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Article 9A Penalties for offencesF1

Original text. Later amendments are not shown.

(1.)

A person who commits an offence under Article 3(6) or 6(4) of this Regulation is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)

on conviction on indictment, to a fine.

(2.)

The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

(3.)

Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

Annotations

Textual amendments

F1

Arts. 9A-9C inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(10)

Notes on Chapter IV

Textual amendments

F1

Words in Ch. 4 heading omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(7)(a)

F2

Words in Ch. 4 heading inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(7)(b)