The Sea Fishing (Penalty Notices) (Wales) Order 2019

Title, commencement and application E+W

1.—(1) The title of this Order is the Sea Fishing (Penalty Notices) (Wales) Order 2019.

(2) This Order comes into force on 22 March 2019.

[F1 (3) This Order applies in relation to Wales and the Welsh zone.]

Textual Amendments

F1 Art. 1(3) substituted (21.3.2019) by The Sea Fishing (Penalty Notices) (Wales) (Amendment) Order 2019 (S.I. 2019/602), art. 2(2), reg. 1(4)

Commencement Information

I1 Art. 1 in force at 22.3.2019, see art. 1(2)

Interpretation E+W

2.  In this Order—

“officer” (“swyddog”) means a marine enforcement officer within the meaning of section 235(1)(b) of the Marine and Coastal Access Act 2009;

“penalty” (“cosb”) means the amount specified in a penalty notice;

“penalty notice” (“hysbysiad cosb”) 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” (“trosedd cosb”) means an offence (other than one involving assault, obstruction or failure to comply with a requirement imposed by a person) listed in the Schedule.

[F2 “Wales” (“Cymru”) has the same meaning as in section 158(1) of the Government of Wales Act 2006;

“the Welsh zone” (“parth Cymru”) has the same meaning as in section 158(1) of the Government of Wales Act 2006.]

Textual Amendments

F2 Words in art. 2 inserted (21.3.2019) by The Sea Fishing (Penalty Notices) (Wales) (Amendment) Order 2019 (S.I. 2019/602), art. 2(3), reg. 1(4)

Commencement Information

I2 Art. 2 in force at 22.3.2019, see art. 1(2)

Issue of penalty notice E+W

3.—(1) Where an officer has reason to believe that a person has committed a penalty offence, the officer may issue that person with a penalty notice for an amount not exceeding £10,000.

(2) In determining the penalty, an officer must have regard to any guidance given by the Welsh Ministers on matters to be taken into account when making such a determination.

(3) A penalty notice is issued at the time when it is sent by post or delivered by hand to the person to whom it relates.

Commencement Information

I3 Art. 3 in force at 22.3.2019, see art. 1(2)

Content of penalty notice E+W

4.—(1) A penalty notice issued under article 3 must—

(a) give particulars of the penalty offence;

(b) state the amount of the penalty;

(c) state the period during which, by virtue of article 5, proceedings will not be taken for the offence;

(d) state the person to whom, and the address at which, the penalty may be paid; and

(e) state that payment must not be in cash.

Commencement Information

I4 Art. 4 in force at 22.3.2019, see art. 1(2)

Restriction on proceedings for penalty offence E+W

5.—(1) Where a person is issued with a penalty notice—

(a) no proceedings may be brought against that person for the penalty offence to which that notice relates before the end of the period of 28 days beginning with the date on which that notice was issued; and

(b) that person may not be convicted of the offence if the penalty is paid before the end of that period.

(2) Paragraph (1)—

(a) is subject to article 10; and

(b) does not apply if the penalty notice is withdrawn in accordance with article 9.

Commencement Information

I5 Art. 5 in force at 22.3.2019, see art. 1(2)

Payment of penalty E+W

6.—(1) Payment of a penalty must be made to the person specified in the penalty notice by sending it by post or by such method as may be specified in the notice.

(2) It may not be made in cash.

Commencement Information

I6 Art. 6 in force at 22.3.2019, see art. 1(2)

Payment of one penalty treated as payment of connected penalties E+W

7.—(1) Where a person (“A”) pays the penalty in accordance with article 6, an officer must give a notice (a “ notice of deemed payment” (“hysbysiad taliad tybiedig”)) to all other persons who have been issued with a connected penalty notice.

(2) A penalty notice is a “connected penalty notice” (“hysbysiad cosb cysylltiedig”) if the penalty offence to which that notice relates is the same as, and arises out of the same set of circumstances as, the penalty offence to which the penalty notice issued to, and paid by, A relates.

(3) A notice of deemed payment must—

(a) be sent by post or delivered by hand;

(b) indicate that A has paid the penalty for A's connected penalty notice;

(c) indicate that the penalty notice issued to the recipient of the notice of deemed payment will be treated as having been paid unless that person gives written notice indicating that it should not be so treated (a “notice of objection” (“hysbysiad gwrthwynebu”)); and

(d) state the name and address of the person to whom any notice of objection must be given.

(4) A notice of objection must be sent by post or delivered by hand to the person stated in paragraph (3)(d) within—

(a) 28 days beginning with the date on which the penalty notice was issued; or

(b) if later, 5 days beginning with the date on which the notice of deemed payment was given.

(5) If no notice of objection is given in accordance with this article, the penalty notice issued to a person who has been given a notice of deemed payment is to be treated as having been paid.

Commencement Information

I7 Art. 7 in force at 22.3.2019, see art. 1(2)

Certificate of payment or non-payment of penalty notice E+W

8.  In any proceedings a certificate purporting to be signed by or on behalf of the Welsh Ministers stating that payment in respect of a penalty notice was or was not received on or before a date specified in the certificate is evidence of the facts stated.

Commencement Information

I8 Art. 8 in force at 22.3.2019, see art. 1(2)

Withdrawal of penalty notices E+W

9.—(1) A penalty notice may be withdrawn by an officer who has reason to believe that it ought not to have been issued (whether to the person named in the penalty notice or otherwise).

(2) A penalty notice may be withdrawn before or after payment of the penalty.

(3) If a penalty notice is withdrawn any penalty paid must be repaid.

Commencement Information

I9 Art. 9 in force at 22.3.2019, see art. 1(2)

Commencement of proceedings after payment of penalty in relation to fishing boats from outside the United Kingdom E+W

10.—(1) This article applies in relation to a penalty notice issued to the master, owner or charterer of a fishing boat other than an English, Northern Ireland, Scottish or Welsh fishing boat.

(2) Where a person in receipt of a penalty notice has paid the penalty, that person may give written notice requesting that proceedings be brought for the penalty offence to which the penalty notice relates.

(3) Such notice must—

(a) indicate that the person giving the notice wishes proceedings to be brought for the penalty offence to which the penalty notice relates; and

(b) be given no later than the end of the period of 28 days beginning with the date on which the penalty notice was issued.

(4) Where a person has given such notice, proceedings may be brought against that person.

(5) Where such proceedings are discontinued or the person is acquitted of the offence, the penalty notice is to be treated as never having been issued and any penalty paid must be repaid.

(6) Where a person is convicted of the offence, the penalty notice is to be treated as never having been issued and paragraph (7) or (8) applies as appropriate.

(7) If a fine is imposed on the person in respect of the penalty offence an officer must—

(a) apply so much of the penalty as does not exceed the amount of the fine in or towards payment of the fine; and

(b) repay any amount of the penalty in excess of the amount of the fine.

(8) If no fine is imposed on the person in respect of the penalty offence, any penalty paid must be repaid.

Commencement Information

I10 Art. 10 in force at 22.3.2019, see art. 1(2)

Transitional provision E+W

11.—(1) This article applies where—

(a) a person has been issued with a penalty notice under the Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 M1 ; and

(b) the penalty has not been paid in accordance with article 6, nor has the penalty notice been withdrawn under article 9 of that Order.

(2) The penalty notice is deemed to have been issued under this Order.

Commencement Information

I11 Art. 11 in force at 22.3.2019, see art. 1(2)

Marginal Citations

M1 S.I. 2008/984.

Revocation E+W

12.  The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 is revoked.

Commencement Information

I12 Art. 12 in force at 22.3.2019, see art. 1(2)

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers