Part 1The Marine Management Organisation
Chapter 4Miscellaneous, general and supplemental provisions
General powers and duties
I130Continuation of certain existing prosecutions
1
Any prosecution commenced by the Secretary of State before the appropriate commencement date—
a
for an offence in relation to any of the functions transferred to the MMO by or under Chapter 2 of this Part, or
b
for an offence under the fisheries legislation (see subsections (2) and (3)),
may be continued on or after that day by the MMO.
2
In this section “the fisheries legislation” means—
a
any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));
b
any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.
3
“The fisheries legislation” does not include—
a
the Salmon and Freshwater Fisheries Act 1975 (c. 51);
b
the Salmon Act 1986 (c. 62);
c
byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);
d
the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);
e
byelaws made by an inshore fisheries and conservation authority under section 155.
4
In this section—
“the appropriate commencement date” means—
- a
in relation to an offence falling within paragraph (a) of subsection (1), the date on which the function to which the offence relates is transferred to the MMO;
- b
in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;
- a
“enforceable EU obligation” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;
“enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.