5.—(1) Subject to paragraph (2) below, where there is a contravention of, or failure to comply with–
(a)any provision of article 3 or 4 above, or
(b)Article 6.1 or 6.2 of Regulation 1489/97,
the owner, the charterer (if any) and the master is guilty of an offence.
(2) It is a defence to a contravention of, or failure to comply with, article 3(3)(b), (4) or (5) and article 4(3)(b) for the owner, the charterer (if any) or the master of the boat to prove that he has complied with Article 6.1 and 6.2 of Regulation 1489/97.
(3) Any person who in any way–
(a)changes, substitutes or replicates the identification of a satellite tracking device installed on a fishing boat to which this Order applies; or
(b)removes the satellite tracking device from such a boat,
without the prior authorisation of the Scottish Ministers is guilty of an offence.
(4) Any person who, in relation to a fishing boat to which this Order applies–
(a)delays or otherwise interferes with the transmission of required information by a satellite tracking device;
(b)interferes with the ability of the satellite tracking device to be polled; or
(c)knowingly transmits or furnishes false required information,
is guilty of an offence.