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The Sea Fishing (Restriction on Days at Sea) Order (Northern Ireland) 2005
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Penalties and defenceN.I.
23.—(1) A person guilty of an offence under Part 2 or Part 3 of this Order or under any equivalent provision shall be liable –
(a)on summary conviction to a fine not exceeding £50,000; and
(b)on conviction on indictment to a fine.
(2) The court by or before which a person is convicted of an offence under [F1any of Articles 7 to 11 of this Order] of this Order or under any equivalent provision may, subject to paragraph (4), also order forfeiture of:
(a)any fish in respect of which the offence was committed; and
(b)except in the case of an offence under Article 7 or 17 or any equivalent provision, any fishing gear used in the course of, or in activities leading to, the commission of the offence.
(3) Any person found guilty of an offence under [F2any of Articles 7 to 11 of this Order] of this Order or under any equivalent provision shall, subject to paragraph (4), also be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
(4) A person shall not be liable to a fine under paragraph (3) in respect of such an offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (3) in respect of any offence, the court shall not have the power under paragraph (2) to order forfeiture of the fish in respect of the offence was committed.
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) References in this Article to fish in respect of which an offence was committed include fish caught at any time in the period during which the offence was committed.
Textual Amendments
F1Words in art. 23(2) substituted (1.8.2006) by The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order (Northern Ireland) 2006 (S.R. 2006/300), arts. 1, 31(3)
F2Words in art. 23(3) substituted (1.8.2006) by The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order (Northern Ireland) 2006 (S.R. 2006/300), arts. 1, 31(4)
F3Art. 23(5) omitted (1.8.2006) by virtue of The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order (Northern Ireland) 2006 (S.R. 2006/300), arts. 1, 31(5)
Commencement Information
I1Art. 23 in operation at 28.7.2005, see art. 1(1)
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