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Sea Fisheries (Shellfish) Act 1967
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Changes over time for: Section 4D
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[F14DSections 4A to [F24CA]: supplementaryE+W+S
(1)A British sea-fishery officer, or a person assisting such an officer by virtue of section 4A(2) or [F3, 4B(3) or (12) or 4CA(2)(b)], is not liable in any civil or criminal proceedings for anything done in the purported exercise of a power conferred by section 4A, 4B [F4, 4C or 4CA ] if the court is satisfied—
(a)that the act was done in good faith;
(b)that there were reasonable grounds for doing it; and
(c)that it was done with reasonable skill and care.
(2)A person who—
(a)fails without reasonable excuse to comply with any requirement imposed on the person by a British sea-fishery officer under a power conferred by section 4A [F5, 4B or 4CA ];
(b)without reasonable excuse prevents, or attempts to prevent, any other person from complying with such a requirement; or
(c)obstructs such an officer in the exercise of any of those powers or the powers conferred by section 4C,
shall be guilty of an offence.
F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person who commits an offence under subsection (2) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.]
Textual Amendments
F1Ss. 4A-4D inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(1), 104(1); S.S.I. 2006/432, art. 2(f)
F2Words in s. 4D title substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(4), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F3Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(i), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F4Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(ii), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F5Words in s. 4D(2)(a) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2
F6S. 4D(2A)(2B) repealed (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential and Supplementary Modifications) Regulations 2017 (S.S.I. 2017/452), reg. 1, sch. para. 6
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