessment in the relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, Robb’s Loan, Edinburgh, EH14 1TY.

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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