Sea Fisheries (Shellfish) Act 1967

[F1 4D Sections 4A to [F2 4CA]: supplementary E+W+S

(1) A British sea-fishery officer, or a person assisting such an officer by virtue of section 4A(2) or [F3 , 4B(3) or (12) or 4CA(2)(b)], is not liable in any civil or criminal proceedings for anything done in the purported exercise of a power conferred by section 4A, 4B [F4 , 4C or 4CA ] if the court is satisfied—

(a) that the act was done in good faith;

(b) that there were reasonable grounds for doing it; and

(c) that it was done with reasonable skill and care.

(2) A person who—

(a) fails without reasonable excuse to comply with any requirement imposed on the person by a British sea-fishery officer under a power conferred by section 4A [F5 , 4B or 4CA ];

(b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with such a requirement; or

(c) obstructs such an officer in the exercise of any of those powers or the powers conferred by section 4C,

shall be guilty of an offence.

[F6 (2A) A constable may arrest without warrant any person who the constable reasonably believes is committing or has committed an offence under subsection (2) relating to—

(a) a failure to comply with a requirement imposed under a power conferred by section 4CA,

(b) obstructing a British sea-fishery officer in the exercise of such a power.

(2B) Subsection (2A) above is without prejudice to any power of arrest conferred by law apart from that subsection.]

(3) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.]

Textual Amendments

F1 Ss. 4A-4D inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 98(1), 104(1); S.S.I. 2006/432, art. 2(f)

F2 Words in s. 4D title substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(4), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F3 Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(i), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F4 Words in s. 4D(1) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(a)(ii), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F5 Words in s. 4D(2)(a) substituted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(b), 66(2) (with s. 65); S.S.I. 2013/249, art. 2

F6 S. 4D(2A)(2B) inserted (S.) (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 57(3)(c), 66(2) (with s. 65); S.S.I. 2013/249, art. 2