The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005

PART 6N.I.MISCELLANEOUS AND SUPPLEMENTAL

Provisions as to offences and proceedingsN.I.

20.—(1) Where any offence under this Order, or under any equivalent provision, committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where any offence under this Order, or under any equivalent provision, committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner, as well as the partnership, shall be guilty of the offence and liable to be proceeded against and punished accordingly.

(3) Where any offence under this Order, or under any equivalent provision, committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association, that officer, as well as the association, shall be guilty of the offence and liable to be proceeded against and punished accordingly.

Commencement Information

I1Art. 20 in operation at 14.11.2005, see art. 1(1)

Admissibility in evidence of logbooks and other documentsN.I.

21.  Any—

(a)logbook kept under Articles 6, 17(2) or 28c;

(b)declaration submitted under Articles 8(1), 11, 12, 17(2) or 28f;

(c)effort report completed under Articles 19b and 19c; or

(d)document drawn up under Articles 9 or 13,

of Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre shall, in any proceedings for an offence under this Order or under any equivalent provision, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein or appearing therefrom.

Commencement Information

I2Art. 21 in operation at 14.11.2005, see art. 1(1)