The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011
Scottish Statutory Instrument 2011 No. 70 — creates 1 criminal offence.
- Made
- 9 February 2011
- In force from
- 1 April 2011
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Sea Fish (Conservation) Act 1967
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations make provision in accordance with section 4B of the Sea Fish (Conservation) Act 1967 (c.84) (“the 1967 Act”) for the manner in which a sea fishing licence under section 4 of that Act or a licence to receive trans-shipped fish under section 4A of that Act may be granted and in which a notice of variation, revocation or suspension of any such licence may be effected in accordance with section4(9) or 4A(10), respectively, of the 1967 Act. The Regulations extend to Scotland and the Scottish zone and apply to Scottish fishing boats wherever they may be (regulation1(3)). Regulation 3(1) provides for the granting of a licence by the Scottish Ministers to the master, owner or charterer of a Scottish fishing boat by communicating it, by a method specified, to that person or to a person nominated by the master, owner or charterer to receive it (“a nominee”). Regulation 3(2) provides for the effecting of a notice by communicating it to a nominee or to the master, owner or charterer of the Scottish fishing boat. Regulation 3(3) to (5) provides for the effecting of notices of variation, suspension or revocation of all sea fishing licences or all sea fishing licences of a particular type granted by the Scottish Ministers by publishing a notice in a newspaper or on the Scottish Government website (http://www.scotland.gov.uk/Topics/marine/Sea-Fisheries/17681/licencevariations). Regulation 4 specifies the time at which a licence or notice communicated in accordance with regulation 3 will be treated as having been delivered or given, according to the method of communication adopted. Regulation 5 specifies the time at which a licence or notice treated as delivered or given in accordance with regulation 4 will have effect, according to the method of communication adopted. Regulation 6 makes provision for the time at which a licence or a notice will take effect where— a more than one method of communicating it is employed; and b the licence or notice states that it will take effect later than provided for under regulation5. Regulation7 revokes the Sea Fishing (Licences and Notices) Regulations 1994 (S.I.1994/2813) insofar as they extend to Scotland, and regulation8 contains a transitional provision in consequence of that revocation. A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ.
Offences created by this instrument
- Transitional provision regulation 8 · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Fisheries Bill (Eighth sitting)
Commons · Public Bill Committees · 13 December 2018 · George Eustice
Government amendment 4 is simply a technical amendment to ensure that clause 17 accurately describes the contents of schedule 3, which makes consequential amendments to existing legislation. The relevant legislation is the Sea Fish Industry Act 1962, the Sea Fisheries Act 1968, the Fishery Limits Act 1976, designation orders made under that Act, and the Sea Fish (Conservation) Act 1967 and orders made under that Act. Amendment 4 agreed to. Clause 17, as amended, ordered to stand part of the Bill. Schedule 3 Access and licensing: consequential amendments Amendments made: 7, in schedule 3,…
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 2011