The Sea Fishing (Miscellaneous Amendments) Regulations 2018

UK Statutory Instrument 2018 No. 643 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 22 May 2018
In force from: 18 June 2018
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: (EC) No. 1224/2009, Fisheries Act 1981, Schedule 2 to, the 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 amend the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009 (S.I. 2009/3391) (“the 2009 Order”) and the Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014 (S.I. 2014/3345) (“the 2014 Regulations”). They implement provisions of Article 38 of Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ No. L 286, 29.10.2008, p. 1) and of Article 92(6) of Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L 343, 22.12.2009, p. 1). Regulation 3 substitutes new extent and application provisions for article 2 of the 2009 Order. Regulation 4 amends article 3 of the 2009 Order in relation to various definitions. Regulation 5 amends article 9 of the 2009 Order to clarify the provisions of Article 9(4) and to extend the offence provisions relating to non-cooperating third countries listed under Article 33 of Council Regulation (EC) No. 1005/2008, implementing Article 38 of that Regulation. Regulation 6 revokes article 11 of the 2009 Order regarding recovery of fines. Regulation 7 amends article 21 of the 2009 Order to update references to an EU instrument and to add transhipment declarations and takeover declarations to the list of documents admissible in evidence in any proceedings in respect of an offence under the 2009 Order. Regulations 8 to 11 amend provisions in regulations 1, 8 and 10 of the 2014 Regulations relating to the start date of a suspension period or the disqualification of a master under those Regulations. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

It is an offence for a person to engage in fishing for a stock in any area where, under the conservation and… regulation 5(2) · Status not determined · Strict liability
In relation to a non-cooperating third country listed on a list established under Article 33 of the Council… regulation 5(3) · 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.

Procedural history

Instrument created 22 May 2018
Instrument made (signed into law) 22 May 2018
Laid before the House of Commons 25 May 2018 · Commons
Laid before the House of Lords 25 May 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 5 June 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 5 June 2018 · Lords
Instrument comes into force as law 18 June 2018
Considered by the Joint Committee on Statutory Instruments (JCSI) 20 June 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 20 June 2018 · Commons, Lords
Objection period ends 13 July 2018
Instrument remains law 13 July 2018
Procedure concluded in the House of Commons and the House of Lords 13 July 2018 · Commons, Lords

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

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