The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 (revoked)

UK Statutory Instrument 2005 No. 17 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 10 January 2005
In force from: 2 February 2005
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 makes provision for the enforcement of Community restrictions and other obligations relating to sea fishing by vessels in certain areas as set out in Council Regulation (EC) No. 812/2004 (OJ No. L150, 30.04.04, p. 12, as amended by Corrigendum OJ No L185 24.05.04, p. 4). The Council regulation requires Member States to monitor the bycatch of cetaceans by the implementation of an observer scheme. It also requires certain vessels to deploy acoustic devices in relation to specified gear whilst fishing. This Order comes into force on 2nd February 2005. It does not form part of the law of Scotland or Northern Ireland and does not apply in Wales. Article 4 of the Order creates offences in respect of breaches of the specified provisions of the Council Regulation. Penalties are specified for such offences (article 5). Provision is made for the recovery of fines (article 6). The Order confers powers of enforcement on British sea-fishery officers in relation to certain fishing boats, as well as on land in England, and in relation to the seizure of fish, acoustic devices and fishing gear (articles 7, 8, 9, and 10). Provision is made for the punishment of anyone found guilty of assaulting or obstructing an officer (article 11). The Order provides for the exercise of the powers contained in it by officers authorised by the Minister and officers of local fisheries committees (article 12). Proceedings under the Order may be brought by a local fisheries committee in respect of offences committed within any part of its district (article 13). Article 14 makes provision in relation to offences committed by bodies corporate, partnerships and officers of unincorporated associations. Article 15 allows for the admissibility in evidence of records compiled for the purposes of Council Regulation (EC) No 2847/93.

Offences created by this instrument

Obstruction of officers article 11(1) · Status not determined · Requires proof of a state of mind
Where there is in relation to— a any relevant British fishing boat wherever it may be, or b any other fishing boat… article 4(1) · Status not determined · Strict liability
Where there is a contravention of, or failure to comply with article 3 of this Order, the master, the owner and the… article 4(2) · Status not determined · Strict liability

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 2005