Merchant Shipping Act 1995

15 Supplementary provisions as respects fishing vessels. U.K.

(1) Subject to subsection (2) below, if a fishing vessel which—

(a) is either—

(i) entitled to be registered, or

(ii) wholly owned by persons qualified to be owners of British ships, but

(b) is registered neither under this Act in the part of the register relating to fishing vessels nor under the law of any country outside the United Kingdom,

fishes for profit the vessel shall be liable to forfeiture and the skipper, the owner and the charterer of the vessel shall each be guilty of an offence.

(2) Subsection (1) above does not apply to fishing vessels of such classes or descriptions or in such circumstances as may be specified in regulations made by the Secretary of State.

(3) If the skipper or owner of a fishing vessel which is not registered in the United Kingdom does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a vessel registered in the United Kingdom, then, subject to subsection (4) below, the vessel shall be liable to forfeiture and the skipper, the owner and any charterer of the vessel shall each be guilty of an offence.

(4) Where the registration of a fishing vessel has terminated by virtue of any provision of registration regulations, any marks prescribed by registration regulations displayed on the fishing vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsection (3) above.

(5) Any person guilty of an offence under this section shall be liable—

(a) on summary conviction, to [F1 a fine not exceeding £50,000] [F1 a fine];

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(6) Proceedings for an offence under this section shall not be instituted—

(a) in England and Wales, except by or with the consent of the Attorney [F2 General or] the Secretary of State F3 . . .; or

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland, the Secretary of State or the Minister.

(7) In subsection (6) above “the Minister”—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to Northern Ireland, means the Secretary of State concerned with sea fishing in Northern Ireland.

(8) This section applies to things done outside, as well as to things done within, the United Kingdom.

(9) Sections 8 and 9 of the M1 Sea Fisheries Act 1968 (general powers of British sea-fishery officers and powers of sea-fishery officers to enforce conventions) shall apply in relation to any provision of this section or of registration regulations in their application to fishing vessels or fishing vessels of any class or description as they apply in relation to any order mentioned in section 8 of that Act and in relation to any convention mentioned in section 9 of that Act respectively; and sections 10 to 12 and 14 of that Act (offences and supplemental proceedings as to legal proceedings) shall apply accordingly.

Textual Amendments

F1 Words in s. 15(5)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(3) (with reg. 5(1))

F2 Words in s. 15(6)(a) substituted (27.3.2002) by 2002/794, art. 5(1), Sch. 1 para. 36 (with arts. 5(3), 6)

F3 Words in s. 15(6)(a) repealed (27.3.2002) by 2002/794, art. 5(2), Sch. 2 (with art. 6)

F4 S. 15(7)(a) and the word “and” at the end of the para. repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

Marginal Citations

M1 1968 c. 77.