The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009

Interpretation

3.—(1) In this Order—

“British sea-fishery officer” has the same meaning as in section 7 of the Sea Fisheries Act 1968(1);

“the Commission Regulation” means Commission Regulation (EC) No 1542/2007 on landing and weighing procedures for herring, mackerel and horse mackerel;

“the Control Regulation” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy; and

“equivalent provision” means a provision in any other Order extending to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981(2).

(2) In this Order, a reference to a document includes a reference to—

(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any data, however reproduced, communicated via a fisheries monitoring centre established under Article 3(7) of the Control Regulation;

(d) any disk, tape, sound track or other device on which sounds or other data, other than visual images, are recorded so as to be capable of being reproduced with or without the aid of some other equipment;

(e) any film, microfilm, negative, tape, disk or other device on which one or more visual images are recorded so as to be capable of being reproduced with or without the aid of some other equipment.

(3) Except in article 18 (admissibility of documents in evidence), other terms used in this Order that are also used in the Commission Regulation have the meaning they bear in the Commission Regulation.

(4) In this Order—

(a) any reference to the Commission Regulation is a reference to the Commission Regulation as amended from time to time; and

(b) any reference to the Control Regulation is a reference to the Control Regulation as amended from time to time.

(1)

1968 c. 77; section 7 is amended by article 4 of, and paragraph 48 of Schedule 2 to, S.I. 1999/1820 and by sections 26(1) and 46(2) of, and Part II of Schedule 5 to, the Fisheries Act 1981.

(2)

Section 30(2A) was inserted by S.I. 1999/1820.