Marine and Coastal Access Act 2009

30 Continuation of certain existing prosecutions

(1) Any prosecution commenced by the Secretary of State before the appropriate commencement date—

(a) for an offence in relation to any of the functions transferred to the MMO by or under Chapter 2 of this Part, or

(b) for an offence under the fisheries legislation (see subsections (2) and (3)),

may be continued on or after that day by the MMO.

(2) In this section “the fisheries legislation” means—

(a) any enactments relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout (but see subsection (3));

(b) any enforceable EU restrictions and enforceable EU obligations relating to sea fishing.

(3) “The fisheries legislation” does not include—

(a) the Salmon and Freshwater Fisheries Act 1975 (c. 51);

(b) the Salmon Act 1986 (c. 62);

(c) byelaws made by the Environment Agency under Schedule 25 to the Water Resources Act 1991 (c. 57);

(d) the Scotland Act 1998 (Border Rivers) Order 1999 (S.I. 1999/1746);

(e) byelaws made by an inshore fisheries and conservation authority under section 155.

(4) In this section—

• “the appropriate commencement date” means—

  (a)

  in relation to an offence falling within paragraph (a) of subsection (1), the date on which the function to which the offence relates is transferred to the MMO;

  (b)

  in relation to an offence falling within paragraph (b) of that subsection, the date on which section 1 comes into force;

• “enforceable EU obligation” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;

• “enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.