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The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

As Enacted Cited authorities 93 Cited in Amendments 7 Related
Vincent
JurisdictionScotland
CitationSSI 2008/101

2008 No. 101

SEA FISHERIES

The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

Made 6th March 2008

Laid before the Scottish Parliament 7th March 2008

Coming into force 1st April 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 25(2)(b), 26(5), 27(1) and (3), 29(2)(b) and 43(1)(b) of the Aquaculture and Fisheries (Scotland) Act 20071and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 and comes into force on 1st April 2008.

(2) In this Order “the Act” means the Aquaculture and Fisheries (Scotland) Act 2007.

S-2 Specification of relevant offences

Specification of relevant offences

2. A relevant offence for the purposes of section 25(1) of the Act2is specified as–

(a) an offence under or by virtue of an enactment listed in Part 1 of Schedule 1 to this Order; and

(b) an offence under or by virtue of an enactment listed in Part 2 of Schedule 1 to this Order, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 19813.

S-3 Specification of shorter period for paying fixed penalty notice

Specification of shorter period for paying fixed penalty notice

3. The period specified for the purposes of section 26(4) of the Act is 7 days in relation to a person to whom a notice4is issued who is domiciled or resident outside the United Kingdom.

S-4 Scale of fixed penalty

Scale of fixed penalty

4. The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in Schedule 2.

S-5 Address at which and method by which fixed penalty is payable

Address at which and method by which fixed penalty is payable

5.—(1) The address specified for the purposes of section 27(3) of the Act is Scottish Government, Banking Section, Financial Management Branch, Mail Point 8, Area 3-A South, Victoria Quay, Edinburgh EH6 6QQ.

(2) The methods of payment specified for the purposes of section 27(3) of the Act are payment by–

(a)

(a) cheque;

(b)

(b) transfer using the Bankers Automated Clearing Service; and

(c)

(c) debit card.

S-6 Person to whom and address to which intimation of non payment of fixed penalty to be sent

Person to whom and address to which intimation of non payment of fixed penalty to be sent

6. The person and address specified for the purposes of section 29(2)(b) of the Act is Head of Prosecutions and Enforcement Policy, SFPA, Room 527, Pentland House, 47 Robbs’s Loan, Edinburgh, EH14 1TY.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th March 2008

SCHEDULE 1

Article 2

Relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007

1 Enactments under or by virtue of which relevant offences are created

PART 1

Enactments under or by virtue of which relevant offences are created

Enactment

Offence provision

Sea Fish (Conservation) Act 19675

Sections 4(6), 4(7A), 4A(6), 4A(7), 4A(8)

Sea Fish (Shellfish) Act 19676

Section 17(1)

Fishery Limits Act 19767

Section 2(5)

Fisheries Act 19818

Section 30(1)(a)

Inshore Fishing (Scotland) Act 19849

Section 4

The Foreign Fishing Boats (Stowage of Gear) Order 197010

Article 3 as read with section 5(4) of the Sea Fisheries Act 196811

Salmon and Migratory Trout (Prohibition of Fishing) (No. 2) (Scotland) Order 197212

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Salmon and Migratory Trout (Restrictions on Landing) Order 197213

Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967

The Molluscan Shellfish (Control of Deposit) Order 197414

Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Lobsters (Control of Deposit) Order 198115

Article 6 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Lobsters (Control of Importation) Order 198116

Article 5 as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967

Receiving of Trans-shipped Sea Fish (Licensing) Order 198217

Article 3 as read with section 4A(3) of the Sea Fish (Conservation) Act 1967

Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 198418

Article 3

Undersized Scallops (West Coast) Order 198419

Article 2 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Scallops (Irish Sea) (Prohibition of Fishing) Order 198420

Article 2 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Inshore Fishing (Salmon and Migratory Trout) (Prohibition of Gill Nets) (Scotland) Order 198621

Article 3 as read with section 4 of the Inshore Fishing (Scotland) Act 1984

Undersized Velvet Crabs Order 198922

Articles 2(1) and 3(1) as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 4 as read with section 1(8) of that Act

Sandeels Licensing Order 198923

Article 2 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Undersized Bass Order 198924

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Sea Fish (Specified Manx Waters) Licensing Order 199025

Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 199026

Article 3 as read with section 6(5) of the Sea Fish (Conservation) Act 1967

Sea Fish Licensing Order 199227

Article 3 as read with section 4(3) of the Sea Fish (Conservation) Act 1967

Fishing Boats (Marking and Documentation) (Enforcement) Order 199328

Article 3

Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 199629

Articles 2 and 3(1) as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984

Food Protection (Emergency Prohibitions) (Dounreay Nuclear Establishment) Order 199730

Articles 4, 5 and 6 as read with section 1(6) of the Food and Environment Protection Act 198531

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 199932

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967 and Article 4 as read with section 6(5) of that Act

Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 200033

Article 3

Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 200034

Article 3

Undersized Lobsters (Scotland) Order 200035

Articles 3 and 4 as read with section 1(7) of the Sea Fish (Conservation) Act 1967 and article 5 as read with section 1(8) of that Act

Undersized Spider Crabs (Scotland) Order 200036

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 200037

Articles 4, 5 and 5A as read with section 3(5) of the Sea Fish (Conservation) Act 1967

Undersized Edible Crabs (Scotland) Order 200038

Article 3 as read with section 1(7) of the Sea Fish (Conservation) Act 1967

Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 200039

Article 3 as read with section 5(7) of the Sea Fish (Conservation) Act 1967

Sea Fishing (North-East Atlantic Control Measures) Order 200040

Article 4

Prohibition of Fishing for Scallops (Scotland) Order 200341

Articles 3, 4 and 5 as read with sections 6 and 7 of the Sea Fish (Conservation) Act 1967

Shrimp Fishing Nets (Scotland) Order 200442

Article 3 as read with section 3(5) of the Sea Fish (Conservation) Act 1967

Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 200443

Articles 3, 5, 6, 7, 9 and 10 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 200444

Article 9

Sea Fish (Marketing Standards) (Scotland) Regulations 200445

Articles 3(1), (2), (3), (4) and (5)

Registration of Fish Sellers and Buyers and Designation of Auction Sites (Scotland) Regulations 200546

Articles 3(7), 4(1), 5(6), 5(7), 6(6), 6(7), 7(7), 7(8), 8(1), 8(2), 9(6), 9(7), 10, 11(1)

Prevention and Monitoring of Cetacean Bycatch (Scotland) Order 200547

Articles 3(2), 4

Inshore Fishing (Prohibition of Fishing for Cockles) (Scotland) (No. 5) Order 200648

Article 2 as read with sections 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (Scotland) Order 200649

Article 14

Sea Fishing (Northern Hake Stock) (Scotland) Order 200650

Articles 3, 4, 5, 6(1), 6(3), 7(1), 7(3), 8

Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 200751

Articles 3(1), (2) and (4)

Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 200752

Articles 3, 4 and 5 as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Inshore Fishing (Prohibited Methods of Fishing (Firth of Lorn) (No. 2) Order 200753

Article 3(1) as read with section 4(1) and 4(1A) of the Inshore Fishing (Scotland) Act 1984

Sea Fishing (Control Procedures for Herring, Mackerel and Horse Mackerel) (Scotland) Order 200854

Articles 3(5), (6), (7), 4(4), 6(4), 7(4)
2 Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981

PART 2

Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981

Enactment

Offence Provision

Sea Fishing (Enforcement of Community Licensing Measures) (North of Scotland Box) Order 198455

Article 3

Fishing Boats (Marking and Documentation) (Enforcement) Order 199356

Article 3

Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 200057

Article 3

Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 200058

Articles 3(1)...

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