UK Offence Report

Amendment of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000

article 2(4) of The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

4 In the Schedule (Community control measures, contravention of which constitutes an offence)–

a in item 2(l), for the entry in column 3, in relation to Article 19a.2, substitute– Prohibition from carrying out of fishing activities in the areas specified in Article 19a of the Council Regulation in relation to Community fishing boats which have not been authorised by Member States in accordance with Article

10 of Council Regulation (EC) No. 1954/2003 on the management of the fishing effort relating to certain Community fishing areas and resources or Article

2 of Council Regulation (EC) No. 779/97 introducing arrangements for the management of fishing effort in the Baltic Sea. ;

b in item 2(m), for the opening paragraph of the entry in column 3, relating to Article 19b and 19c, down to the end of the term “Regulation 1449/98” substitute– Requirement in relation to Community fishing boats equal to or greater than

10 metres in overall length authorised to carry out fishing activities directed at demersal species to complete an effort report containing the information prescribed in Article 19b of the Council Regulation as read with Regulation 1449/98– ;

c in item (2)(n), for the entry in column 3, in relation to Article 19e.1 and 19e.2, substitute– Requirement in relation to Community fishing boats equal to or greater than

10 metres in overall length to record in logbooks the information (as regards time spent at sea) prescribed in Article 19e.1 of the Council Regulation or, in the case of boats conducting trans-zonal fisheries as defined in Article 19b.2 of the Council Regulation, prescribed in Article 19e.2 of that Regulation. ;

d in item (2)(o), for the entry in column 3, in relation to Article 19e.3, substitute– Requirement on Community fishing boats equal to or greater than

10 metres in overall length authorised to carry out fishing activities directed at demersal species to record in logbooks an effort report containing the information prescribed in Article 19b of the Council Regulation. ; and

e in item (2)(r), for the entry in column 3, in relation to Article 20a, substitute– Requirements relating to carriage, use and stowage of gear in Community fishing boats exceeding

10 metres in overall length carrying out fishing activities in areas specified in Article 19a.1 of the Council Regulation. .

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 2(4)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2005, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
8 November 2005
In force from
1 December 2005
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order amends the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) (“the principal Order”). The principal Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No. 1382/87 (O.J. No. L 132, 21.5.87, p.11) establishing detailed rules for the inspection of fishing vessels, as amended, and those contained in Council Regulation (EC) No. 2847/93 establishing a control system applicable to the common fisheries policy (O.J. No. L 261, 20.10.93, p.1) (“the Council Regulation”). The Order comes into force on November 2005. Article 2 of the Order updates the definition of the Council Regulation and the corresponding paragraphs of the Schedule to the principal Order so that the application of certain measures to vessels equal to or greater than 10 metres are implemented. Article 2(3) amends the powers available to British sea-fishery officers so that the power to search the premises for documents and the power to require any person on the premises to do anything which appears to the British sea-fishery officer necessary for facilitating the search is not restricted to the purpose of ascertaining whether any person on the premises has committed an offence but can exercised for the purpose of ascertaining whether a relevant offence has been committed. Article 3 of the Order amends the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005 to omit article 25(a)(iii) which inserted a definition of “the Council Regulation” into the principal Order and to omit article 25(b) which amended the Schedule to the principal Order. These provisions are now otiose due to the new definition of “the Council Regulation” inserted into the principal Order and the amendments made to the Schedule to the principal Order by article 2 of this Order. A Regulatory Impact Assessment in relation to the Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.88.

Basis
the provision says the conduct “is an offence”; the provision says the conduct “constitutes an offence”
Confidence
0.88 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source