The Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

Persons entitled to a permit

10.—(1) A person may apply for a permit if they—

(a) are 16 years of age or over,

(b) hold an intertidal safety training course certificate issued within the preceding 3 year period, and

(c) have not been convicted within the preceding 12 month period, or the preceding 6 month period if they were under 18 at the date of their conviction, of a relevant offence.

(2) In this article, “relevant offence” means—

(a) an offence under section 3(3) (contravening a fishery regulating order etc) of the Sea Fisheries (Shellfish) Act 1967(1);

(b) an offence under section 31(2) (refusing entry, search and investigation to a water bailiff) of the Salmon and Freshwater Fisheries Act 1975(2);

(c) an offence under—

(i) section 139 (contravention of orders under sections 134, 134A, 134B or 136),

(ii) section 190 (contravention of orders under section 189), or

(iii) section 292 (offences in relation to enforcement officers), of the 2009 Act(3).

(1)

1967 c. 83. Subsection (3) maximum fine was increased by the Criminal Law Act 1977 (c. 45), Section 31(6), and converted to a level on the standard scale by virtue of the Criminal Justice Act 1982 (c. 48) Subsection 37, 38, 46, and further increased by the Criminal Justice and Public Order Act 1994 (c. 33), Section 157, Schedule 8, Part I. Subsection (3) was further amended by the Marine and Coastal Access Act 2009 (c. 23), s 205(1), (2) and by S.I. 2015/664.

(2)

1975 c. 51.

(3)

2009 c. 23. Sections 139(1) and (2) were amended (relevantly) to include reference to new section 134A by the Fisheries Act 2020 (c. 22), Schedule 10, paragraph 23. Sections 190 and 292 were amended to increase the maximum fine by S.I. 2015/664, Schedule 4, paragraph 43.