Article 2 Interpretation

In this Order—

• “British sea-fishery officer” has the same meaning as in section 7 of the Sea Fisheries Act 1968 M1;

• F1...

• “Control Regulation” means Council Regulation (EC) No. 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No. 847/96, (EC) No. 2371/2002, (EC) No. 811/2004, (EC) No. 768/2005, (EC) No. 2115/2005, (EC) No. 2166/2005, (EC) No. 388/2006, (EC) No. 509/2007, (EC) No. 676/2007, (EC) No. 1098/2007, (EC) No. 1300/2008, (EC) No. 1342/2008 and repealing Regulations (EEC) No. 2847/93, (EC) No. 1627/94 and (EC) No. 1966/2006 M2, as amended from time to time;

• “equivalent provision” means any provision in any other Order made under section 30(2) of the Fisheries Act 1981 for the purpose of implementing any F2recording and reporting requirement or F3third country recording and reporting requirement—

  1. (a)

     which extends to any part of the United Kingdom and has equivalent effect to a provision in this Order; and

  2. (b)

     proceedings in respect of which may be commenced in any place in the United Kingdom by virtue of section 30(2A) of the Fisheries Act 1981;

• F4...

• F5...

• F6...

• “fishery product” includes fish;

• “logbook” has the same meaning as in F7F8Articles 14 and 15 of the Control Regulation (as read with Regulation 404/2011) and for the purposes of this Order, any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing any—

  1. (a)

     map, plan, graph or drawing;

  2. (b)

     photograph;

  3. (c)

     data, however reproduced, communicated via a satellite-based vessel monitoring system established under Article 9 of the Control Regulation;

  4. (d)

     data, however reproduced, communicated to a fisheries monitoring centre established under Article 9(7) of the Control Regulation;

  5. (e)

     disk, tape, sound track or other device on which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced; and

  6. (f)

     film (including microfilm), negative, tape, disk or other device on which one or more visual images are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced;

• F9“recording and reporting requirement” means a provision of the Control Regulation or Regulation 404/2011 specified in column 1 of schedule 1, as read with any qualifying words relating to the provision in that column and any detailed rules specified in the corresponding entry in column 2 of schedule 1,

• F10...

• F11...

• F12...

• F13...

• F14...

• F15“Regulation 404/2011” means Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy F16, as last amended by Commission Implementing Regulation (EU) 2015/1962;

• F17...

• “relevant offence” means an offence under article F18... 5 or 6 of this Order, or under any equivalent provision;

• “Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998 M3;

• “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 M4 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;

• F19“third country” means any country other than F20the United Kingdom;

• F21“third country fishing boat” means a fishing vessel as defined in Article 4 of the Control Regulation, which flies the flag of, or is registered in, a third country.

• F22“third country recording and reporting requirement” means—

  1. (i)

     a provision of the Control Regulation or Regulation 404/2011 specified in entries 1(aa) to (e) or 2(a) to (e) of column 1 of schedule 1, as read with any qualifying words relating to the provisions in that column and any detailed rules specified in the corresponding entry in column 2 of schedule 1. F23...

  2. (ii)

     ...

In this Order, any reference to a numbered—

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Any information provided to any authority for the purpose of any provision of this Order is to be treated as also provided for the purpose of any equivalent provision.

Any expression used, and not defined, in this Order that is used in the Control Regulation or Regulation 404/2011, or that is used in both of those Regulations, has the meaning it has in the Regulation or Regulations in which it is used.