Title, commencement and application

1. —(1) This Order may be cited as the Sea Fishing (Penalty Notices) (England) Order 2011 and comes into force on 6th April 2011.

(2) This Order applies—

(a) in relation to England;

(b) in relation to English or Welsh fishing boats wherever they may be except where they are in Wales or the Welsh zone; and

(c) in relation to other fishing boats within British fishery limits except where they are in—

(i) the Northern Ireland zone;

(ii) the Scottish zone;

(iii) Wales or the Welsh zone; or

(iv) the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.

Interpretation

2. —(1) In this Order—

“authorised officer” means—

“penalty” means the amount specified in a penalty notice;

“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with this Order, to discharge any liability to be convicted of the penalty offence to which the notice relates;

“penalty offence” means an offence (other than one involving assault, obstruction or failure to comply with a requirement imposed by a person) listed in the Schedule.

(2) The expressions “Northern Ireland zone”, “Scottish zone” and “Welsh zone” have the meaning they bear in section 322(1) of the Marine and Coastal Access Act 2009.

Issue of penalty notice

3. —(1) Where an authorised officer has reason to believe that a person has committed a penalty offence, the authorised officer may issue that person with a penalty notice for an amount not exceeding £10,000.

(2) In determining the penalty, an authorised officer must have regard to any guidance given by the MMO on matters to be taken into account when making such a determination.

(3) A penalty notice is issued at the time when it is sent by post or delivered by hand to the person to whom it relates.

Content of penalty notice

4. A penalty notice issued under article 3 must—

(a) give particulars of the penalty offence;

(b) state the amount of the penalty;

(c) state the period during which, by virtue of article 5, proceedings will not be taken for the offence;

(d) state the person to whom, and the address at which, the penalty may be paid; and

(e) state that payment must not be in cash.

Restriction on proceedings for penalty offence

5. —(1) Where a person is issued with a penalty notice—

(a) no proceedings may be brought against that person for the penalty offence to which that notice relates before the end of the period of 28 days beginning with the date on which the notice was issued; and

(b) that person may not be convicted of the offence if the penalty is paid before the end of that period.

(2) Paragraph (1)—

(a) is subject to article 10; and

(b) does not apply if the penalty notice is withdrawn in accordance with article 9.

Payment of penalty

6. —(1) Payment of a penalty must be made to the person specified in the penalty notice by sending it by post or by such method as may be specified in the notice.

(2) It may not be made in cash.

Payment of one penalty treated as payment of connected penalties

7. —(1) Where a person (“A”) pays the penalty in accordance with article 6, an authorised officer must give a notice (a “notice of deemed payment”) to all other persons who have been issued with a connected penalty notice.

(2) A penalty notice is a “connected penalty notice” if the penalty offence to which that notice relates is the same as, and arises out of the same set of circumstances as, the penalty offence to which the penalty notice issued to, and paid by, A relates.

(3) A notice of deemed payment must—

(a) be sent by post or delivered by hand;

(b) indicate that A has paid the penalty for A’s connected penalty notice;

(c) indicate that the penalty notice issued to the recipient of the notice of deemed payment will be treated as having been paid unless that person gives written notice indicating that it should not be so treated (a “notice of objection”); and

(d) state the name and address of the person to whom any notice of objection must be given.

(4) A notice of objection must be sent by post or delivered by hand to the person stated in paragraph (3)(d) within—

(a) 28 days beginning with the date on which the penalty notice was issued; or

(b) if later, 5 days beginning with the date on which the notice of deemed payment was given.

(5) If no notice of objection is given in accordance with this article, the penalty notice issued to a person who has been given a notice of deemed payment is to be treated as having been paid.

Certificate of payment or non-payment of penalty notice

8. In any proceedings a certificate purporting to be signed by or on behalf of the Secretary of State stating that payment in respect of a penalty notice was or was not received on or before a date specified in the certificate is evidence of the facts stated.

Withdrawal of penalty notices

9. —(1) A penalty notice may be withdrawn by an authorised officer who has reason to believe that it ought not to have been issued (whether to the person named in the penalty notice or otherwise).

(2) A penalty notice may be withdrawn before or after payment of the penalty.

(3) If a penalty notice is withdrawn any penalty paid must be repaid.

Commencement of proceedings after payment of penalty in relation to fishing boats from outside the United Kingdom

10. —(1) This article applies in relation to a penalty notice issued to the master, owner or charterer of a fishing boat other than an English, Northern Ireland, Scottish or Welsh fishing boat.

(2) Where a person in receipt of a penalty notice has paid the penalty, that person may give written notice requesting that proceedings be brought for the penalty offence to which the penalty notice relates.

(3) Such notice must—

(a) indicate that the person giving the notice wishes proceedings to be brought for the penalty offence to which the penalty notice relates; and

(b) be given no later than the end of the period of 28 days beginning with the date on which the penalty notice was issued.

(4) Where a person has given such notice, proceedings may be brought against that person.

(5) Where such proceedings are discontinued or the person is acquitted of the offence, the penalty notice is to be treated as never having been issued and any penalty paid must be repaid.

(6) Where a person is convicted of the offence, the penalty notice is to be treated as never having been issued and paragraph (7) or (8) applies, as appropriate.

(7) If a fine is imposed on the person in respect of the penalty offence an authorised officer must—

(a) apply so much of the penalty as does not exceed the amount of the fine in or towards payment of the fine; and

(b) repay any amount of the penalty in excess of the amount of the fine.

(8) If no fine is imposed on the person in respect of the penalty offence, any penalty paid must be repaid.

Transitional provision

11. —(1) This article applies where—

(a) a person has been issued with a penalty notice under the Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008( 4 ); and

(b) the penalty has not been paid in accordance with article 6, nor has the penalty notice been withdrawn under article 9, of that Order.

(2) The penalty notice is deemed to have been issued under this Order.

Revocation

12.The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 is revoked, except in so far as it applies in Wales or to the Welsh zone.

Article 2

SCHEDULE Offences relating to sea fishing

1. An offence under section 26(3) of the Sea Fisheries Act 1868( 5 ) (registered fishing boats and foreign fishing boats within British waters to have official papers).

2. In the Sea Fisheries (Shellfish) Act 1967( 6 ), an offence under—

(a) section 3 (effect of grant of right of regulating a fishery);

(b) section 7 (protection of fisheries);

(c) section 14 (supplementary provisions as to orders under ss 12 and 13);

(d) section 16 (oysters not to be sold between certain dates);

(e) section 17 (taking and sale of certain crabs and lobsters prohibited).

3. In the Sea Fish (Conservation) Act 1967( 7 ), an offence under—

(a) section 1 (size limits, etc for fish);

(b) section 2 (size limits for use in course of any business);

(c) section 3 (regulation of nets and other fishing gear);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 4A (licensing of vessels receiving trans-shipped fish);

(f) section 5 (power to restrict fishing for sea fish);

(g) section 6 (prohibition on landing of sea fish caught in certain areas);

(h) section 8 (regulation of landing of foreign-caught sea fish).

4. An offence under section 5 of the Sea Fisheries Act 1968( 8 ) (regulation of conduct of fishing operations).

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. An offence under section 30 of the Fisheries Act 1981(enforcement of Community rules).

7. An offence under section 1 of the British Fishing Boats Act 1983( 9 ) (restrictions on fishing etc by British boats).

8. An offence under section 163 of the Marine and Coastal Access Act 2009 (offences).

9. An offence under regulation 6 of the Sea Fishing (Days in Port) Regulations 1992( 10 ).

10. An offence under regulations 3 to 11 of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005( 11 ).

11. An offence under article 9 of the Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009( 12 ).

11A. In the Fisheries Act 2020, an offence under—

(a) section 12(3) (access to British fisheries by foreign fishing boats);

(b) section 14(6) (British fishing boats required to be licensed);

(c) section 16(6) (foreign fishing boats required to be licensed if within British fishery limits);

(d) paragraph 1(4) of Schedule 3 (sea fishing licences: further provision).

12. In this Schedule, reference to a section includes subordinate legislation made under that section.