Article 15 Admissibility in evidence of logbooks and other documents

Scotland

(1)

Any—

(a)

logbook kept under F1Article 14 or sent under Article 15 of the Control Regulation;

(b)

declaration submitted under F2Article 23(3) or sent under Article 24 of the Control Regulation;

(c)

declaration submitted under F3Article 21(4) or sent under Article 22 of the Control Regulation;

F4(d)

sales note submitted under Article 62, or sent under Article 63, of the Control Regulation;

(e)

declaration submitted under Article 66, or sent under Article 67, of the Control Regulation;

(f)

document drawn up under Article 68 of the Control Regulation; or

(g)

document containing required information received by a fisheries monitoring centre established under Article 9(7) of the Control Regulation,

is, in any proceedings for a relevant offence, to be received in evidence without being produced or sworn to by any witness and is, unless the contrary is shown, conclusive evidence as to the matters stated therein.

(2)

For the purpose of paragraph (1)(g), “required information” means data relating to—

(a)

a fishing boat's identification;

(b)

a fishing boat's course and speed;

(c)

the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and

(d)

the date and time of the fixing of that position,

as communicated via a satellite-based vessel monitoring system established under Article 9 of the Control Regulation.

Annotations

Textual amendments

F1: Words in art. 15(1)(a) substituted (5.10.2015) by The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 28(10)(a)
F2: Words in art. 15(1)(b) substituted (5.10.2015) by The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 28(10)(b)
F3: Words in art. 15(1)(c) substituted (5.10.2015) by The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 28(10)(c)
F4: Art. 15(1)(d)-(f) substituted (7.3.2011) by The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011 (S.S.I. 2011/59), arts. 1, 6