Search Legislation

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 5

 Help about opening options

Alternative versions:

Changes to legislation:

The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 Amendment Regulations 2001, Section 5 is up to date with all changes known to be in force on or before 27 November 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Regulation 5:

5.  In article 3 (satellite tracking of Scottish and relevant British fishing boats)–

(a)in paragraph (3), for sub-paragraph (b) there is substituted–

(b)subject to paragraphs (4) and (6) below, be maintained fully operational,;

(b)for paragraphs (4) and (5) there are substituted the following paragraphs:–

(4) Without limiting the generality of paragraph (3)(b) above, a satellite tracking device shall not be regarded as fully operational for the purposes of that paragraph during any time when it is failing to operate in accordance with paragraph (5) below.

(5) A satellite tracking device installed on a fishing boat to which this article applies shall transmit the required information, in the format prescribed by Annex II to Regulation 1489/97, to a Fisheries Monitoring Centre–

(a)where the satellite tracking device is capable of being polled–

(i)at least every two hours; or

(ii)in a case for which a longer maximum interval is specified in Annex I to Regulation 1489/97, at intervals no longer than that maximum; or

(b)where the satellite tracking device is not capable of being polled, at least hourly.

(6) Neither of the following circumstances shall be treated as giving rise to a breach of the requirement in paragraph (3)(b) above–

(a)where the device is switched off under the conditions permitted by Annex I to Regulation 1489/97 (stay in port of more than 48 hours, provided the next report is from the same position as the previous one);

(b)where the device is subject to a technical failure or non-function within the meaning of Article 6.2 of Regulation 1489/97 during a time when the fishing boat is either in port or in the course of a fishing trip authorised by that Article.

(7) Throughout any time when–

(a)a Scottish fishing boat or a relevant British fishing boat to which this article applies is not in port; and

(b)the satellite tracking device installed on the boat is failing for any reason to operate in accordance with paragraph (5) above,

the required information shall be communicated to the Fisheries Monitoring Centre of the United Kingdom by one of the means specified in 6.1 of Regulation 1489/97 Article at least every two hours.

(8) Paragraph (7) above is without prejudice to Article 6.1 of Regulation 1489/97 (requirement to communicate information to flag state and, if appropriate, coastal state monitoring centres by other means at least every 24 hours)..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources