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The Sea Fishing (EU Control Measures) (Scotland) Order 2015

Status:

This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the implementation and enforcement of certain provisions of Council Regulation (EC) No. 1224/2009 (OJ L 343, 22.12.2009, p.1) (“the Control Regulation”) and Commission Implementing Regulation (EU) No. 404/2011 (OJ L 112, 30.4.2011, p.1) (“the Implementing Regulation”).

Article 3 of the Order designates the Scottish Ministers as the competent authority for specified purposes of the Control Regulation and the Implementing Regulation.

The Order makes provision for the registration of buyers of fisheries products (article 6) and makes provision for offences in relation to the purchase of fish by unregistered buyers (article 5). The Order requires registered buyers of fisheries products to keep records of the purchase of first sale fish and makes provision for offences in relation to record keeping (article 7). The Order also makes provision for offences relating to the purchase of first sale fish (article 4).

The Order makes provision for the registration of sellers of fisheries products (article 8). A registered seller of fisheries products is required to maintain records and it is an offence to fail to keep records or to fail to produce them to a British sea-fishery officer at the request of that officer or to keep records which are knowingly or recklessly false or misleading (article 9).

The Order makes provision for the registration of auctions (article 10).

Articles 11 and 12 make provision for offences in relation to the marketing and purchase of fisheries products landed from unlicensed fishing boats.

Articles 13, 14 and 15 confer powers on British sea-fishery officers for the purposes of enforcing the Order or any equivalent provision.

Article 16 makes provision for the protection of British sea-fishery officers in the exercise of their powers under the Order.

Article 17 makes it an offence to obstruct such officers.

Provision is made in relation to offences and proceedings (articles 18 and 19).

Article 20 of the Order makes provision in relation to the admissibility of evidence of the weight of fish in any proceedings.

Article 21 makes provision in relation to the landing of herring, mackerel and horse mackerel.

Provision is made in relation to penalties (articles 22 and 23).

Amendments are made to specified instruments (articles 24 to 30 and the Schedule). Other instruments are revoked and savings provision is made (article 31).

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to this Order and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.

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