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Statutory Instrument 2005 No. 1605The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 1605SEA FISHERIES, ENGLANDThe Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community[1], and in exercise of the powers conferred upon her by section 2(2) of the European Communities Act 1972[2], makes the following Regulations: Citation, commencement and extent 1.—(1) These Regulations may be cited as the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005. (2) These Regulations shall come into force on 7th July 2005, except for regulations 4, 5, 8 and 9 which shall come into force on 1st September 2005. (3) These Regulations shall not form part of the law of Scotland, Wales or Northern Ireland. (4) Proceedings for an offence under these Regulations may be taken, and for all incidental purposes the offence may be treated as having been committed, in any place in the United Kingdom. Interpretation 2.—(1) In these Regulations—
(2) In these Regulations, any reference to a fish seller shall include—
(b) an auction trader. (3) Expressions used in these Regulations, which are not defined in paragraphs (1) or (2) above and which appear in the CFP Regulation or Article 9 of Council Regulation (EC) 2847/93, have the same meaning in these Regulations as they have for the purposes of the CFP Regulation or Article 9 of Council Regulation (EC) 2847/93.
(b) complied with any requirement of Article 9, Article 22 of the CFP Regulation or these Regulations. (9) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.
(b) is not a registered fish seller, is guilty of an offence.
(b) quantities of each species sold; (c) price paid for each species sold; (d) name and PLN of the vessel which landed the fish; (e) name, address and, where available, registration number of the buyer; (f) reference number of the contract of sale or invoice. (3) A registered fish seller shall keep the records of each sale as required by this regulation until the end of the second calendar year following that sale.
(ii) submit his records annually from the date of registration; and (b) submit his records within 28 days of a demand by the authorities. (6) A registered fish seller who does not operate his business from or is not established in the United Kingdom shall keep the records of each sale as required by this regulation until the end of the second calendar year following that sale.
(b) the methods of operation and facilities at the site do not comply with the requirements of Article 9, Article 22 of the CFP Regulation or these Regulations. (8) Any person who knowingly or recklessly makes a false statement for the purposes of this regulation is guilty of an offence.
Registration of fish buyers
(b) conducted his business in a manner that complies with the requirements of Article 9, Article 22 of the CFP Regulation or these Regulations. (8) Any person who knowingly or recklessly makes a false statement for the purposes of an application under this regulation is guilty of an offence.
(b) on the day he buys the fish buys a total of more than 25 kilogrammes of fish, is guilty of an offence.
(b) he can show that all of the fish that he buys is for private consumption. Maintenance of records by registered fish buyer
(b) quantity of each species purchased; (c) price paid for each species purchased; (d) name and PLN of the vessel which landed the fish; (e) name, address, and where available, the registration number of the seller; (f) reference number of the invoice or contract of sale. (3) A registered fish buyer shall keep the records of each purchase, as required by this regulation, and at the place notified to the authorities until the end of the second calendar year following that purchase.
(b) submit his records annually from the date of registration; and (c) submit his records within 28 days of a demand by the authorities. (5) A registered fish buyer who does not operate his business from the UK shall keep the records of each purchase as required by this regulation until the end of the second calendar year following that purchase.
(b) it was reasonable for him not to suspect, that the fish had not been landed by a licensed fishing vessel.
(b) on conviction on indictment, to a fine. (2) In addition to the penalties in paragraph (1), a court may also—
(b) in relation to an offence under regulation 6(8) or 6(9), order that the designation of the site be revoked or order that the person convicted be disqualified from applying to have a site designated under regulation 6 or be disqualified from applying to have a site designated under that regulation for a specified period; and (c) in relation to an offence under regulations 7(8), 7(9) or 9(6), order that the registration of the person convicted is revoked and that he be disqualified from applying for registration under regulation 7 or be disqualified from applying for registration under that regulation for a specified period. Powers of British sea-fishery officers in relation to fishing boats
(b) any other fishing boat which is within relevant British fishery limits. (2) He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
(b) may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession; (c) for the purpose of ascertaining whether an offence under these Regulations or any equivalent provisions has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; (d) may inspect and take copies of any such document produced to him or found on board; (e) without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and (f) where the boat is one in relation to which he has reason to suspect that an offence under these Regulations or any equivalent provisions has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; but nothing in sub-paragraph (f) 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.
(b) detain or require the master to detain the boat in the port; and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
(b) take with him such other persons as appear to him to be necessary and any equipment or materials; (c) examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination; (d) carry out at such premises such other inspections or tests as may reasonably be necessary; (e) require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under these Regulations or any equivalent provisions has at any time been committed; (f) require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish or to the entry to, or exit from, any port or harbour by any fishing vessel; (g) for the purpose of ascertaining whether any person on the premises has committed an offence under these Regulations or any equivalent provisions, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search; (h) inspect and take copies of any such document produced to him or found on the premises; (i) require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and (j) if he has a reason to suspect that an offence under these Regulations or any equivalent provisions has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence. (2) The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle or container which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
(b) either—
(ii) that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return; the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary. Powers of British sea-fishery officers to seize fish
(b) to any British fishing boat wherever it may be; and (c) to any other fishing boat which is within relevant British fishery limits. (2) Where this regulation applies, any British sea-fishery officer may seize any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under these Regulations or under any equivalent provision, has been committed.
(b) without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or (c) assaults an officer who is exercising any of the powers conferred on him by regulations 13, 14 and 15 of these Regulations or intentionally obstructs any such officer in the exercise of any of those powers, is guilty of an offence.
(b) on conviction on indictment to a fine. Offences by bodies corporate 1.The Secretary of State shall be informed of any changes to the information contained in the application for registration within 28 days of the change occurring. 2.Sales notes shall be submitted in accordance with the provisions of Article 9 of Council Regulation (EEC) 2847/1993. 1.Auctions shall be conducted only at the times notified to the Secretary of State, subject to any variation notified to and approved by a local British sea fisheries officer. 2.The Secretary of State shall be informed of any changes to the information contained in the application for designation within 28 days of the change occurring. 1.The Secretary of State shall be informed of any changes to the information contained in the application for registration within 28 days of the change occurring. 2.Sales notes shall be submitted in accordance with Article 22(2) of Council Regulation (EC) 2371/2002. (This note is not part of the Regulations) These Regulations make provision for the administration and enforcement of Article 22 of Council Regulation (EC) No 2371/2002, "the CFP Regulation", (O.J. No. L 358, 31.12.02, p.59) and Article 9 of Council Regulation (EEC) No 2847/93 (O.J. NO. L 261, 20.10.93, p.1.) which impose requirements relating to the first marketing and purchasing of fish (first sale fish. The Regulations come into force on 7th July 2005 except for regulations 4,5,8 and 9 which come into force on 1st September. The Regulations do not form part of the law of Scotland, Wales or Northern Ireland, for which separate administration and enforcement provisions are respectively being made. The Regulations make provision for the registration by the Secretary of State of sellers of first sale fish (regulation 3), designation of fish auction sites (regulation 6) and registration of buyers of first sale fish (regulation 7). Regulation 5 requires registered fish sellers to maintain records of their sales of first sale fish and regulation 9 requires buyers of first sale fish to maintain records of their purchases of first sale fish. And the Regulations provide offences for the purposes of the enforcement of these registrations and designations (regulations 3(9), 3(10), 5(7), 6(8), 6(9), 7(8), 7(9) and 9(6). The Regulations provide offences in relation to the sale and purchase of first sale fish. Regulation 4 provides an offence to sell first sale fish at a designated auction site unless registered as a fish seller. By regulation 8 it is an offence to buy first sale fish contrary to Article 22(2)(b) of the CFP Regulation (requirement that buyers of first sale fish are registered) as read with the final sub-paragraph of that article 22(2), which provides an exception for fish bought for private consumption. By regulation 10 it is an offence to sell first sale fish landed otherwise than by a licensed fishing vessel. And by regulation 11 it is an offence to buy first sale fish unless the fish has been landed by a licensed fishing vessel. Penalties for these offences are provided by regulation 12: on summary conviction, a fine not exceeding the statutory maximum and on conviction on indictment a fine. Where a person is convicted of an offence under regulations 3(9), 3(10), 5(7) 6(8), 6(9), 7(8), 7(9) or 9(6) a court may also revoke the registration or designation concerned and may order that the person convicted is disqualified from applying for registration or designation for a specified period. The Regulations confer powers of enforcement on British sea fishery officers for the purposes of enforcing these Regulations. These powers may be exercised in relation to premises in England, to any fishing boat within relevant British fishery limits and in relation to a relevant British fishing boat wherever it may be (regulations 13 to 15). Regulation 16 makes provision for protection of British sea fishery officers and regulation 17 provides offences and penalties for their obstruction. Regulation 18 makes provision in respect of offences by bodies corporate. Notes: [1]S.I. 1972/1811.back [2]1972 c.68.back [3]OJ No. L261, 20.10.1993, p. 1.back [4]OJ No. L358, 31.12.1998, p. 5.back [5]1995 c.21.back [6]OJ No. L358, 31.12.2002, p. 59.back [7]1967 c.84.back [8]S.I. 1993/3138; the relevant amending instrument is 1999/3206.back ISBN0 11 072965 X -- Back --
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