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—

    1. 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;

    2. b

      in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;

  • “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.