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Changes over time for: Section 39


Timeline of Changes
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.
Status:
Point in time view as at 31/12/2020.
Changes to legislation:
There are currently no known outstanding effects for the The Conservation of Offshore Marine Habitats and Species Regulations 2017, Section 39.

Changes to Legislation
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Application of offences in Part 3U.K.
This section has no associated Explanatory Memorandum
39.—(1) Subject to paragraphs (2) and (3), regulations 40, 42, 43, 45, 47 and 49 (in so far as they are capable of so applying) apply to any person—
(a)in any part of the waters comprised in the offshore marine area;
(b)on a ship in any part of the waters comprised in the offshore marine area;
(c)on a British aircraft over the waters comprised in the offshore marine area;
(d)on or under an offshore marine installation; or
(e)on any aircraft above an offshore marine installation, in so far as the presence of the aircraft above that installation is for purposes connected with the use of the installation.
(2) Regulations 40, 42, 43 and 49 do not apply to any person on a third country ship [unless the United Kingdom is entitled under international law to exercise those powers without the consent of the flag state].
(3) Regulation 45(3) only applies in relation to a person on a third country ship where—
(a)the animal in question is a relevant animal; or
(b)the part in question is from, or the thing in question is derived from, a relevant animal.
(4) In paragraph (3) “a relevant animal” is an animal of a European protected species which was taken or killed in any part of the waters within British fishery limits.
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