Sea Fish (Conservation) Act 1967 (c. 84)

Penalties for, and other provisions as to, offences U.K.

11 Penalties for offences. U.K.

[F1 (1) Any person guilty of an offence under this Act shall be liable—

(a) in the case of an offence under section [F2 [F3 section 4(3) or (6)] [F3 section 1, 2, 3, 4(3), (6) or (9A)], 4A(3) or (6)], [F4 5(1) or 6(5A)(a)] [F4 5(1) or (6) or 6(5) or (5A)], on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine;

(b) [F5 in the case of an offence under section 3 [F6 , [F7 4(9A)]] or 5(6), on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine;]

(c) in the case of an offence under section [F8 1, 2,] 4(7) or (7A), 4A(7) or (8) [F8 , 6(5) or (5A)(b)] or 7(3), on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine.

(2) Subject to the following provisions of this section, the court by or before which a person is convicted of an offence under any of the following provisions of this Act, that is to say, sections 1, 3, 4(3) [F9 , (6) and (9A)] [F9 and (6)], 4A(3) and (6), 5(1) and (6) and 6(5) and (5A)(b) may—

(a) in the case of an offence under section 1, order the forfeiture of any fish in respect of which the offence was committed;

(b) in the case of an offence under section 3, order the forfeiture of the net or other fishing gear in respect of which the contravention constituting the offence occurred;

(c) in the case of an offence under section 4(3) [F10 , (6) or (9A)] [F10 or (6)] or 4A(3) or (6), order that the owner or the charterer (if any) of the vessel used to commit the offence or, as the case may be, of the vessel named in the licence of which a condition is broken, be disqualified for a specified period from holding a licence under that section in respect of that vessel;

(d) in the case of an offence under section 4(3) [F11 , (6) or (9A)] [F11 or (6)] or section 5(1) or (6), order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence;

(e) in the case of an offence under section 6(5) or (5A)(b), order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used on the vessel in catching any fish landed or trans-shipped in contravention of an order under that section.

(3) Any person guilty of an offence under section 1, 3, 4(3) [F12 , (6) or (9A)] [F12 or (6)], 4A(3) or (6), 5(1) or (6) or 6 of this Act shall, subject to [F13 subsection (5)] [F13 subsection (4)] below, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed or, in the case of an offence under section 3, the fish caught with the net or other fishing gear in respect of which the contravention constituting the offence occurred.]

(4) A person shall not be liable to a fine under subsection (3) above in respect of an offence if, under subsection (2) above, the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under subsection (3) above in respect of any offence, the court shall not have power under subsection (2) above to order the forfeiture of the fish in respect of which the offence was committed.

(5) Subject to subsection (4) above, any fine to which a person is liable under subsection (3) above in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this section or under any other enactment.

Textual Amendments

F1 S. 11(1)–(3) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(1)

F2 Words in s. 11(1)(a) substituted (17.1.1993) by Sea Fish (Conservation) Act 1992 (c. 60), ss. 5(a), 11(1) (with s. 11(4)).

F3 Words in s. 11(1)(a) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 199(2)(a), 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F4 Words in s. 11(1)(a) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 199(2)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F5 S. 11(1)(b) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(A); S.I. 2009/3345, art. 2, Sch. para. 27(b); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F6 Word in s. 11(1)(b) repealed (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 3(b)(i) (with s. 39); S.S.I. 2007/333, art. 2(1)

F7 Words in s. 11(1)(b) substituted (17.1.1993) by Sea Fish (Conservation) Act 1992 (c. 60), ss. 5(b), 11(1) (with s. 11(4)).

F8 Words in s. 11(1)(c) repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(A); S.I. 2009/3345, art. 2, Sch. para. 27(b); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F9 Words in s. 11(2) substituted (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 3(b)(ii) (with s. 39); S.S.I. 2007/333, art. 2(1)

F10 Words in s. 11(2)(c) substituted (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 3(b)(iii) (with s. 39); S.S.I. 2007/333, art. 2(1)

F11 Words in s. 11(2)(d) substituted (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 3(b)(iv) (with s. 39); S.S.I. 2007/333, art. 2(1)

F12 Words in s. 11(3) substituted (S.) (1.8.2007) by Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), s. 45(2), sch. para. 3(b)(v) (with s. 39); S.S.I. 2007/333, art. 2(1)

F13 Words in s. 11(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 15 para. 4; S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

Modifications etc. (not altering text)

C1 S. 11 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)

C2 S. 11(1)(c) amended (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c.53, SIF 39:1), s. 17(3), Sch. 4 Pt. III; S.I. 1992/333, art. 2(2), Sch. 2

[F14 12 Offences by directors, partners, etc U.K.

(1) Where a relevant offence has been committed by a body corporate and it is proved that the offence—

(a) has been committed with the consent or connivance of a person falling within subsection (2), or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.

(2) The persons are—

(a) a director, manager, secretary or similar officer of the body corporate;

(b) any person who was purporting to act in such a capacity.

(3) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

(4) Where a relevant offence has been committed by a Scottish firm and it is proved that the offence—

(a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.

(5) In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.]

Textual Amendments

F14 S. 12 substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 200, 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

Modifications etc. (not altering text)

C3 S. 12 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)

13 Institution of proceedings by local fisheries committee. E+W+S

(1) A local fisheries committee may take proceedings in respect of any contravention of section 1, 2 or 3 of this Act occurring within the district of the committee.

(2) For the purposes of subsection (1) above, in so far as it applies to a contravention of the said section 1 or 2, the district of a local fisheries committee shall be deemed to extend throughout the area of any council liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by that subsection on the committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any county borough or [F15 district.]

Textual Amendments

F15 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

[F16 14 Jurisdiction of court to try offences. U.K.

Proceedings for an offence under section 1(3), 3, 4, 4A, 5, 6, 7, 15, or 16 of this Act may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.]

Textual Amendments

F16 S. 14 substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 29

Modifications etc. (not altering text)

C4 S. 14 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)

C5 S. 14 saved (17.4.2000) by S.I. 2000/874, art. 1(3)