The Sea Fish (Marketing Standards) (England and Wales and Northern Ireland) Regulations 2018

UK Statutory Instrument 2018 No. 437 — creates 5 criminal offences.

5offences created

0recorded in force

0revoked

Made: 26 March 2018
In force from: 30 April 2018
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 enable the enforcement, in England, Wales and Northern Ireland, of EU common marketing standards for fishery products contained in— Council Regulation (EC) No. 2406/96 laying down common marketing standards for certain fishery products (OJ No. L334, 23.12.1996, p. 1); and Regulation (EU) No. 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (OJ No. L 354, 28.12.2013, p. 1). These Regulations make provision for enforcement authorities in England, Wales and Northern Ireland to appoint authorised officers for the purposes of ensuring that EU common marketing standards for fisheries products are complied with (regulation 4). Authorised officers are provided with powers of entry, inspection and seizure for the purposes of investigation and inspection of relevant premises and products to identify breaches of the relevant EU requirements (regulations 5 and 7). Authorised officers are also given the power to serve compliance notices for breaches of the relevant EU requirements (regulation 8). Contravening the EU common marketing standards is an offence (regulation 12(1)). The failure to comply with a compliance notice, within the specified time, is also an offence (regulation 12(2)). The Regulations make provision for appeals against compliance notices and any refusal to serve a completion notice (regulations 10 and 11). A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

A person commits an offence if that person contravenes, or causes or permits a person to contravene, a relevant… regulation 12(1) · Status not determined · Strict liability
A person commits an offence if that person fails to comply with a compliance notice served under regulation 8 regulation 12(2) · Status not determined · Strict liability
A person commits an offence if that person— a intentionally obstructs an authorised officer exercising a power under… regulation 13 · Status not determined · Requires proof of a state of mind
Compliance notices regulation 8(2) · Status not determined · Strict liability
Compliance notices regulation 8(2)(g) · 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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 26 March 2018
Instrument made (signed into law) 26 March 2018
Laid before the House of Commons 28 March 2018 · Commons
Laid before the House of Lords 28 March 2018 · Lords
Instrument comes into force as law 30 April 2018
Considered by the Joint Committee on Statutory Instruments (JCSI) 2 May 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 2 May 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 2 May 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that there is doubt as to whether they are intra vires 2 May 2018 · Commons, Lords
Objection period ends 23 May 2018
Instrument remains law 23 May 2018
Procedure concluded in the House of Commons and the House of Lords 23 May 2018 · Commons, Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 24 June 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 24 June 2018 · Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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