The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 (“the principal Order”).

The principal Order provides for the offer and payment of a fixed penalty (as an alternative to prosecution) in relation to certain sea fisheries offences for the purposes of sections 25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 (“the 2007 Act”).

This Order amends the principal Order so as to—

(a) update the address at which a fixed penalty is payable in accordance with article 5 of the principal Order (article 3);

(b) update the details of the person to whom, and the address to which, intimation of non payment of a fixed penalty is to be sent in accordance with article 6 of the principal Order (article 4); and

(c) substitute Schedule 1 to (as read with article 2 of) the principal Order, which lists the relevant offences for which a fixed penalty notice may be issued in accordance with section 25(1) of the 2007 Act (article 5 and the Schedule). The replacement Schedule 1 updates that list of relevant offences by: re-specifying some of the offence provisions cited as relevant offences; omitting those that are no longer in force, and specifying additional relevant offences for the purpose of section 25(1) of the 2007 Act.

This Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008 (“the 2008 Order”) to the extent that it has not already been revoked by the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 (article 6). Article 34 of the 2008 Order amended Schedule 1 to the principal Order. The amendments in this Order supersede those amendments.

No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.