The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005

UK Statutory Instrument 2005 No. 1605 — creates 14 criminal offences.

14offences created

0recorded in force

0revoked

Made: 10 June 2005
In force from: 7 July 2005
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

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 for the administration and enforcement of Article 22 of Council Regulation (EC) No 2371/2002, “the CFP Regulation”, (O.J. No. L 358, 31.12.02, p.59) and Article 9 of Council Regulation (EEC) No 2847/93 (O.J. NO. L 261, 20.10.93, p.1.) which impose requirements relating to the first marketing and purchasing of fish (first sale fish. The Regulations come into force on 7th July 2005 except for regulations 4,5,8 and 9 which come into force on 1st September. The Regulations do not form part of the law of Scotland, Wales or Northern Ireland, for which separate administration and enforcement provisions are respectively being made. The Regulations make provision for the registration by the Secretary of State of sellers of first sale fish (regulation 3), designation of fish auction sites (regulation 6) and registration of buyers of first sale fish (regulation 7). Regulation 5 requires registered fish sellers to maintain records of their sales of first sale fish and regulation 9 requires buyers of first sale fish to maintain records of their purchases of first sale fish. And the Regulations provide offences for the purposes of the enforcement of these registrations and designations (regulations 3(9), 3(10), 5(7), 6(8), 6(9), 7(8), 7(9) and 9(6). The Regulations provide offences in relation to the sale and purchase of first sale fish. Regulation 4 provides an offence to sell first sale fish at a designated auction site unless registered as a fish seller. By regulation 8 it is an offence to buy first sale fish contrary to Article 22(2)(b) of the CFP Regulation (requirement that buyers of first sale fish are registered) as read with the final sub-paragraph of that article 22(2), which provides an exception for fish bought for private consumption. By regulation 10 it is an offence to sell first sale fish landed otherwise than by a licensed fishing vessel. And by regulation 11 it is an offence to buy first sale fish unless the fish has been landed by a licensed fishing vessel. Penalties for these offences are provided by regulation 12: on summary conviction, a fine not exceeding the statutory maximum and on conviction on indictment a fine. Where a person is convicted of an offence under regulations 3(9), 3(10), 5(7) 6(8), 6(9), 7(8), 7(9) or 9(6) a court may also revoke the registration or designation concerned and may order that the person convicted is disqualified from applying for registration or designation for a specified period. The Regulations confer powers of enforcement on British sea fishery officers for the purposes of enforcing these Regulations. These powers may be exercised in relation to premises in England, to any fishing boat within relevant British fishery limits and in relation to a relevant British fishing boat wherever it may be (regulations 13 to 15). Regulation 16 makes provision for protection of British sea fishery officers and regulation 17 provides offences and penalties for their obstruction. Regulation 18 makes provision in respect of offences by bodies corporate.

Offences created by this instrument

Sale of first sale fish landed from a licensed fishing vessel regulation 10 · Status not determined · Strict liability
Purchase of first sale fish landed from a licensed fishing vessel regulation 11(1) · Status not determined · Strict liability
Obstruction of officers regulation 17(1) · Status not determined · Requires proof of a state of mind
Registration of fish sellers regulation 3(10) · Status not determined · Strict liability
Registration of fish sellers regulation 3(9) · Status not determined · Requires proof of a state of mind
Sale of fish by unregistered seller regulation 4 · Status not determined · Strict liability
Maintenance of records by registered fish seller regulation 5(7) · Status not determined · Strict liability
Designation of fish auction sites regulation 6(8) · Status not determined · Requires proof of a state of mind
Designation of fish auction sites regulation 6(9) · Status not determined · Strict liability
Registration of fish buyers regulation 7(9) · Status not determined · Strict liability
Purchase of fish by an unregistered buyer regulation 8(1) · Status not determined · Strict liability
Purchase of fish by an unregistered buyer regulation 8(2) · Status not determined · Strict liability
Purchase of fish by an unregistered buyer regulation 8(3) · Status not determined · Strict liability
Maintenance of records by registered fish buyer regulation 9(6) · 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.

Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 Lords · Lords Chamber · 20 July 2005 · Baroness Byford
My Lords, the Merits of Statutory Instruments Committee has stated that: "These Regulations are drawn to the special attention of the House on the grounds that they give rise to issues of public policy likely to be of interest to the House, and that they may inappropriately implement European legislation". I am particularly grateful to the Minister and to the noble Baroness, Lady Miller of Chilthorne Domer, who so kindly waited to be able to take this piece of business through tonight. In all fairness, this business should have come before the private Bills that have just had their Second…
Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 Lords · Lords Chamber · 20 July 2005 · Baroness Byford
rose to move to resolve, That this House regrets that Her Majesty's Government have not considered that the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 inappropriately implement European legislation (SI 2005/1605) [5th Report from Merits Committee.].]
Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 Lords · Lords Chamber · 20 July 2005
UK Fisheries Commons · Westminster Hall · 12 February 2020 · Mrs Sheryll Murray (South East Cornwall) (Con)
I beg to move, That this House has considered the future of UK fisheries. Since the Fisheries Bill is currently proceeding in the other place, I felt that it was timely to call for this debate to discuss the massive opportunities that a future fisheries regime can provide the UK as an independent coastal state. The Fisheries Bill means that, for the first time in almost 40 years, the Minister will have autonomy under international law to set the rules that apply to fish stocks and access for fishing vessels operating in the UK 200 mile to median line exclusive economic zone. That should be…

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