Explanatory Note
(This note is not part of the Order)
This Order amends the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) (“the principal Order”). The principal Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EC) No.
1382/87 (O.J. No. L 132, 21.5.87, p.11) establishing detailed rules for the inspection of fishing vessels, as amended, and those contained in Council Regulation (EC) No.
2847/93 establishing a control system applicable to the common fisheries policy (O.J. No. L 261, 20.10.93, p.1) (“the Council Regulation”).
The Order comes into force on November 2005.
Article 2 of the Order updates the definition of the Council Regulation and the corresponding paragraphs of the Schedule to the principal Order so that the application of certain measures to vessels equal to or greater than 10 metres are implemented. Article 2(3) amends the powers available to British sea-fishery officers so that the power to search the premises for documents and the power to require any person on the premises to do anything which appears to the British sea-fishery officer necessary for facilitating the search is not restricted to the purpose of ascertaining whether any person on the premises has committed an offence but can exercised for the purpose of ascertaining whether a relevant offence has been committed.
Article 3 of the Order amends the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005 to omit article 25(a)(iii) which inserted a definition of “the Council Regulation” into the principal Order and to omit article 25(b) which amended the Schedule to the principal Order. These provisions are now otiose due to the new definition of “the Council Regulation” inserted into the principal Order and the amendments made to the Schedule to the principal Order by article 2 of this Order.
A Regulatory Impact Assessment in relation to the Order has been prepared and placed in SPICE. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Robb’s Loan, Edinburgh, EH14 1TY.