Search Legislation

Inshore Fishing (Scotland) Act 1994

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Inshore Fishing (Scotland) Act 1994

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Inshore Fishing (Scotland) Act 1994. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Legislation Crest

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]

Be 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:—

Commencement Information

I1Act wholly in force at 8.8.1994; Act not in force at Royal Assent see s. 5(1); Act in force at 8.8.1994 by S.I. 1994/2124, art. 2

1 Further power to prohibit sea fishing in specified areas.S

(1)Section 1 of the M1Inshore 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 subsection (3)—

(a)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 ”.

Marginal Citations

2 Offences.S

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.

3 Powers of sea-fishery officers.S

(1)For subsections 1 to 4 of section 5 of that Act (powers of sea 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—

(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(1A) 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 Consequential amendments of 1984 Act.S

(1)In section 2 of that Act (power to prohibit carriage of nets) the word “sea” shall be omitted.

(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 Citation, commencement and extent.S

(1)This Act may be cited as the Inshore Fishing (Scotland) Act 1994 and shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2)This Act extends to Scotland only.

Subordinate Legislation Made

P1S. 5(1) power fully exercised (3.8.1994): 8.8.1994 appointed day by S.I. 1994/2124, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources