Discard prevention charging schemes

30Catches subject to a charge ignored for certain regulatory purposes

(1)A charging scheme may provide that if—

(a)a charge is payable in respect of an unauthorised catch of sea fish, and

(b)such other conditions as may be prescribed by or in accordance with the scheme are met,

the catch is to be ignored in determining (for any purpose) whether a relevant regulatory breach has occurred.

(2)For this purpose “a relevant regulatory breach” means the catching by a fishing boat of a quantity of sea fish which—

(a)by virtue of a limit imposed under section 15(2) on the authority conferred by the fishing boat’s sea fishing licence, constitutes a contravention of the prohibition in section 14(1), or

(b)constitutes a breach of a condition attached under paragraph 1 of Schedule 3 to the fishing boat’s sea fishing licence.

(3)The conditions which may be prescribed by virtue of subsection (1)(b) include any condition that could be contained in an English sea fishing licence.