The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 and comes into force on 1st April 2008.
(2)
In this Order “the Act” means the Aquaculture and Fisheries (Scotland) Act 2007.
Specification of relevant offences2.
(a)
an offence under or by virtue of an enactment listed in Part 1 of Schedule 1 to this Order; and
(b)
Specification of shorter period for paying fixed penalty notice3.
Scale of fixed penalty4.
The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in Schedule 2.
Address at which and method by which fixed penalty is payable5.
(1)
The address specified for the purposes of section 27(3) of the Act is Scottish Government, Banking Section, Financial Management Branch, Mail Point 8, Area 3-A South, Victoria Quay, Edinburgh EH6 6QQ.
(2)
The methods of payment specified for the purposes of section 27(3) of the Act are payment by–
(a)
cheque;
(b)
transfer using the Bankers Automated Clearing Service; and
(c)
debit card.
Person to whom and address to which intimation of non payment of fixed penalty to be sent6.
The person and address specified for the purposes of section 29(2)(b) of the Act is Head of Prosecutions and Enforcement Policy, SFPA, Room 527, Pentland House, 47 Robbs’s Loan, Edinburgh, EH14 1TY.
St Andrew’s House,
Edinburgh
SCHEDULE 1Relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007
PART 1Enactments under or by virtue of which relevant offences are created
Enactment | Offence provision |
|---|---|
Sea Fish (Conservation) Act 19675 | Sections 4(6), 4(7A), 4A(6), 4A(7), 4A(8) |
Sea Fish (Shellfish) Act 19676 | Section 17(1) |
Fishery Limits Act 19767 | Section 2(5) |
Fisheries Act 19818 | Section 30(1)(a) |
Inshore Fishing (Scotland) Act 19849 | Section 4 |
The Foreign Fishing Boats (Stowage of Gear) Order 197010 | Article 3 as read with section 5(4) of the Sea Fisheries Act 196811 |
Salmon and Migratory Trout (Prohibition of Fishing) (No. 2) (Scotland) Order 197212 | Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 |
Salmon and Migratory Trout (Restrictions on Landing) Order 197213 | Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967 |
The Molluscan Shellfish (Control of Deposit) Order 197414 | Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967 |
Lobsters (Control of Deposit) Order 198115 | Article 6 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967 |
Lobsters (Control of Importation) Order 198116 | Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967 |
Receiving of Trans-shipped Sea Fish (Licensing) Order 198217 | Article 3 as read with section 4A(3) of the Sea Fish (Conservation) Act 1967 |
Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 198418 | Article 3 |
Undersized Scallops (West Coast) Order 198419 | Article 2 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 |
Scallops (Irish Sea) (Prohibition of Fishing) Order 198420 | Article 2 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 |
Inshore Fishing (Salmon and Migratory Trout) (Prohibition of Gill Nets) (Scotland) Order 198621 | Article 3 as read with section 4 of the Inshore Fishing (Scotland) Act 1984 |
Undersized Velvet Crabs Order 198922 | Articles 2(1) and 3(1) as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 4 as read with section 1(8) of that Act |
Sandeels Licensing Order 198923 | Article 2 as read with section 4(3) of the Sea Fish (Conservation) Act 1967 |
Undersized Bass Order 198924 | Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 |
Sea Fish (Specified Manx Waters) Licensing Order 199025 | Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967 |
Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 199026 | Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967 |
Sea Fish Licensing Order 199227 | Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967 |
Fishing Boats (Marking and Documentation) (Enforcement) Order 199328 | Article 3 |
Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 199629 | Articles 2 and 3(1) as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984 |
Food Protection (Emergency Prohibitions) (Dounreay Nuclear Establishment) Order 199730 | Articles 4, 5 and 6 as read with section 1(6) of the Food and Environment Protection Act 198531 |
The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 199932 | Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 and Article 4 as read with section 6(5) of that Act |
Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 200033 | Article 3 |
Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 200034 | Article 3 |
Undersized Lobsters (Scotland) Order 200035 | Articles 3 and 4 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 5 as read with section 1(8) of that Act |
Undersized Spider Crabs (Scotland) Order 200036 | Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 |
Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 200037 | Articles 4, 5 and 5A as read with section 3(5) of the Sea Fish (Conservation) Act 1967 |
Undersized Edible Crabs (Scotland) Order 200038 | Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 |
Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 200039 | Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 |
Sea Fishing (North-East Atlantic Control Measures) Order 200040 | Article 4 |
Prohibition of Fishing for Scallops (Scotland) Order 200341 | Articles 3, 4 and 5 as read with sections 6 and 7 of the Sea Fish (Conservation) Act 1967 |
Shrimp Fishing Nets (Scotland) Order 200442 | Article 3 as read with section 3(5) of the Sea Fish (Conservation) Act 1967 |
Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 200443 | Articles 3, 5, 6, 7, 9 and 10 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984 |
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 200444 | Article 9 |
Sea Fish (Marketing Standards) (Scotland) Regulations 200445 | Articles 3(1), (2), (3), (4) and (5) |
Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 200546 | Articles 3(7), 4(1), 5(6), 5(7), 6(6), 6(7), 7(7), 7(8), 8(1), 8(2), 9(6), 9(7), 10, 11(1) |
Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 200547 | Articles 3(2), 4 |
Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No. 5) Order 200648 | Article 2 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984 |
Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 200649 | Article 14 |
Sea Fishing (Northern Hake Stock) (Scotland) Order 200650 | Articles 3, 4, 5, 6(1), 6(3), 7(1), 7(3), 8 |
Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 200751 | Articles 3(1), (2) and (4) |
Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 200752 | Articles 3, 4 and 5 as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984 |
Inshore Fishing (Prohibited Methods of Fishing (Firth of Lorn) (No. 2) Order 200753 | Article 3(1) as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984 |
Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 200854 | Articles 3(5), (6), (7), 4(4), 6(4), 7(4) |
PART 2Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981
Enactment | Offence Provision |
|---|---|
Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 198455 | Article 3 |
Fishing Boats (Marking and Documentation) (Enforcement) Order 199356 | Article 3 |
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 200057 | Article 3 |
Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 200058 | Articles 3(1), 3(2) |
Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 200059 | Articles 3(1), 3(2) |
Sea Fishing (Enforcement of Community Control Measures) Order 200060 | Articles 3(1), 3(2) |
Sea Fishing (North-East Atlantic Control Measures) Order 200061 | Article 4 |
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 200462 | Articles 5, 6, 7, 8(1), 8(2), 8(4), 9(1), 9(2), 11, 12, 13, 14(1), 14(2) |
Incidental Catches of Cetaceans in Fisheries (England) Order 200563 | Article 4 |
Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (England) Order 200664 | Article 4 |
Sea Fishing (Northern Hake Stock) (Wales) Order 200665 | Articles 3, 4(1), 4(3), 4(4), 5(1), 6, 7, 8 |
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 200666 | Articles 5, 6, 7, 8(1), 8(2), 8(4), 9(1), 9(2), 11, 12, 13, 14(1), 14(2) |
SCHEDULE 2Scale of fixed penalties
Penalty level | Amount |
|---|---|
1 | £250 |
2 | £500 |
3 | £1000 |
4 | £2000 |
This Order makes provision for fixed penalty notices which are provided for in sections 25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 (“the 2007 Act”).
Article 2 of the Order specifies relevant offences. In terms of section 25(1) of the 2007 Act, if a British sea–fishery officer has reasonable grounds for suspecting that a person has committed a relevant offence then the officer may issue a fixed penalty notice. Relevant offences are listed in Schedule 1 to the Order. They include, in Part 2 of Schedule 1, offences under orders made under section 30(2) of the Fisheries Act 1981. In terms of section 30(2A) of that Act, proceedings for an offence under any order made under section 30(2) may be taken in any place in the United Kingdom.
Article 3 of the Order prescribes a shorter period for paying a fixed penalty notice where the person to whom the notice is issued is domiciled or resident outside the United Kingdom. In such cases the period for paying is 7 days.
Article 4 and Schedule 2 prescribe the scale of fixed penalties from £250 up to a maximum of £2000.
Article 5 specifies the address at which and the methods by which payment of the fixed penalty is to be made.
Before the expiry of the period for paying the fixed penalty, a person to whom a notice has been issued may intimate that they intend not to pay. Article 6 specifies where such an intimation should be sent.
A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Marine Directorate, Pentland House, Robb’s Loan, Edinburgh EH14 1TY.