The Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) Scheme 2012

PART 2 U.K. PAYMENTS FOR SATELLITE-TRACKING DEVICES

Interpretation of Part 2 U.K.

3.  In this Part—

“application” means an application under this Part, and “applicant” is to be construed accordingly;

“authorised provider” means the supplier and installer of satellite-tracking devices specified in a notice under paragraph 5(2)(f);

“satellite-tracking device” has the same meaning as in Article 2(9) of the Implementing Regulation.

Eligibility to make an application U.K.

4.  A person is eligible to make an application if that person—

(a) is—

(i) the owner, charterer or master of an English fishing boat which is required by Article 9(2) of the Control Regulation or pursuant to Article 9(9) of that Regulation to have installed on board a satellite-tracking device, or

(ii) the representative of the owner, charterer or master of such a boat; and

(b) satisfies any other criteria specified in a notice under paragraph 5(2) (which may include criteria as to the length of the boat in respect of which the application is made).

Applications U.K.

5.—(1) The Secretary of State may invite applications in accordance with the following provisions of this paragraph.

(2) The Secretary of State must publish a notice specifying—

(a) who is eligible to apply;

(b) the form and manner of applications;

(c) any information or documents which applicants must provide;

(d) the closing date for applications;

(e) the address to which applications must be made;

(f) the provider authorised by the Secretary of State for the purposes of this Part to supply and install satellite-tracking devices; and

(g) any other information the Secretary of State considers relevant to an application.

(3) The Secretary of State may extend the closing date in respect of a particular application where the Secretary of State considers that there is a particular reason to do so.

Determination of applications U.K.

6.—(1) The Secretary of State may require an applicant to provide further information relevant to the application.

(2) The Secretary of State must determine an application as soon as reasonably practicable following its receipt (or, where further information is required under sub-paragraph (1), following the provision of that further information).

(3) The Secretary of State must reject an application in respect of a boat—

(a) if satisfied that its port of administration has been changed for the primary purpose of eligibility to make an application; or

(b) if a payment has already been made under this Part in respect of the installation of a satellite-tracking device on the boat.

(4) When rejecting an application, the Secretary of State must notify the applicant of the decision in writing with reasons.

(5) When approving an application, the Secretary of State—

(a) may attach conditions to the approval; and

(b) must notify the applicant in writing of—

(i) the decision to approve the application; and

(ii) any conditions attached to the approval under paragraph (a).

(6) The Secretary of State may revise any conditions previously notified, and in such a case must notify the applicant in writing of the revised conditions.

Payments for satellite-tracking devices U.K.

7.—(1) Subject to paragraph 8, where the Secretary of State approves an application, the Secretary of State must pay to the authorised provider or the applicant a sum equal to the cost, agreed between the Secretary of State and the provider, of—

(a) the purchase of a satellite-tracking device from the authorised provider;

(b) the purchase of a three-year warranty for that device from the authorised provider; and

(c) the installation of that device by the authorised provider.

(2) The cost specified in sub-paragraph (1)(c) does not include any cost wholly or partly incurred in respect of the concealment of the satellite-tracking device, its associated cables and wires, or any other associated materials or equipment, for cosmetic purposes.

(3) But no payment in respect of an application is to be made unless the Secretary of State is satisfied that—

(a) a satellite-tracking device has been supplied and installed by the authorised provider on the boat in respect of which the application was made in accordance with procedures agreed by the Secretary of State with that provider;

(b) the device functions correctly so as to enable compliance with the requirements of the Control Regulation and the Implementing Regulation relating to the vessel monitoring system; and

(c) any conditions attached to the approval of the application under paragraph 6(5)(a) or (6) which were required to be satisfied before payment could be made have been satisfied.

Reduction, withholding or recovery of payments U.K.

8.—(1) This paragraph applies where, having approved an application, the Secretary of State considers that—

(a) any condition attached to that approval under paragraph 6(5)(a) or (6) has been breached or has not been complied with;

(b) the applicant was not eligible to make the application; or

(c) the applicant provided materially false or misleading information in relation to the application.

(2) The Secretary of State, if proposing to take action under sub-paragraph (3), must first—

(a) give the applicant a written explanation of the reasons for the proposed action;

(b) invite the applicant to make written representations before such specified date as the Secretary of State considers reasonable; and

(c) consider any such representations made before that date.

(3) The Secretary of State, following consideration of any representations made under sub-paragraph (2), may—

(a) overturn the approval of the application;

(b) withhold the whole or part of any payment to be made under paragraph 7(1); and

(c) where a payment has been made under paragraph 7(1), recover on demand from the applicant an amount equal to the whole or part of that payment (irrespective of whether the payment was made to the applicant or to the authorised provider).

(4) When recovering an amount under sub-paragraph (3)(c), the Secretary of State may also recover interest on that amount at a rate of 1% above the LIBOR calculated on a daily basis for the period beginning with the day after the amount was paid and ending on the day the amount is recovered.

(5) In any proceedings for recovery under this Part, a certificate issued by the Secretary of State stating the LIBOR applicable for a day, the amount of interest recoverable or the period for which interest is calculated is sufficient evidence of those matters, unless the contrary is shown.