The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008

Interpretation

3.—(1) In this Order—

“authorised officer” means a person—

(a)

who by virtue of section 7 of the Sea Fisheries Act 1968(1) is a British sea-fishery officer, or

(b)

who has been appointed a fishery officer under section 10 of the Sea Fisheries Regulation Act 1966(2);

“penalty” means the amount specified in a penalty notice;

“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with this Order, to discharge any liability to be convicted of the penalty offence to which the notice relates;

“penalty offence” means an offence (other than one involving assault, obstruction, or failure to comply with a requirement imposed by a person) under—

(a)

section 30(1)(a) of the Fisheries Act 1981(3) (offences relating to enforceable Community restrictions relating to sea fishing);

(b)

an order made under section 30(2) of that Act (provisions for the enforcement of any enforceable Community restriction or other obligation relating to sea fishing);

(c)

the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005(4);

(d)

the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Wales) Regulations 2006(5); or

(e)

the Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 2005(6);

“Wales” has the same meaning as in section 158(1) of the Government of Wales Act 2006(7).

(2) In this Order, a fishing boat is—

(a) an English one if it is—

(i) registered, with its specified port being in England, or

(ii) owned wholly by persons qualified to own British ships for the purposes of Part II of the Merchant Shipping Act 1995(8), other than a Northern Ireland, Scottish or Welsh fishing boat within the meaning of this paragraph,

(b) a Northern Ireland one if it is registered, with its specified port being in Northern Ireland,

(c) a Scottish one if it is registered, with its specified port being in Scotland,

(d) a Welsh one if it is registered, with its specified port being in Wales,

and in this paragraph “registered” means registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and “specified port” means the port specified in the entry in that register as the one to which the boat is to be treated as belonging.

(1)

1968 c. 77.

(2)

1966 c. 38.

(3)

1981 c. 29.

(4)

S.I. 2005/1605.

(5)

S.I. 2006/1495 (W.145).

(6)

S.S.I. 2005/286, as amended by S.S.I. 2005/438. Proceedings for an offence under S.S.I. 2005/286 may be taken, and for all incidental purposes the offence may be treated as having been committed, in England or Wales by virtue of regulation 1(3) of that instrument.

(7)

2006 c. 32.

(8)

1995 c. 21.