Search Legislation

Aquaculture and Fisheries (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

Fixed penalty notices

25Issue of fixed penalty notices

(1)Where a British sea-fishery officer has reasonable grounds for suspecting that a person has committed a relevant offence, the officer may issue the person with a fixed penalty notice.

(2)In subsection (1), a relevant offence is an offence—

(a)under the Sea Fisheries enactments, and

(b)specified by the Scottish Ministers by order.

(3)In this Part—

  • “appropriate fixed penalty” has the meaning given in section 27(2);

  • “British sea-fishery officer” means any person who by virtue of section 7 of the Sea Fisheries Act 1968 (c. 77) is a British sea-fishery officer;

  • “period for paying” has the meaning given in section 26(4);

  • “notice” means a fixed penalty notice issued under subsection (1);

  • “Sea Fisheries enactments” means any enactments for the time being in force relating to sea fish or sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout.

26Content and form of fixed penalty notice

(1)A notice must—

(a)give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence,

(b)state the amount of the appropriate fixed penalty for the offence,

(c)state the period for paying,

(d)state that, if before the period for paying has expired the person makes payment of the fixed penalty, any liability to conviction of the offence is discharged,

(e)state that the payment of a fixed penalty is not a conviction nor may it be recorded as such,

(f)state that no proceedings may be commenced against the person in respect of the offence unless—

(i)intimation of an intention not to pay the fixed penalty has been made, or

(ii)the period for paying has expired and no payment of the fixed penalty has been made,

(g)state the person to whom payment should be made, at such address and by such methods, as specified under section 27(3),

(h)state that if the person does not intend to pay the fixed penalty the person may intimate that intention in writing to such person at such address as specified under section 29(2)(b).

(2)A notice may include such other information as the Scottish Ministers think fit.

(3)The Scottish Ministers may by order prescribe the form of notices.

(4)The “period for paying” is, subject to subsection (5), a period of 28 days beginning with the day on which the notice was issued or such longer period as the notice may specify.

(5)The Scottish Ministers may for the purposes of subsection (4) specify by order a period shorter than 28 days in relation to different cases and categories of case; and may so specify such supplementary provision in connection with the shortening of the period as they consider necessary or expedient.

27Amount and payment of fixed penalty

(1)The Scottish Ministers may by order prescribe a scale of fixed penalties for the purposes of sections 25 to 31, the amount of the maximum penalty on the scale being a sum not exceeding 80 per cent of level 4 on the standard scale.

(2)The “appropriate fixed penalty” means such fixed penalty on the scale prescribed under subsection (1) as the British sea-fishery officer thinks fit having regard to the circumstances of the case and any relevant provision of an order under that subsection.

(3)The fixed penalty is to be payable to the Scottish Ministers, at such address and by such methods as the Scottish Ministers may by order specify.

28Effect of payment

(1)Where a person makes payment of the appropriate fixed penalty before the period for paying has expired no proceedings may be brought against the person for the offence.

(2)Payment of a fixed penalty is not a conviction nor may it be recorded as such.

29Intimation of non-payment

(1)A person to whom a notice is issued may, before the expiry of the period for paying, intimate an intention not to pay the fixed penalty.

(2)An intimation under subsection (1) must—

(a)be in writing,

(b)be sent by post or delivered to such person as the Scottish Ministers may by order specify at such address so specified.

30Restriction on proceedings and notification of procurator fiscal

(1)Proceedings in respect of an offence to which a notice relates may not be brought against the person to whom the notice relates unless the procurator fiscal has been notified in accordance with subsection (2) or (3).

(2)Where an intimation is made under section 29(1), the Scottish Ministers must notify the procurator fiscal; unless the notice is withdrawn under section 31.

(3)Where—

(a)payment of the fixed penalty has not been made before the expiry of the period for paying, and

(b)no intimation has been made under section 29(1),

the Scottish Ministers must notify the procurator fiscal; unless the notice is withdrawn under section 31.

(4)In proceedings for an offence, a certificate which—

(a)purports to be signed by or on behalf of the Scottish Ministers, and

(b)states that payment of an amount specified in the certificate was or was not received by a date so specified,

is sufficient evidence of the facts stated.

31Withdrawal of fixed penalty notice or expiry of period for paying

(1)A notice may be withdrawn by a British sea-fishery officer, if the officer determines that the offence to which the notice relates was not committed or that the notice ought not to have been issued to the person to whom it was issued.

(2)Where a notice has been withdrawn—

(a)no amount is payable by way of fixed penalty in pursuance of that notice,

(b)any amount paid by way of fixed penalty in pursuance of the notice must be repaid to the person.

(3)Where the period for paying has expired no amount is payable by way of fixed penalty in pursuance of that notice.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources