The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

Explanatory Note

(This note is not part of the Order)

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.