UK Offence Report

Registration of buyers of fisheries products

article 6(7) of The Sea Fishing (EU Control Measures) (Scotland) Order 2015

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

7 A registered buyer of fisheries products commits an offence if that buyer fails to comply with any—

a condition to which the registration of that buyer is subject; or

b undertaking provided in the application for registration.

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 This is the text as originally made; later amendments are not shown here.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
failing to do something the instrument requires
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 6(7)?

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. Not doing what the provision requires under the Sea Fishing (EU Control Measures) (Scotland) Order 2015, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

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

'to a fine' with no stated maximum.

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
2 September 2015
In force from
5 October 2015
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 provides for the implementation and enforcement of certain provisions of Council Regulation (EC) No. 1224/2009 (OJ L 343, 22.12.2009, p.1) (“the Control Regulation”) and Commission Implementing Regulation (EU) No. 404/2011 (OJ L 112, 30.4.2011, p.1) (“the Implementing Regulation”). Article 3 of the Order designates the Scottish Ministers as the competent authority for specified purposes of the Control Regulation and the Implementing Regulation. The Order makes provision for the registration of buyers of fisheries products (article 6) and makes provision for offences in relation to the purchase of fish by unregistered buyers (article 5). The Order requires registered buyers of fisheries products to keep records of the purchase of first sale fish and makes provision for offences in relation to record keeping (article 7). The Order also makes provision for offences relating to the purchase of first sale fish (article 4). The Order makes provision for the registration of sellers of fisheries products (article 8). A registered seller of fisheries products is required to maintain records and it is an offence to fail to keep records or to fail to produce them to a British sea-fishery officer at the request of that officer or to keep records which are knowingly or recklessly false or misleading (article 9). The Order makes provision for the registration of auctions (article 10). Articles 11 and 12 make provision for offences in relation to the marketing and purchase of fisheries products landed from unlicensed fishing boats. Articles 13, 14 and 15 confer powers on British sea-fishery officers for the purposes of enforcing the Order or any equivalent provision. Article 16 makes provision for the protection of British sea-fishery officers in the exercise of their powers under the Order. Article 17 makes it an offence to obstruct such officers. Provision is made in relation to offences and proceedings (articles 18 and 19). Article 20 of the Order makes provision in relation to the admissibility of evidence of the weight of fish in any proceedings. Article 21 makes provision in relation to the landing of herring, mackerel and horse mackerel. Provision is made in relation to penalties (articles 22 and 23). Amendments are made to specified instruments (articles 24 to 30 and the Schedule). Other instruments are revoked and savings provision is made (article 31). A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

Read the full note and every offence in this instrument

Other offences in the same 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 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 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