The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011

Made: 2nd February 2011

Laid before the Scottish Parliament: 4th February 2011

Coming into force: 7th March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections25(2)(b), 27(3), 29(2)(b) and 43(1)(b) of the Aquaculture and Fisheries (Scotland) Act 2007[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Amendment Order 2011 and comes into force on 7thMarch 2011.

Amendment of the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

2

The Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008[^f00002] is amended in accordance with articles3 to 5.

Amendment of article5 (address at which and method by which fixed penalty is payable)

3

In article5(1), for “Scottish Government, Banking Section, Financial Management Branch, Mail Point8, Area3-A South, Victoria Quay, Edinburgh EH66QQ” substitute “The Scottish Government, Treasury and Banking Branch, Victoria Quay, Edinburgh, EH66QQ”.

Amendment of article6 (person to whom and address to which intimation of non payment of fixed penalty to be sent)

4

In article6, for “Head of Prosecutions and Enforcement Policy, SFPA, Room527, Pentland House, 47Robbs’s Loan, Edinburgh, EH14 1TY” substitute “Head of Enforcement Operations, Marine Scotland– Compliance, The Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ”.

Substitution of Schedule1 (relevant offences for the purposes of section25(1) of the Aquaculture and Fisheries (Scotland) Act 2007)

5

For Schedule1 substitute the Schedule set out in the Schedule to this Order.

Revocation

6

The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures and Restriction on Days at Sea) (Scotland) Order 2008[^f00003] (so far as not previously revoked) is revoked.

SCHEDULE — Substitution of Schedule1 to the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2nd February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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 sections25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 (“the 2007 Act”).

This Order amends the principal Order so as to—

• (a) update the address at which a fixed penalty is payable in accordance with article5 of the principal Order (article3);

• (b) 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 article6 of the principal Order (article4); and

• (c) substitute Schedule1 to (as read with article2 of) the principal Order, which lists the relevant offences for which a fixed penalty notice may be issued in accordance with section25(1) of the 2007 Act (article5 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 (article6). 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.

Footnotes

[^f00001]: 2007 asp12.

[^f00002]: S.S.I.2008/101, amended by S.S.I.2008/151.

[^f00003]: S.S.I.2008/151; articles2 to 33 were revoked by S.S.I.2009/317, article21.

[^f00004]: 1967 c.83; section17(1) was amended by the Marine and Coastal Access Act 2009 (c.23), section212(2) (which extends to Scotland by virtue of section323(4)(g)(i) of that Act).

[^f00005]: 1967 c.84 (“the 1967 Act”); section4(6) was amended by the Sea Fish (Conservation) Act 1992 (c.60) (“the 1992 Act”), section1(2). Section4(7) was amended by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section20(2) and the 1992 Act, section1(4). Sections4(7A) and 4A were inserted by the 1981 Act, sections20(3) and 21(1) respectively. Section4A(7) was amended by the 1992 Act, section3(2). Sections4(6) and (7) and 4A(6) and (7) are modified in relation to Scotland by section22A(3) of the 1967 Act (as inserted by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (“S.I.1999/1820”), Schedule2, paragraph43(13)).

[^f00006]: 1976 c.86 (“the 1976 Act”); section2(2) to (4) (contravention of which is an offence under section2(5)) was amended by S.I.1999/1820, Schedule2, paragraph57(2)(a) and is modified in relation to Scotland by section2(9)(a) and (b) of the 1976 Act (as inserted by S.I.1999/1820, Schedule2, paragraph57(2)(b)).

[^f00007]: 1981 c.29; section30(1) was amended by the Aquaculture and Fisheries (Scotland) Act 2007, asp12, section33.

[^f00008]: 1984 c.26; section4(1A) was inserted by the Inshore Fishing (Scotland) Act 1994 (c.27), section2.

[^f00010]: S.I.1970/318 was made under section6(4) of the Sea Fisheries Act 1968 (c.77). Section6(4) was repealed by the 1976 Act, Schedule4, subject to transitional provisions in the 1976 Act, Schedule3, paragraph7. Section2(5) of the 1976 Act applies by virtue of those transitional provisions.

[^f00011]: S.I.1972/1966, amended by S.I.1975/639 and 1983/58. Article3 was amended by S.I.1983/58, article2.

[^f00012]: Section6(5) of the 1967 Act was amended by the 1981 Act, section23(3).

[^f00013]: S.I.1973/207; article3 was amended by S.I.1975/844, article3 and S.I.1983/60, article2.

[^f00014]: Section5(1) of the 1967 Act was substituted by the 1981 Act, section22(1). Section5(6) (contravention of which is an offence by virtue of section5(7)) was amended by the 1981 Act, section22(2).

[^f00015]: S.I.1974/1555, amended by S.I.1983/159.

[^f00016]: Section14(2) of the Sea Fisheries (Shellfish) Act 1967 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), sections289E and 289G(4) and the Criminal Justice and Public Order Act 1994 (c.33), Schedule8, Part1.

[^f00020]: S.I.1982/80; article3 was substituted by S.I.1983/1139, article2.

[^f00021]: S.I.1984/291; article3 was amended by the Criminal Procedure (Scotland) Act 1975, section289 GD.

[^f00022]: S.I.1984/1523; article2 and the Schedule (referred to in article2) were substituted by S.I.1986/988, article3 and the Schedule respectively.

[^f00025]: Section 1 of the 1967 Act was substituted by the 1981 Act, section 19(1). Section1(1), (2) and (3) (contravention of which is an offence by virtue of section1(7) and (8) of the 1967 Act respectively) and section1(8) of the 1967 Act was amended by S.I.1999/1820, Schedule2, paragraph43(2) and (3)(a) and (b) and is modified in relation to Scotland by section22A(2) of the 1967 Act (as inserted by S.I.1999/1820, Schedule2, paragraph43(13)).

[^f00027]: S.I.1989/1284; article 2 was amended by S.I.1999/74, article 2(2).

[^f00031]: S.I.1992/2633, amended by S.I.1993/188, 1993/2291 and 1999/1820. Article3(1) was amended by S.I.1999/1820, Schedule2, paragraph150(3).

[^f00035]: 1985 c.48.

[^f00037]: S.S.I.2000/53, amended by S.S.I.2002/81.

[^f00040]: S.S.I.2000/227, amended by S.S.I.2001/250, 2003/167, 2009/165 and 2010/231. Article4 was amended by S.S.I.2001/250, article4. Article4A was inserted by S.S.I.2009/165, article2(4). Article5 was amended by S.S.I.2009/165, article2(5). Article5A was inserted by S.S.I.2001/250, article6.

[^f00042]: S.S.I.2000/405; article3 was substituted by S.S.I.2007/13, article2(2).

[^f00043]: S.I.2000/1843, amended by S.I.2005/617.

[^f00046]: Section 7(4) of the Sea Fisheries (Shellfish) Act 1967 was amended by the Sea Fisheries (Shellfish) Amendment (Scotland) Act 2000, asp 12, section 1.

[^f00047]: S.S.I.2004/261; article3 was amended by S.S.I.2008/10, article2.

[^f00051]: S.S.I.2005/286; regulations4 and 8 (and 12(2)(a)) were amended by S.S.I.2005/438, regulation2.

[^f00057]: S.S.I.2007/39; articles2(1) and 3 and Schedule1 (referred to in article3) were amended by S.S.I.2009/413, article2.

[^f00060]: S.S.I.2008/102; article7 was substituted (and the Schedule was amended) by S.S.I.2008/156, article2.

[^f00064]: S.S.I.2010/100, amended by S.S.I.2011/59.

[^f00065]: S.S.I.2010/238, amended by S.S.I.2011/59.

[^f00066]: S.S.I.2010/334, amended by S.S.I.2011/59.

[^f00067]: S.I.1984/291; article3 was amended by the Criminal Procedure (Scotland) Act 1975, section289 GD.

[^f00069]: S.I.2000/51, amended by S.I.2003/229, 2003/1535, 2004/38, 2004/398, 2005/393, 2005/617, 2005/2624 and 2009/1847. Article3 was amended by S.I.2004/398, article23(b), S.I.2005/393, article32(b) and S.I.2009/1847, article2(4).

[^f00070]: S.I.2000/976, amended by S.I.2005/617 and 2010/630.

[^f00071]: S.I.2000/1075, amended by S.I.2003/559 and 2005/617.

[^f00072]: S.I.2000/1843, amended by S.I.2005/617.

[^f00073]: S.I.2000/2230 (W.148), amended by S.I.2005/617 and 2010/630.

[^f00074]: S.I.2004/3226, amended by S.I.2005/617.

[^f00075]: S.I.2005/17, amended by S.I.2005/617.

[^f00077]: S.I.2006/2798 (W.237).