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The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014

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2.  In these Regulations—

“administrative sanction” means a sanction other than a criminal sanction imposed by the authorities of another member State or third country on a master in respect of a serious infringement;

“British national” means a British citizen, a person who is a British subject by virtue of Part IV of the British Nationality Act 1981(1) and who has the right of abode in the United Kingdom and is therefore exempt from United Kingdom immigration control, or a British overseas territories citizen who has acquired citizenship from a connection with Gibraltar(2);

“the Control Regulation” means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(3), as amended from time to time;

“fishing boat” means a vessel equipped for the commercial exploitation of living aquatic resources, including sea fish;

“the Implementing Regulation” means Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy(4), as amended from time to time;

“master” means a British national who is the master of a fishing boat and includes a person who carries out the functions of a master after disqualification or during a period of suspension under regulation 10;

“prosecuting authority” means—

(a)

in relation to prosecutions in England—

(i)

the Marine Management Organisation; or

(ii)

the Inshore Fisheries Conservation Authority prosecuting in relation to an alleged offence in its inshore fisheries conservation district(5);

(b)

in relation to prosecutions in Wales, the Welsh Ministers or the Counsel General; and

(c)

in relation to prosecutions in Northern Ireland, the Department of Agriculture and Rural Development in Northern Ireland;

“register of masters” means the register of masters referred to in regulation 4 of the Sea Fishing (Points for Masters of Fishing Boats) Regulations 2014(6);

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(7) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

“serious infringement” has the meaning given by—

(a)

Article 42 of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999(8), as amended from time to time; and

(b)

Article 90 of the Control Regulation;

“third country” means a country which is not a member State.

(2)

See the 1972 and 1982 UK Declarations to the Final Act of the 1972 Accession Treaty (OJ 1972 L 73, 27.3.1972, p.196 and OJ 1983 C 23, 28.1.1983, p.1) and the UK Declaration attached to the Final Act of the Intergovernmental Conference on the Treaty of Lisbon, annexed to the Final Act of the Treaty on European Union (OJ 1992 C 191, p.98), which define “British national” for EU law purposes.

(3)

OJ No L 343, 22.12.2009, p.1, as last amended by Regulation (EU) 508/2104 (OJ No L 149, 20.5.2014, p.1).

(4)

OJ No L 112, 30.04.2011, p.1, as last amended by Corrigendum to Commission Implementing Regulation (EU) No 404/2011 (OJ No L 328, 10.12.2011, p.58).

(5)

Inshore fisheries and conservation districts and authorities were set up under sections 149 and 150 of the Marine and Coastal Access Act 2009 (c.23).

(8)

OJ No L 286, 29.10.2008, p.1, as last amended by Commission Regulation (EU) No 202/2011 (OJ No L 57, 2.3.2011, p.10).

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