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The Control of Pollution (Anglers' Lead Weights) Regulations 1986

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Statutory Instruments

1986 No. 1992

PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND PUBLIC HEALTH, NORTHERN IRELAND

The Control of Pollution (Anglers' Lead Weights) Regulations 1986

Made

21st November 1986

Laid before Parliament

1st December 1986

Coming into Operation

1st January 1987

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Northern Ireland, as respects Northern Ireland—

(1) having consulted persons appearing to them to represent persons whose activities are likely to be prohibited or restricted by these regulations;

(2) having published in the London Gazette, in the Belfast Gazette and in the Edinburgh Gazette, and in such other publications which they considered appropriate, a notice indicating the effect of these regulations, if made, and specifying—

(a)

the date on which it is proposed they should come into force;

(b)

places where a draft of them might be inspected by members of the public in office hours; and

(c)

a period of 14 days beginning with the date on which the notice was first published during which written representations might be made to the Secretaries of State;

(3) having considered the representations made to them in accordance with the notice; and

(4) considering it appropriate to make these regulations to prevent the substance to which they apply causing damage to animals,

in exercise of the powers conferred on them by sections 100 and 104(1) of the Control of Pollution Act 1974 and of all other powers enabling them in that behalf, hereby make the following regulations in the form of the draft mentioned in (2)(b) above:—

Citation and commencement

1.  These regulations may be cited as the Control of Pollution (Anglers' Lead Weights) Regulations 1986 and shall come into operation on 1st January 1987.

Interpretation

2.  In these regulations—

leadincludes any alloy or compound of lead;

lead weight” means split shot or any other thing suitable for weighting fishing lines and which is neither incorporated and fully enclosed in the core of a fishing line nor incorporated in the construction of a swim-feeder, a self-cocking float or a fishing fly; and

supplydoes not include supply for or by way of export.

Prohibition of importation of lead in form of lead weights

3.  Subject to regulation 5, the importation of lead in the form of a lead weight is prohibited.

Prohibition of supply of lead in form of lead weights

4.—(1) Subject to regulation 5, the supply of lead in the form of a lead weight for the purpose of weighting fishing lines is prohibited.

(2) A person supplying split shot shall unless the contrary is shown be presumed to supply it for the purpose of weighting fishing lines.

Exceptions

5.  Regulations 3 and 4 do not prohibit the importation or supply of a lead weight of 0.06 grams or less, or of more than 28.35 grams.

Offences

6.  A person who contravenes regulation 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000, and on conviction on indictment to a fine.

Nicholas Ridley

Secretary of State for the Environment

14th November 1986

Nicholas Edwards

Secretary of State for Wales

17th November 1986

Malcolm Rifkind

Secretary of State for Scotland

17th November 1986

Tom King

Secretary of State for Northern Ireland

21st November 1986

EXPLANATORY NOTE

These regulations apply to lead weights, which are defined by regulation 2 to mean split shot or any other thing suitable for weighting fishing lines unless incorporated in the core of a line, or in the construction of swim-feeders, self-cocking floats or fishing flies.

Regulation 3 prohibits the importation of lead (including lead in compound or alloy) in the form of lead weights. Regulation 4 prohibits the supply of lead in the form of lead weights for the purpose of weighting fishing lines, and creates a presumption that a person supplying split shot does so for the purpose of weighting fishing lines, unless the contrary is shown. These prohibitions do not apply to lead weights of 0.06 grams or less or of more than 28.35 grams.

Regulation 6 prescribes criminal penalties for contravention of regulation 4. The maximum penalty on summary conviction is a fine of £2,000 and on conviction on indictment an unlimited fine. Importation with intent to evade the prohibition contained in regulation 3 will be an offence under section 50 of the Customs and Excise Management Act 1979 (1979 c. 2).

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