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)