UK Offence Report

Contravention of The Scallop Fishing (Wales) (No.2) Order 2010

the instrument as a whole of The Scallop Fishing (Wales) (No.2) Order 2010

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

Contravening this instrument is an offence under sections 1(7)-(8) and

11 of the Sea Fish (Conservation) Act 1967. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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 what the provision prohibits, or failing to do what it requires under the Scallop Fishing (Wales) (No.2) Order 2010.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 1(7)-(8) and 11 of the Sea Fish (Conservation) Act 1967.

the penalty is in the parent Act, not in this instrument.

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 February 2010
In force from
1 March 2010
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, which applies in relation to Wales, regulates scallop fishing in “Welsh waters” and comes into force on 1 March 2010. For the purposes of the Order “Welsh waters” are defined as being those sea areas falling within “Wales” as defined by section 158 of the Government of Wales Act 2006. Article 3 restricts the engine output capacity of British fishing boats which may use scallop dredges. Article 4 provides for a closed season in respect of scallop fishing, being a period commencing on 1 June 2010, and on 1 May in each subsequent year, and ending on the 31 October. Article 5 prohibits the use of scallop dredges at any time within one nautical mile of the baselines from which the breadth of the territorial sea is measured. Article 6 provides limits as to the number of scallop dredges that may be used at any one time in the areas between 1 and 3 nautical miles, 3 to 6 nautical miles and 6 to 12 nautical miles off the Welsh coast. Article 7 requires that, when not lawfully in use, all scallop dredges must be securely stored onboard the fishing boat. Article 8 provides restrictions as to the size of the tow bars which may be used by British fishing boats in the areas between 1 and 3 nautical miles, 3 to 6 nautical miles and 6 to 12 nautical miles off the Welsh coast. Article 9 provides for the maximum external diameter of tow bar which may be used. Article 10 fixes the specification of scallop dredges which may be towed. Article 11 fixes the minimum size of scallop which may be carried by a British fishing boat and the method to be used for measuring scallops. Article 12 prohibits fishing for scallops by dredging within designated areas set out in the Schedule. Article 13 provides for British sea fishery officers to have certain powers to board, search and detain British fishing boats and to inspect, copy and detain documents. Article 14 revokes the Prohibition of Fishing for Scallops (Wales) Order 2009 and the Scallop Fishing (Wales) Order 2010. The provisions contained in articles 2, 3, 6, 8, 9, 10 and 11 of this Order were notified in draft to the European Commission in accordance with the requirements of Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No L 217, 5.8.98, p.18). A regulatory impact assessment has been undertaken in respect of this Order and is available for inspection at the offices of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

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 0.80.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.80 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