Fisheries Act 1981

30 Enforcement of Community rules. U.K.

(1) The following provisions apply in relation to enforceable Community restrictions relating to sea fishing except where, or to the extent that, other provision is made by an order under subsection (2) below—

(a) if any fishing boat fishes within British fishery limits in contravention of any such restriction, the master, the owner and the charterer (if any) are each guilty of an offence;

(b) sections 11, 12, 14 and 15(2) of the Sea Fish (Conservation) Act 1967 (penalties, jurisdiction and powers of seizure) apply to such offences as they apply to offences under section 5(1) of that Act; and

(c) section 8 of the M1 Sea Fisheries Act 1968 (general powers of British sea fishery officers) has effect in relation to such restrictions as it has effect in relation to the provisions mentioned in subsection (1) of that section.

(2) The Ministers may by order make such provision as appears to them to be requisite for the enforcement of any enforceable Community restriction or other obligation relating to sea fishing; and any such order may in particular contain provisions which (with any necessary modifications) apply or correspond to any relevant provisions of the said Act of 1967 or the said Act of 1968.

[F1 (2A) Proceedings for an offence under any order made under subsection (2) above may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.]

(3) In this section—

• ”enforceable Community restriction” and ”enforceable Community obligation” mean a restriction or obligation to which section 2(1) of the M2 European Communities Act 1972 applies;

• ”fishing boat” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;

• ”master” includes, in relation to any fishing boat, the person for the time being in command or charge of the boat;

• ”the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland.

(4) Any order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F2 (5) This section has effect in relation to Scotland with the following modifications (and any other necessary modifications)–

(a) in subsection (3), in the definition of ”the Ministers”, from ”Minister” to the end there is substituted ”Scottish Ministers”; and

(b) in subsection (5) for ”either House of” there is substituted ”the Scottish”.]

Textual Amendments

F1 S. 30(2A) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(5)(a); S.I. 1998/3178, art. 3

F2 S. 30(5) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 68(5)(b); S.I. 1998/3178, art. 3

Modifications etc. (not altering text)

C1 S. 30(2) certain functions made exercisable (28.3.2002) in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred by S.I. 2002/790, art. 3(2), Sch. 2 para. 3(1)

C2 S. 30(4) excluded (28.3.2002) by S.I. 2002/790, art. 3(2), Sch. 2 para. 3(3)

Marginal Citations

M1 1968 c. 77.

M2 1972 c. 63.