Interpretation2.

(1)

In this Order–

F1“Community fishing boat” means a fishing boat flying the flag of, and registered in, a Member State of the European Community other than the United Kingdom;

“premises” includes land;

“the Regulation” means Council Regulation (EC) No. 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels3;

F2“relevant British fishing boat” means a fishing boat which is not a Scottish fishing boat and which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 19953 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

“relevant document” means a document relating to the catching of sharks or the landing, transportation, transhipment, sale or disposal of sharks, shark fins or remaining parts of sharks;

F3“relevant fishing boat” means—

(a)

in relation to article 3(1)—

  1. (i)

    a Scottish fishing boat wherever it may be; and

  2. (ii)

    any other fishing boat which is within the Scottish zone, except any relevant British fishing boat or Community fishing boat that holds, and operates in compliance with, a special fishing permit issued in accordance with Article 4 of the Regulation; and

(b)

in relation to article 3(3), any relevant British fishing boat or Community fishing boat which is within the Scottish zone and holds a special fishing permit issued in accordance with Article 4 of the Regulation;

“relevant offence” means an offence under–

(a)

article 3 of this Order or

(b)

any equivalent provision extending to any other part of the United Kingdom made for the purposes of implementing the Regulation, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;

“Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 19984;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 19955 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

(2)

Expressions used in this Order which are not defined in this Order and which appear in the Regulation have the same meaning in this Order as they have for the purposes of the Regulation.