UK Offence Report

The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2010

Scottish Statutory Instrument 2010 No. 238 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
8 June 2010
In force from
1 July 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 enforces the EU control measures set out in Articles27, 29 and 30 of Council Regulation (EC) No.1224/2009 (“the Control Regulation”) for the purpose of enforcing the EU restrictions and obligations contained in AnnexIIA to Council Regulation (EU) No.23/2010. These restrictions and obligations relate to sea fishing by EU fishing boats within the cod recovery zone (as defined in the Order). The Order forms part of the law of Scotland only. It applies to Scottish fishing boats wherever they may be and to EU fishing boats within the Scottish zone. It provides that references to “geographical area(s)” in Articles27, 29 and 30 of the Control Regulation are to be construed as references to the cod recovery zone for the purposes of this Order (article3). The Order makes it an offence to contravene Article27(1) or 30(1)(a) or (2)(a) of the Control Regulation in relation to the number of days which a Scottish fishing boat or an EU fishing boat can spend, and the regulated gear (as defined in the Order) which it can use, within the cod recovery zone (articles4 and 5). The Order specifies the penalties for a relevant offence (as defined in the Order) (article6) and makes provision for the recovery of fines imposed in respect of a relevant offence or an offence under article12 of the Order (article7). For the purpose of enforcing articles4 and 5 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 (articles8 to 10). The Order provides for the protection of British sea-fishery officers in the exercise of their powers under the Order (article11). It creates offences of, and specifies the penalties for, obstructing such officers (article12). The Order makes provision in relation to offences committed by a body corporate, a Scottish partnership or other unincorporated association (article13) and in relation to the admissibility in evidence of logbooks and other documents (article14). A Regulatory Impact Assessment in relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, 1B South, Victoria Quay, Edinburgh, EH66QQ.

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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