UK Offence Report

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009 (revoked)

UK Statutory Instrument 2009 No. 1847 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 July 2009
In force from
10 August 2009
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
(EC) No 1566/2007, (EC) No 1966/2006, Commission Regulation (EC) No 1077/2008, European Communities Act 1972, Fisheries Act 1981, Schedule 2 to, the European Communities Act 1972

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 amends the Sea Fishing (Enforcement of Community Control Measures) Order 2000 (S.I. 2000/51) (“the 2000 Order”) in relation to England. It provides for the enforcement of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (OJ No L 409, 30.12.2006, p 1) and Commission Regulation (EC) No 1077/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 and repealing Regulation (EC) No 1566/2007 (OJ No L 295, 4.11.2008, p 3) in relation to the requirement to submit sales notes and take-over declarations electronically. Article 2(3) establishes a public register, to be maintained by the Secretary of State, of those required to submit sales notes electronically because they have an annual financial turnover in excess of €400,000. A failure by a seller or a buyer of fish to inform the Secretary of State by 1st October in any calendar year whether it has such a financial turnover is an offence which is punishable on summary conviction by a maximum fine of £50,000 or, on indictment, by a fine. Article 2(6) amends paragraphs 2(e) and (f) of the Schedule to the 2000 Order to make it an offence for a first seller, or a buyer, of fish with an annual financial turnover in excess of €400,000 not to submit sales notes electronically. It also makes it an offence for the holder of the fish when products are not offered for sale or are intended for sale at a later date not to submit take-over declarations electronically. The maximum fine on summary conviction for breach of either offence is £50,000 or, on indictment, a fine. An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and placed in the library of both Houses of Parliament. It is available on the Defra website at www.defra.gov.uk/corporate/consult/fisheries-control/index.htm.

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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