The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003

Exception in relation to absence from ports etc.

4.  A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in a period specified in article 3(2)(b) if–

(a) the identification of the activity as an offence depends on the application of paragraph 9 of Annex XVII to the period;

(b) the boat has not been the subject of any adjustment in respect of the period under articles 3(4) and (5); and

(c) the activity would not have comprised an offence if, instead of paragraph 11(a) of the Annex being applied to the period–

(i) the period had been divided into two separate periods of one calendar month; and

(ii) the number applied to December 2003 by virtue of article 3(2)(a) had applied to each such period.