- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005, Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) A registered fish seller is authorised for the purposes of [F1Chapter II of Title V (control of marketing: post-landing activities)], insofar as he sells first sale fish by any form of competitive bidding at a designated auction site either on his own behalf or as the seller's agent.
(2) Any person may apply, using such form as the Secretary of State may prescribe, to the Secretary of State to be registered as a fish seller.
(3) An applicant for registration as a fish seller shall include with his application a statement of the facilities and the proposed methods of operation he intends to use and of the place where he intends to maintain his records of sales of first sale fish.
(4) In considering an application for registration the Secretary of State shall take into account whether the statement as to the facilities and proposed methods of operation of the fish seller, and of the place where he intends to maintain his records of sales of first sale fish, are such as to assist compliance by the fish seller with [F2Articles 59, 62, 63, 64, 66 and 67] and these Regulations.
(5) The Secretary of State shall notify an applicant in writing of her decision on an application made to her in accordance with this regulation.
(6) Where the Secretary of State grants a registration the Secretary of State shall specify the conditions, listed at Schedule 1, subject to which the registration is granted.
(7) The Secretary of State shall publish a list of registered fish sellers in such manner as she sees fit.
(8) The registration of a fish seller may be suspended where, in the view of the Secretary of State, the registered fish seller has not —
(a)complied with a condition of registration; or,
(b)complied with any requirement of [F3Article 59, 62, 63, 64, 66 or 67] or these Regulations.
(9) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.
(10) Any registered fish seller who sells first sale fish in breach of a condition of his registration is guilty of an offence.
Textual Amendments
F1Words in reg. 3(1) substituted (6.3.2015) by The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 (S.I. 2015/191), arts. 1(1), 4(4)(a)
F2Words in reg. 3(4) substituted (6.3.2015) by The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 (S.I. 2015/191), arts. 1(1), 4(4)(b)
F3Words in reg. 3(8)(b) substituted (6.3.2015) by The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 (S.I. 2015/191), arts. 1(1), 4(4)(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: