Part IV Safety

F2 Power to require ships to be moved

Annotations:
Amendments (Textual)
F2

Ss. 100C-100E and crossheading inserted (23.3.1997) by 1997 c. 28, s. 10; S.I. 1997/1082, art. 2, Sch.

F1100G Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force.

1

If it appears to the Secretary of State that any requirement of regulations under section 100F(2) or regulations under section 192A is being contravened in respect of a ship in respect of which a trans-shipment licence is in force, he may serve on the master a notice under subsection (2) below.

2

A notice under this subsection must specify the contravention by reason of which it is given and must—

a

prohibit the receiving by the ship of fish trans-shipped from another ship,

b

prohibit the processing of fish on the ship, or

c

prohibit both such receiving and such processing.

3

The Secretary of State shall revoke a notice under subsection (2) above if he is satisfied that the contravention specified in it has been remedied.

4

If a trans-shipment licence ceases to be in force in respect of a ship to which a notice under subsection (2) above relates, the notice is revoked by virtue of this subsection.

5

If without reasonable excuse the master of a ship causes or permits any prohibition imposed by a notice under subsection (2) above to be contravened in respect of the ship, he shall be liable—

a

on summary conviction, to a fine not exceeding £50,000;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

6

The obligation imposed by regulations under section 100F(2) shall not be enforceable except in accordance with this section, but this subsection does not limit the powers conferred by section 258.