- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) Subject to paragraph (2) below, where there is a contravention of, or failure to comply with–
(a)any provision of article 3 or 4 above, or
(b)Article 6.1 or 6.2 of Regulation 1489/97,
the owner, the charterer (if any) and the master is guilty of an offence.
(2) It is a defence to a contravention of, or failure to comply with, article 3(3)(b), (4) or (5) and article 4(3)(b) for the owner, the charterer (if any) or the master of the boat to prove that he has complied with Article 6.1 and 6.2 of Regulation 1489/97.
(3) Any person who in any way–
(a)changes, substitutes or replicates the identification of a satellite tracking device installed on a fishing boat to which this Order applies; or
(b)removes the satellite tracking device from such a boat,
without the prior authorisation of the Scottish Ministers is guilty of an offence.
(4) Any person who, in relation to a fishing boat to which this Order applies–
(a)delays or otherwise interferes with the transmission of required information by a satellite tracking device;
(b)interferes with the ability of the satellite tracking device to be polled; or
(c)knowingly transmits or furnishes false required information,
is guilty of an offence.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: