The Third Country Fishing (Enforcement) Order 1995
UK Statutory Instrument 1995 No. 907 — creates 2 criminal offences.
- Made
- 21 March 1995
- In force from
- 18 April 1995
- 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, which replaces and revokes the Third Country Fishing (Enforcement) Order 1994, makes breaches of specified articles of the Community Regulations (set out in column 1 of the Schedule to the Order) offences for the purposes of United Kingdom law where they occur within British fishery limits. The Community Regulations authorise fishing in certain specified areas within member States' fishery limits for specified descriptions of fish by vessels of third countries, namely, Norway up to 31st March 1995 and the Faroe Islands throughout 1995. The offences arise out of breaches of the provisions of the Community Regulations concerning methods of fishing, the holding of licences and observance of the conditions thereof, the keeping of log books, the making of radio reports and similar matters; all are triable summarily or on indictment. On summary conviction, the master of an offending vessel will be liable to a fine not exceeding the amount specified in relation to the offence in column 4 of the Schedule to the Order and to forfeiture of fish and fishing gear and, on conviction on indictment, to a fine (article 2). The level of the maximum fine is currently £50,000 in respect of offences relating to the keeping of logbooks and the observance of licence condit!ions. The statutory maximum penalty specified in the Schedule is currently £5,000. The Order confers powers of enforcement on British sea-fishery officers (articles 5 and 6). Provision is made for the punishment of anyone found guilty of obstructing or assaulting an officer (article 7).
Offences created by this instrument
- Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or… article 2 · Revoked · Strict liability
- Obstruction of officers article 7 · Revoked · Requires proof of a state of mind
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 1995