The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011
Citation and commencement1.
This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011 and comes into force on 7th March 2011.
Amendment of the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 20082.
Amendment of article 5 (address at which and method by which fixed penalty is payable)3.
In article 5(1), for “Scottish Government, Banking Section, Financial Management Branch, Mail Point 8, Area 3-A South, Victoria Quay, Edinburgh EH6 6QQ” substitute “The Scottish Government, Treasury and Banking Branch, Victoria Quay, Edinburgh, EH6 6QQ”.
Amendment of article 6 (person to whom and address to which intimation of non payment of fixed penalty to be sent)4.
In article 6, for “Head of Prosecutions and Enforcement Policy, SFPA, Room 527, Pentland House, 47 Robbs’s Loan, Edinburgh, EH14 1TY” substitute “Head of Enforcement Operations, Marine Scotland – Compliance, The Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ”.
Substitution of Schedule 1 (relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007)5.
For Schedule 1 substitute the Schedule set out in the Schedule to this Order.
Revocation6.
St Andrew’s House,
Edinburgh
SCHEDULESubstitution of Schedule 1 to the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008
“SCHEDULE 1Relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007
PART 1Enactments under or by virtue of which relevant offences are created
Enactment
Offence provision
Section 17(1)
Sections 4(6), (7) and (7A) and 4A(6), (7) and (8)
Section 2(5)
Section 30(1)(a)
Section 4(1) and (1A)
Article 5, as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Article 6, as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Article 5, as read with section 14(2) of the Sea Fisheries (Shellfish) Act 1967
Article 3, as read with section 4A(3) of the Sea Fish (Conservation) Act 1967
Article 3
Article 2, as read with section 5(1), (6) and (7) of the Sea Fish (Conservation) Act 1967
Article 3, as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 2, as read with section 4(3) of the Sea Fish (Conservation) Act 1967
Article 2, as read with sections 3(5) and 5(1) of the Sea Fish (Conservation) Act 1967
Article 3, as read with section 1(1) and (7) of the Sea Fish (Conservation) Act 1967
Article 3(1), as read with section 4(3) of the Sea Fish (Conservation) Act 1967
Article 3, as read with section 6(5) of the Sea Fish (Conservation) Act 1967
Article 3(1), as read with section 4(3) of the Sea Fish (Conservation) Act 1967
Article 3
Articles 2 and 3(1), as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 3, as read with section 5(1), (6) and (7) of the Sea Fish (Conservation) Act 1967, and article 4, as read with section 6(5) of that Act
Article 3(1) and (2)
Articles 3(1) and 4(1), as read with section 1(1), (2) and (7) of the Sea Fish (Conservation) Act 1967, and article 5, as read with section 1(3) and (8) of that Act
Article 3(1), as read with section 1(1) and (7) of the Sea Fish (Conservation) Act 1967
Articles 4, 4A, 5 and 5A, as read with section 3(5) of the Sea Fish (Conservation) Act 1967
Article 3(1), as read with section 1(1) and (7) of the Sea Fish (Conservation) Act 1967
Article 3(1), as read with section 5(1), (6) and (7) of the Sea Fish (Conservation) Act 1967
Article 13
Articles 3, 4 and 5, as read with section 5(1), (6) and (7) of the Sea Fish (Conservation) Act 1967
Article 3, as read with section 3(5) of the Sea Fish (Conservation) Act 1967
Articles 3, 5, 6, 7, 9(1) and 10(1), as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 9
Regulation 3(1) and (2)
Regulations 3(7) and (8), 4(1), 5(6) and (7), 6(6) and (7), 7(7) and (8), 8, 9(6) and (7), 10 and 11(1)
Article 3, as read with section 7(4) of the Sea Fisheries (Shellfish) Act 1967
Articles 3(2) and 4(1)
Article 14
Article 2, as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Articles 3, 4, 5, 6(2) and (3), 7(1) and (3) and 8
Article 3
Articles 3, 4 and 5, as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 3(1), as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Articles 3(5), (6) and (7), 4(4), 6(4) and 7(2)
Article 2(1), as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 2(1), as read with section 4(1) and (1A) of the Inshore Fishing (Scotland) Act 1984
Article 3(1), as read with section 5(1), (6) and (7) of the Sea Fish (Conservation) Act 1967
Article 3(1)
Articles 4(1) and 5(1), (2) and (4)
Articles 4(4) and (5), 5(1) and (2) and 6(1) and (5)
PART 2Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981
Enactment
Offence Provision
Article 3
Article 3
Article 3(1) and (2)
Article 3
Article 3(1) and (2)
Article 4
Article 3(1) and (2)
Articles 5, 6, 7, 8(1), (2) and (4), 9(1) and (2), 11, 12, 13 and 14(1) and (2)
Article 4
Article 4
Articles 5, 6, 7, 8(1), (2) and (4), 9(1) and (2), 11, 12, 13 and 14(1) and (2)
Articles 4, 5, 6(1), (2) and (3), 7, 8(1) and (2), 9 and 10(1)”
This Order amends the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 (“the principal Order”).
The principal Order provides for the offer and payment of a fixed penalty (as an alternative to prosecution) in relation to certain sea fisheries offences for the purposes of sections 25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 (“the 2007 Act”).
This Order amends the principal Order so as to—
update the address at which a fixed penalty is payable in accordance with article 5 of the principal Order (article 3);
update the details of the person to whom, and the address to which, intimation of non payment of a fixed penalty is to be sent in accordance with article 6 of the principal Order (article 4); and
substitute Schedule 1 to (as read with article 2 of) the principal Order, which lists the relevant offences for which a fixed penalty notice may be issued in accordance with section 25(1) of the 2007 Act (article 5 and the Schedule). The replacement Schedule 1 updates that list of relevant offences by: re-specifying some of the offence provisions cited as relevant offences; omitting those that are no longer in force, and specifying additional relevant offences for the purpose of section 25(1) of the 2007 Act.
This Order revokes the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008 (“the 2008 Order”) to the extent that it has not already been revoked by the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2009 (article 6). Article 34 of the 2008 Order amended Schedule 1 to the principal Order. The amendments in this Order supersede those amendments.
No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.