The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 (revoked)
UK Statutory Instrument 2009 No. 1850 — creates 5 criminal offences.
- Made
- 8 July 2009
- In force from
- 12 August 2009
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Commission Regulation (EC) No 1542/2007, Council Regulation (EEC) No 2847/93, 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 makes provision for the enforcement of restrictions and obligations relating to the landing and weighing of herring, mackerel and horse mackerel contained in Commission Regulation (EC) No 1542/2007 (OJ No L 337, 21.12.2007, p. 56) (“the Commission Regulation”). Article 4 designates the ports for the landing of herring, mackerel and horse mackerel. Article 5 designates the competent authority for purposes of the Commission Regulation. Article 6 provides that the Secretary of State may approve a weighing system for weighing herring, mackerel or horse mackerel, and article 7 provides that it is an offence for a person to fail to comply with provisions of the Commission Regulation relating to the weighing of fresh fish. Article 8 provides that it is an offence to contravene, or fail to comply with, the provisions of the Commission Regulation specified in the Schedule. These offences relate to the landing of herring, mackerel and horse mackerel in designated ports, the keeping and production of documents relating to the catch, the procedures for weighing of fresh and frozen fish, and the labelling of frozen fish. Article 9 sets out the penalties for an offence contained in this Order, and article 10 contains provisions relating to the recovery of fines. Articles 11 to 14 set out the powers of British sea-fishery officers in relation to the enforcement of this Order. Article 19 contains a revocation. An impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Sea Fisheries Conservation Division, Nobel House, 17 Smith Square, London SW1P 3JR.
Offences created by this instrument
- Obstruction of officers article 16(1) · Status not determined · Requires proof of a state of mind
- Approval of weighing systems article 6(4) · Status not determined · Strict liability
- Weighing of fresh herring, mackerel and horse mackerel article 7(1) · Status not determined · Strict liability
- The person in charge of a fishing boat is guilty of an offence if, in relation to that boat, the person contravenes,… article 8(1) · Status not determined · Strict liability
- A person is guilty of an offence if that person fails to comply with a provision of the Commission Regulation… article 8(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 2009