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Inshore Fishing (Scotland) Act 1984

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Changes over time for: Section 4

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Version Superseded: 16/09/2013

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Status:

Point in time view as at 08/08/1994. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Inshore Fishing (Scotland) Act 1984, Section 4. Help about Changes to Legislation

4 Offences.S

(1)Any person who contravenes section 3 of this Act or any order made under this Act, or who fails to comply with section 1(3) of this Act shall be guilty of an offence; and where a fishing boat is used in the commission of such an offence, the master, the owner and the charterer (if any) shall each be guilty of an offence under this section.

[F1(1A)Where an offence is committed by way of a contravention of any order made under this Act or of a failure to comply with section 1(3) of this Act, and where a vehicle or equipment is used in the commission of the offence, each of the following persons shall (in addition to the contravenor) be guilty of an offence—

(a)any person who caused or permitted the contravention;

(b)the owner of the vehicle or equipment;

(c)if the vehicle or equipment was subject to hire, the hirer; and

(d)any person who was in charge of the vehicle or equipment.]

(2)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £5,000 or, on conviction on indictment, to a fine.

(3)Proceedings for an offence under this section or section 6 of this Act may be taken in any sheriff court, and the offence dealt with by the sheriff in every respect as if the offence had been committed wholly within his jurisdiction.

(4)The court by or before which a person is convicted of an offence under this section may, in addition to imposing any penalty under subsection (2) above—

(a)order the forfeiture of any fish in respect of which the offence was committed or, alternatively, impose a fine not exceeding the value of such fish;

(b)order the forfeiture of any net or other fishing gear used in the commission of the offence,

and any fish or gear forfeited under this subsection shall be disposed of as the court may direct.

Textual Amendments

F1S. 4(1A) inserted (8.8.1994) by 1994 c. 27, s. 2; S.I. 1994/2124, art. 2

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