- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 12/03/2015
Point in time view as at 01/04/2013.
Marine and Coastal Access Act 2009, Chapter 1 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Section 1 of the Sea Fish (Conservation) Act 1967 (c. 84) (size limits, etc for fish) is amended as follows.
(2)In subsection (1), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”.
(3)In subsection (2), for the words from “, being a fish” to “prescribed” substitute “ which does not meet such requirements as to size as may be prescribed ”.
(4)For subsection (3) substitute—
“(3)Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the appropriate national authority shall not be carried, whether within or outside relevant British fishery limits, on a relevant British vessel; and an order under this subsection may prohibit the carrying by a Scottish or Northern Ireland fishing boat or a foreign vessel in waters to which subsection (3A) applies of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description.
(3A)This subsection applies to the sea within British fishery limits, other than the Scottish zone and the Northern Ireland zone.
“Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).”
(5)For subsection (9) substitute—
“(9)In this section—
“the appropriate national authority” means—
in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;
in any other case, the Secretary of State;
“foreign vessel” means any vessel other than a relevant British vessel, a Scottish fishing boat or a Northern Ireland fishing boat;
“Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 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;
“relevant British vessel” means a vessel, other than a Scottish fishing boat or a Northern Ireland fishing boat, which—
is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or
is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.”
Commencement Information
I1S. 194 partly in force; s. 194 in force for specified purposes at Royal Assent see s. 324(1)(c)
I2S. 194 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 8
(1)Section 3 of the Sea Fish (Conservation) Act 1967 (c. 84) (regulation of nets and other fishing gear) is amended as follows.
(2)After subsection (2) insert—
“(2A)An order under this section may be made by the appropriate national authority so as to extend to nets or other fishing gear used by any person, otherwise than from a fishing boat, for fishing for or taking sea fish in the sea within the seaward limits of the territorial sea adjacent to England and Wales.
(2B)In subsection (2A) above “the appropriate national authority” means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers.”
(3)After subsection (5) insert—
“(5A)A person who contravenes an order made under this section by virtue of subsection (2A) above shall be guilty of an offence under this section.”
Commencement Information
I3S. 195 partly in force; s. 195 in force for specified purposes at Royal Assent see s. 324(1)(c)
I4S. 195 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 8
(1)In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) after subsection (4) (power to authorise charges for licences) insert—
“(4A)The provision that may be made in an order by virtue of subsection (4) above includes—
(a)provision for the amount of any charge to be specified in, or determined in accordance with provision made by, the order;
(b)different provision in relation to different classes of licence;
(c)provision for no charge to be payable in such circumstances as may be specified in the order.”
(2)In section 22 of that Act (interpretation) after subsection (3) insert—
“(3A)Any reference in this Act to a class is a reference to a class defined or described by reference to any circumstances whatsoever (whether or not relating to fishing or vessels).”
Commencement Information
I5S. 196 partly in force; s. 196 in force for specified purposes at Royal Assent see s. 324(1)(c)
I6S. 196 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 8
In section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) after subsection (6) (power to grant licences subject to conditions) insert—
“(6ZA)The conditions subject to which a licence may be granted under this section include conditions imposed for the purposes of—
(a)conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b)conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
Commencement Information
I7S. 197 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8
(1)Section 5 of the Sea Fish (Conservation) Act 1967 (c. 84) (power to restrict fishing for sea fish) is amended as follows.
(2)For subsection (1) substitute—
“(1)Subject to the provisions of this section, the appropriate national authority may make an order—
(a)prohibiting, in any area specified in the order and either for a period so specified or without limitation of time—
(i)all fishing for sea fish;
(ii)fishing for any description of sea fish specified in the order;
(iii)fishing for sea fish, or for any description of sea fish specified in the order, by any method so specified;
(b)restricting, in any area specified in the order and either for a period so specified or without limitation of time, the amount of sea fish, or sea fish of a description specified in the order, that may, in any period so specified, be taken by—
(i)any person;
(ii)any fishing boat.
A person who contravenes any prohibition or restriction imposed by an order under this section shall be guilty of an offence under this subsection.
(1A)Where any fishing boat is used in contravention of any prohibition or restriction imposed by an order under this section, the master, the owner and the charterer (if any) shall each be guilty of an offence under subsection (1) above.
(1B)An order under this section which prohibits in any area—
(a)fishing for sea fish, or for any description of sea fish specified in the order, or
(b)fishing for sea fish, or for any description of sea fish specified in the order, by any method so specified,
may provide that any fishing gear, or any fishing gear of a description specified in the order, of any fishing boat in that area must be stowed in accordance with provision made by the order.
(1C)An order under this section restricting the amount of sea fish of any description that may be caught in a period specified in the order may provide that, for the purposes of paragraph (b) of subsection (1) above, any sea fish of that description that, after being caught in that period, is returned to the sea as soon as that amount is exceeded is not to be treated as having been caught in contravention of the restriction imposed by the order.”
(3)For subsection (8) substitute—
“(8)The only provision that may be made by an order under this section in relation to an area outside British fishery limits, or an area within the Scottish zone or the Northern Ireland zone, is provision applying to—
(a)a British fishing boat, other than a Scottish fishing boat or a Northern Ireland fishing boat, that is registered in the United Kingdom; or
(b)in so far as the order relates to fishing for salmon or migratory trout, a fishing boat which is British-owned but not registered under the Merchant Shipping Act 1995.
(9)In this section—
“the appropriate national authority” means—
in relation to Wales (within the meaning of the Government of Wales Act 2006), the Welsh Ministers;
in any other case, the Secretary of State;
“Northern Ireland fishing boat” means a fishing boat which is registered in the United Kingdom under Part 2 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;
“Northern Ireland zone” has the meaning given by the Northern Ireland Act 1998 (see section 98 of that Act).”
Commencement Information
I8S. 198 partly in force; s. 198 in force for specified purposes at Royal Assent see s. 324(1)(c)
I9S. 198 in force at 12.1.2010 in so far as not already in force by S.I. 2009/3345, art. 2, Sch. para. 8
(1)The Sea Fish (Conservation) Act 1967 (c. 84) is amended as follows.
(2)In section 11 (penalties for offences), in subsection (1)(a)—
(a)for “section 4(3) or (6)” substitute “ section 1, 2, 3, 4(3), (6) or (9A) ”;
(b)for “5(1) or 6(5A)(a)” substitute “ 5(1) or (6) or 6(5) or (5A) ”.
(3)In section 15 (powers of British sea-fishery officers for enforcement of that Act)—
(a)in subsection (2C) (penalties for certain offences) omit paragraph (b) and the “or” preceding it;
(b)after that subsection insert—
“(2D)Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.
(2E)Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000.”
(4)In section 16 (enforcement of orders under sections 1 and 2 of that Act), for subsection (1A) (penalties for certain offences) substitute—
“(1A)Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.
(1B)Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20,000.”
Commencement Information
I10S. 199 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8
In the Sea Fish (Conservation) Act 1967 (c. 84), for section 12 (offences committed by bodies corporate) substitute—
(1)Where a relevant offence has been committed by a body corporate and it is proved that the offence—
(a)has been committed with the consent or connivance of a person falling within subsection (2), or
(b)is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
(2)The persons are—
(a)a director, manager, secretary or similar officer of the body corporate;
(b)any person who was purporting to act in such a capacity.
(3)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
(4)Where a relevant offence has been committed by a Scottish firm and it is proved that the offence—
(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
(b)is attributable to any neglect on the part of such a person,
that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
(5)In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.”
Commencement Information
I11S. 200 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8
Schedule 15 contains minor and consequential amendments relating to this Chapter.
Commencement Information
I12S. 201 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 8
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys