Refusal of importation7
1
For the purposes of exercising functions in relation to Article 18(3) of the Council Regulation, an authorised officer may exercise the powers in sections 268 and 270 to 278 of, and Schedule 18 to, the Marine and Coastal Access Act 2009, save that any reference in those provisions—
a
to an ‘enforcement officer’ is to be read as an ‘authorised officer’; and
b
to ‘fish’ is to be read as ‘fish or fishery products’.
2
The competent authority must refuse importation or permission to use transhipment facilities where a declaration has not been submitted in accordance with Article 8 of the Council Regulation and Article 3 of the Commission Regulation.
3
Where the competent authority has refused importation pursuant to Article 18(1) or (2) of the Council Regulation or paragraph (2) above, the importer may appeal to a magistrates’ court within 28 days of the refusal.
4
The procedure in a magistrates’ court under this Order is by way of complaint, and the Magistrates’ Courts Act 198018 applies to the proceedings.