The Sea Fishing (Enforcement of ... Measures) (Penalty Notices) Order (Northern Ireland) 2008

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“British sea fishery officer” means any person who by virtue of section 7 of the Sea Fisheries Act 1968(2) is a British sea fishery officer;

“the Department” means the Department of Agriculture and Rural Development;

“English fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(3) and whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;

“Northern Ireland fishing boat” means—

(a)

a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging; or

(b)

a fishing boat, other than—

(i)

a Scottish fishing boat,

(ii)

a Welsh fishing boat, or

(iii)

an English fishing boat,

which is owned wholly by persons qualified to own British ships for the purposes of Part II of that Act;

“Northern Ireland zone” has the same meaning as in section 98(1) of the Northern Ireland Act 1998(4)

“penalty” means the amount specified in a penalty notice;

“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with this Order, to discharge any liability to be convicted of the penalty offence to which the notice relates;

“penalty offence” means an offence (other than one involving assault, obstruction, or failure to comply with a requirement imposed by a person) under—

(c)

section 30(1)(a) of the Fisheries Act 1981 (offences relating to [F1 retained EU restrictions and retained EU obligations] relating to sea fishing);

(d)

an order made under section 30(2) of that Act (provisions for the enforcement of any [F2 retained EU restriction or retained EU] obligation relating to sea fishing);

(e)

the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005(5);

(f)

the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2005(6);

(g)

the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2006(7); or

(h)

the Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005(8);

“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

“Welsh fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.

Textual Amendments

F1 Words in art. 2(2) substituted (31.12.2020) by The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/209), regs. 1(1), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 2(2) substituted (31.12.2020) by The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/209), regs. 1(1), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 2 in operation at 5.1.2009, see art. 1

(1)

1954 c.33(N.I.)

(2)

1968 c.77.

(3)

1995 c.21.

(4)

1998 c.47.

(5)

S.R.2005/419.

(6)

S.I.2005/1605.

(7)

S.I.2006/1495.

(8)

S.S.I.2005/286, as amended by S.S.I.2005/438.