UK Offence Report

The Sea Fishing Operations (Monitoring Devices) (Wales) Order 2022

Welsh Statutory Instrument 2022 No. 70 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 January 2022
In force from
15 February 2022
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Sea Fisheries Act 1968

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 applies in relation to Welsh fishing boats (wherever they may be) and relevant fishing boats fishing in Wales or the Welsh zone. It regulates fishing at sea and comes into force on 15 February 2022. Article 2 of this Order defines terms used in this Order, including the definition of “Welsh fishing boat” and “relevant fishing boat” for the purpose of this Order. Article 3, paragraph (1) of this Order requires Welsh fishing boats, when fishing at sea, and relevant fishing boats, when fishing in Wales or the Welsh zone, to have a monitoring device on board, to notify the Welsh Ministers of certain matters and for certain information (the required information) to be transmitted to the Welsh Ministers at least once in every ten minute period. Paragraph (2) of article 3 provides the owner, master and charterer (if any) (the person in charge) is guilty of an offence if the fishing boat is used on contravention of paragraph (1). Article 4 prescribes the required information that must be transmitted to the Welsh Ministers. Article 5 provides for continuing obligations on the person in charge regarding the monitoring device. Article 6 sets out certain requirements which apply to the person in charge in the event of the monitoring device becoming incapable of transmitting the required information. By virtue of section 5(4) of the Sea Fisheries Act 1968 (c. 77), breach of this Order constitutes an offence punishable on summary conviction by an unlimited fine. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

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 has no record of this instrument, although it covers the period. Nothing is inferred from that.

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