The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007

Interpretation S

2.—(1) In this Order–

F1 ...

“premises” includes land;

“the Regulation” means Council Regulation (EC) No. 1185/2003 of 26 June 2003 on the removal of fins of sharks on board vessels(1) [F2 , as amended by Council Regulation (EU) No. 605/2013];

F1 ...

“relevant document” means a document relating to the catching of sharks or the landing, transportation, transhipment, sale or disposal of sharks, shark fins or remaining parts of sharks;

[F3 “relevant fishing boat” means—

(a)

a Scottish fishing boat wherever it may be; and

(b)

any other fishing boat which is within the Scottish zone;]

“relevant offence” means an offence under–

(a)

article 3 of this Order or

(b)

any equivalent provision extending to any other part of the United Kingdom made for the purposes of implementing the Regulation, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;

“Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998(2);

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(3) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

(2) Expressions used in this Order which are not defined in this Order and which appear in the Regulation have the same meaning in this Order as they have for the purposes of the Regulation.

Textual Amendments

F1 Words in art. 2(1) omitted (5.10.2015) by virtue of The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 25(2)(a) (with art. 31(2))

F2 Words in art. 2(1) inserted (28.3.2019) by The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/69), regs. 1(2)(a), 5(2)

F3 Words in art. 2(1) substituted (5.10.2015) by The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 25(2)(b) (with art. 31(2))

Commencement Information

I1 Art. 2 in force at 1.3.2007, see art. 1(1)

(1)

O.J.L. 167, 4.7.2003, p.1.

(2)

1998 c. 46. The part of the internal waters and territorial sea of the United Kingdom which is adjacent to Scotland is determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

(3)

1995 c. 21.