Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984
| Jurisdiction | UK Non-devolved |
1984 No. 291
SEA FISHERIES
The Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984
Made 2nd March 1984
Laid before Parliament 9th March 1984
Coming into Operation 1st April 1984
The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) of the Fisheries Act 1981 and of all their other enabling powers, hereby make the following order:—
Citation and commencement
1. This order may be cited as the Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 1984 and shall come into operation on 1st April 1984.
Interpretation
2. In this order—
“” means (EEC) No. 2166/83
“” means and
“” means (EEC) No. 170/83
Offences and Penalties
3. Where there is in respect of any licensed EC fishing boat within British fishery limits a failure to comply with Article 4 of the Commission Regulation, the master and the owner shall each be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding £1000;
(b) on conviction on indictment, to a fine.
Enforcement
4.—(1) The provisions of section 8(2) to (4) of the Sea Fisheries Act 19681(general powers of British sea fishery officers) shall have effect in relation to this order as they have effect in relation to an order under section 5 of that Act or section 2 of the Fishery Limits Act 1976 and for the purpose of the enforcement of this order, there are hereby conferred on every British sea fishery officer in relation to any licensed EC fishing boat within British fishery limits all the powers of a British sea fishery officer under those subsections.
(2) Any person who, on any licensed EC fishing boat within British fishery limits—
(a)
(a) fails without reasonable excuse to comply with any requirement imposed, or to answer any question (other than a question tending to show that he has committed a criminal offence) asked by a British sea fishery officer under the powers conferred on him by paragraph (1) above;
(b)
(b) prevents, or attempts to prevent, any other person from complying with any such requirement or answering any such question; or
(c)
(c) assaults any such officer while exercising any of the powers conferred on him by paragraph (1) above or obstructs any such officer in the exercise of those powers;
shall be guilty of an offence and liable—
(i)
(i) on summary conviction, to a fine not exceeding £5000; or
(ii)
(ii) on conviction on indictment, to a fine.
(3) A British sea fishery...
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