Sea Fish (Conservation) Act 1992

4 Supplementary regulations. U.K.

After section 4A of the M1 Sea Fish (Conservation) Act 1967 there shall be inserted—

“4B Regulations supplementary to sections 4 and 4A.

(1) The Ministers may by regulations make provision as to—

(a) the manner in which a licence under section 4 or 4A of this Act is to be granted, or a variation, revocation or suspension effected, and

(b) the time when a licence, or a variation, suspension or revocation, shall have effect.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may include provision—

(a) for documents to be delivered, or notices given, to the nominees of persons to whom licences are granted;

(b) for documents or notices to be treated as delivered or given if they are posted or otherwise communicated in accordance with the regulations;

(c) for notices to be given by publication in newspapers;

(d) as to the transitional effects of variations.

(3) Regulations under this section may make different provision for different cases.

(4) Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4C Provisions supplementary to sections 4 and 4A—evidence.

(1) Where automatic recording equipment—

(a) is used in accordance with a condition included in a licence by virtue of section 4(6) or 4A(6) of this Act, or

(b) is used to record information transmitted or derived from equipment used in accordance with such a condition,

any record produced by means of the automatic recording equipment, or partly by those and partly by other means, shall, in any proceedings for an offence under section 4 or 4A, except proceedings in Scotland, be evidence of the matters appearing from the record.

(2) In any proceedings in Scotland for an offence under section 4 or 4A, any document which constitutes or contains—

(a) an entry in any logbook kept, or purported to be kept, under an enforceable [F1 EU] obligation relating to fishing activities, by the master of a vessel,

(b) a declaration made, or purported to be made, under such an obligation—

(i) as to fish landed, by the master of a vessel or by an agent,

(ii) as to trans-shipment, by the master of a vessel,

(c) information provided, or purported to be provided, under—

(i) any condition imposed under section 4(6) or 4A(6), by the master, owner or charterer (if any) of a vessel and, in the case of any condition imposed under section 4(6), by any of those persons or by an agent,

(ii) a requirement under section 4(7) or 4A(7), by the master, owner or charterer (if any) of a vessel and, in the case of any condition imposed under section 4A(7), by any of those persons or by an agent,

(d) a record referred to in subsection (1) above or anything which purports to be such a record,

shall 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.

(3) In subsection (2) above, “document” includes, in addition to a document in writing—

(a) any map, plan, graph or drawing,

(b) any photograph,

(c) any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and

(d) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

(4) This section shall have effect in relation to offences committed after the end of the period of one month beginning with the day on which the Sea Fish (Conservation) Act 1992 was passed.”

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))

Marginal Citations

M1 1967 c. 84.