Inshore Fishing (Scotland) Act 1994 (Chapter 27)

ELIZABETH II c. 27 Inshore Fishing (Scotland) Act 1994 1994 CHAPTER 27 An Act to amend the Inshore Fishing (Scotland) Act 1984 to make provision for the control of fishing in Scottish inshore waters by vehicles or equipment. [21st July 1994] B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— 1.—(l) Section 1 of the Inshore Fishing (Scotland) Act 1984 (general power to prohibit sea fishing in specified areas) shall be amended in accordance with the provisions of this section. (2) In subsection (1) the word "sea" where it second occurs shall be omitted. (3) In subsection (2)— (a) the word "sea" where it first occurs shall be omitted; (b) after paragraph (d) there shall be inserted— "(dd) fishing from or by means of any vehicle or any vehicle of a specified description; (ddd) fishing by means of a specified description of equipment". (4) In (a) subsection (3)— for the words "or (c)" there shall be substituted the words "(c) or (ddd)"; (b) the word "sea" where it first occurs shall be omitted; (c) for the words "the sea" there shall be substituted the words "Scottish inshore waters". Further power to prohibit sea fishing in specified areas. 1984 c. 26. 2 c. 27 Inshore Fishing (Scotland) Act 1994 Offences. 2. In section 4 of that Act (offences), after subsection (1), there shall be inserted the following subsection— "(1A) Where an offence is committed by way of a contravention of any order made under this Act or of a failure to comply with section 1(3) of this Act, and where a vehicle or equipment is used in the commission of the offence, each of the following persons shall (in addition to the contravenor) be guilty of an offence— (a) any person who caused or permitted the contravention; (b) the owner of the vehicle or equipment; (c) if the vehicle or equipment was subject to hire, the hirer; and (d) any person who was in charge of the vehicle or equipment." Powers of sea- 3.—( 1) For subsections I to 4 of section 5 of that Act (powers of sea fishery officers. fishery officers) there shall be substituted the following subsections— "(1) The powers conferred by this section are exercisable by British sea-fishery officers— (a) in relation to any British fishing boat within British fishery limits, for the purpose of enforcing the provisions of section 3 of this Act and of any order under this Act; (b) in relation to any vehicle or equipment, for the purpose of enforcing the provisions of any order under this Act. (2) Any such officer may go on board any such boat or enter in or on any such vehicle or equipment, with or without persons assigned to him in his duties and for that purpose may require the boat, vehicle or equipment to be stopped and anything else to be done which will facilitate the boarding of the boat or the entering in or on of the vehicle or equipment. (3) Any such officer may require the attendance of— (a) the master and any other persons on board any boat; or (b) the person in charge of, and any other persons in or on, any vehicle or equipment, which he has boarded or entered under subsection (2) above and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing the aforesaid provisions. (4) Without prejudice to the generality of subsection (3) above, any such officer— (a) may examine— (i) any fish on the boat or in or on the vehicle or equipment; and (ii) any apparatus on the boat or vehicle, including the fishing gear, and require persons on board the boat or in charge of or in or on the vehicle or equipment to do anything which appears to him to be necessary for facilitating the examination; (b) may require any person on board the boat or in charge of or in or on the vehicle or equipment to produce any document relating to— Inshore Fishing (Scotland) Act 1994 c. 27 3 (i) the boat, vehicle or equipment; (ii) its fishing operations or other operations ancillary thereto; or (iii) the persons on board the boat or in charge of or in or on the vehicle or equipment, which is in his custody or possession, and may take copies of any such document; (c) for the purpose of ascertaining whether— (i) the master, owner or charterer of the boat; or (ii) in relation to the vehicle or equipment, any person mentioned in section 4(1 A) of this Act, has committed an offence under this Act, may search the boat, vehicle or equipment for any such document and may require any person on board the boat or in or on the vehicle or equipment to do anything which appears to him to be necessary for facilitating the search; (d) where the boat, vehicle or equipment is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board the boat or in or on the vehicle or equipment for the purpose of enabling the document to be used as evidence in proceedings for the offence, but nothing in paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port." (2) After subsection (5) of that section there shall be inserted the following subsection— "(5A) Where it appears to any such officer that an offence consisting of a contravention of an order made under this Act has been committed in relation to any vehicle or equipment, he may seize the vehicle or equipment." 4.—( 1) In section 2 of that Act (power to prohibit carriage of nets) the Consequential word "sea" shall be omitted. amendments of 1984 Act. (2) In section 9 of that Act (interpretation), in the definition of Scottish inshore waters, for the word "sea" where it first occurs there shall be substituted the word "area". 5.—(1) This Act may be cited as the Inshore Fishing (Scotland) Act Citation, 1994 and shall come into force on such day as the Secretary of State may commencement by order made by statutory instrument appoint, and extent. (2) This Act extends to Scotland only. © Crown copyright 1994 PRINTED IN THE UNITED KINGDOM BY PAUL FREEMAN Controller and Chief Executive of Her Majesty's Stationery Office and Queen's Printer of Acts of Parliament HMSO publications are available from: HMSO Publications Centre (Mail, fax and telephone orders only) P0 Box 276, London SW8 5DT Telephone orders 07 1-873 9090 General enquiries 07 1-873 0011 (queuing system in operation for both numbers) Fax orders 07 1-873 8200 HMSO Bookshops 49 High Holborn, London WCIV 6HB 071-873 0011 Fax 071-831 1326 (Counter service only) 258 Broad Street, Birmingham Bl 2HE 021-643 3740 Fax 021-643 6510 33 Wine Street, Bristol BSI 2BQ 0272 264306 Fax 0272 294515 9-21 Princess Street, Manchester M60 8AS 061-834 7201 Fax 061-833 0634 16 Arthur Street, Belfast BT1 4GD 0232 238451 Fax 0232 235401 71 Lothian Road, Edinburgh EH3 9AZ 031-228 4181 Fax 031-229 2734 ISBN 0-10-542794-2 HMSO's Accredited Agents (see Yellow Pages) And through good booksellers LONDON: HMSO 9 780105 427940