Regulation of fishing for sea fish

4CF1 Provisions supplementary to sections 4 and 4A—evidence.

1

Where automatic recording equipment—

a

is used in accordance with a condition included in a licence by virtue of section 4(6) or 4A(6) of this Act, or

b

is used to record information transmitted or derived from equipment used in accordance with such a condition,

any record produced by means of the automatic recording equipment, or partly by those and partly by other means, shall, in any proceedings for an offence under section 4 or 4A, except proceedings in Scotland, be evidence of the matters appearing from the record.

2

In any proceedings in Scotland for an offence under section 4 or 4A, any document which constitutes or contains—

a

an entry in any logbook kept, or purported to be kept, under an enforceable F2EU obligation relating to fishing activities, by the master of a vessel,

b

a declaration made, or purported to be made, under such an obligation—

i

as to fish landed, by the master of a vessel or by an agent,

ii

as to trans-shipment, by the master of a vessel,

c

information provided, or purported to be provided, under—

i

any condition imposed under section 4(6) or 4A(6), by the master, owner or charterer (if any) of a vessel and, in the case of any condition imposed under section 4(6), by any of those persons or by an agent,

ii

a requirement under section 4(7) or 4A(7), by the master, owner or charterer (if any) of a vessel and, in the case of any condition imposed under section 4A(7), by any of those persons or by an agent,

d

a record referred to in subsection (1) above or anything which purports to be such a record,

shall be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein or appearing therefrom.

3

In subsection (2) above, “document” includes, in addition to a document in writing—

a

any map, plan, graph or drawing,

b

any photograph,

c

any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and

d

any film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.

4

This section shall have effect in relation to offences committed after the end of the period of one month beginning with the day on which the Sea Fish (Conservation) Act 1992 was passed.