|
| |
|
(5) | A person who assaults an enforcement officer in the performance of any of the |
| |
officer’s functions under this Act is guilty of an offence. |
| |
(6) | A person who, with intent to deceive, falsely pretends to be an enforcement |
| |
officer is guilty of an offence. |
| |
(7) | A person who is guilty of an offence under subsection (1), (3) or (6) is liable— |
| 5 |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to a fine. |
| |
(8) | A person who is guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding £20,000. |
| 10 |
(9) | A person who is guilty of an offence under subsection (5) is liable on summary |
| |
conviction to a fine not exceeding £50,000. |
| |
(10) | Proceedings for an offence under this section may be taken, and the offence |
| |
may for all incidental purposes be treated as having been committed, in any |
| |
part of the United Kingdom. |
| 15 |
(11) | In this section any reference to an enforcement officer includes a reference to a |
| |
person assisting an enforcement officer by virtue of section 255. |
| |
| |
Miscellaneous and supplementary |
| |
Enforcement of Community rules |
| 20 |
288 | Enforcement of Community rules |
| |
(1) | Section 30 of the Fisheries Act 1981 (c. 29) (enforcement of Community rules) |
| |
| |
| |
(a) | after “enforceable Community restrictions” insert “, and enforceable |
| 25 |
| |
(b) | for paragraph (a) substitute— |
| |
“(a) | if any fishing boat within British fishery limits— |
| |
(i) | fishes in contravention of any such restriction, or |
| |
(ii) | fails to comply with any such obligation, |
| 30 |
| the master, the owner and the charterer (if any) are each |
| |
| |
(c) | after paragraph (a) insert— |
| |
“(aa) | if any English or Welsh fishing boat outside British |
| |
| 35 |
(i) | fishes in contravention of any such restriction, or |
| |
(ii) | fails to comply with any such obligation, |
| |
| the master, the owner and the charterer (if any) are each |
| |
| |
(ab) | if any person in England or Wales— |
| 40 |
(i) | fishes in contravention of any such restriction, or |
| |
(ii) | fails to comply with any such obligation, |
| |
|
| |
|
| |
|
| that person is guilty of an offence;”; |
| |
(d) | in paragraph (b), for “such offences” substitute “offences under |
| |
paragraph (a), (aa) or (ab) of this subsection”; |
| |
(e) | in paragraph (c), after “restrictions” insert “and obligations”. |
| |
(3) | After subsection (2) insert— |
| 5 |
“(2ZA) | The provision that may be made by an order made under subsection (2) |
| |
by the Secretary of State includes— |
| |
(a) | provision applying to English or Welsh fishing boats outside |
| |
| |
(b) | provision applying to persons of a specified description on |
| 10 |
board any fishing boat, other than a Scottish or Northern |
| |
Ireland fishing boat, outside British fishery limits. |
| |
| In this subsection “specified” means specified in the order.” |
| |
(4) | After subsection (2A) insert— |
| |
“(2B) | Her Majesty may by Order in Council provide for subsection (1) or (2) |
| 15 |
above to apply, with or without modifications, to any fishing boat |
| |
within subsection (2C) below that is outside British fishery limits as it |
| |
applies to any English or Welsh fishing boat outside those limits. |
| |
(2C) | A fishing boat is within this subsection if— |
| |
(a) | it is registered under the law of the Isle of Man or any of the |
| 20 |
| |
(b) | it is wholly owned by persons qualified for the purposes of the |
| |
law relating to the registration of vessels in the Isle of Man or |
| |
any of the Channel Islands to own fishing vessels which are |
| |
entitled to be registered as such under that law.” |
| 25 |
(5) | In subsection (3), insert at the appropriate places the following definitions— |
| |
““English fishing boat” means— |
| |
(a) | a fishing boat which is registered in the United |
| |
Kingdom under Part 2 of the Merchant Shipping Act |
| |
1995 and whose entry in the register specifies a port in |
| 30 |
England as the port to which the boat is to be treated as |
| |
| |
(b) | a fishing boat which is wholly owned by persons |
| |
qualified to own British ships for the purposes of that |
| |
| 35 |
(i) | a Welsh, Scottish or Northern Ireland fishing |
| |
| |
(ii) | a fishing boat within subsection (2C) above, or |
| |
(iii) | a fishing boat registered in any country or |
| |
territory other than the United Kingdom, the Isle |
| 40 |
of Man or any of the Channel Islands;”; |
| |
““Northern Ireland fishing boat” means a fishing boat which is |
| |
registered in the United Kingdom under Part 2 of the Merchant |
| |
Shipping Act 1995 and whose entry in the register specifies a |
| |
port in Northern Ireland as the port to which the boat is to be |
| 45 |
| |
““Scottish fishing boat” means a fishing boat which is registered in |
| |
the United Kingdom under Part 2 of that Act and whose entry |
| |
|
| |
|
| |
|
in the register specifies a port in Scotland as the port to which |
| |
the boat is to be treated as belonging;”; |
| |
““Welsh fishing boat” means a fishing boat which is registered in |
| |
the United Kingdom under Part 2 of that Act and whose entry |
| |
in the register specifies a port in Wales as the port to which the |
| 5 |
boat is to be treated as belonging.” |
| |
Administrative penalty schemes |
| |
289 | Administrative penalty schemes |
| |
(1) | The appropriate national authority for any area may by order make provision |
| |
to confer on any enforcement authority for that area the power to issue penalty |
| 10 |
notices for offences within subsection (2). |
| |
(2) | The offences referred to in subsection (1) are offences relating to sea fishing, |
| |
| |
(a) | an offence under section 30 of the Fisheries Act 1981 (c. 29) or any order |
| |
| 15 |
(b) | an offence under regulations made under section 2(2) of the European |
| |
Communities Act 1972 (c. 68). |
| |
(3) | A penalty notice is a notice offering the opportunity, by payment of a specified |
| |
sum of money, to discharge any liability to be convicted of the offence to which |
| |
| 20 |
(4) | The provision that may be made by an order under subsection (1) includes— |
| |
(a) | provision prescribing the offences in relation to which penalty notices |
| |
| |
(b) | provision as to circumstances in which penalty notices may be issued; |
| |
(c) | provision as to the content and form of penalty notices; |
| 25 |
(d) | provision as to how the amount of any penalty that may be specified in |
| |
a penalty notice is to be determined; |
| |
(e) | provision for the issuing of guidance by the appropriate national |
| |
authority as to matters to be taken into account when making such a |
| |
| 30 |
(f) | provision prescribing the minimum or maximum amount of any |
| |
| |
(g) | provision about the payment of penalties, including provision as to the |
| |
period within which any penalty must be paid; |
| |
(h) | provision for and in connection with the withdrawal of penalty notices; |
| 35 |
(i) | provision as to circumstances in which proceedings for an offence may |
| |
be commenced after the payment of a penalty in relation to that offence. |
| |
(5) | An order under subsection (1) may apply in relation to— |
| |
| |
| 40 |
(c) | any vessels in waters within British fishery limits, other than— |
| |
| |
(ii) | the Northern Ireland zone, and |
| |
(iii) | the territorial sea adjacent to the Isle of Man, Jersey and |
| |
| 45 |
(d) | any English or Welsh fishing boats, wherever they may be. |
| |
|
| |
|
| |
|
(6) | Her Majesty may by Order in Council provide for this section to apply, with or |
| |
without modifications, to any fishing boat within subsection (7) that is outside |
| |
British fishery limits as it applies to any English or Welsh fishing boat outside |
| |
| |
(7) | A fishing boat is within this subsection if— |
| 5 |
(a) | it is registered under the law of the Isle of Man or any of the Channel |
| |
| |
(b) | it is wholly owned by persons qualified for the purposes of the law |
| |
relating to the registration of vessels in the Isle of Man or any of the |
| |
Channel Islands to own fishing vessels which are entitled to be |
| 10 |
registered as such under that law. |
| |
| |
“appropriate national authority” means— |
| |
(a) | in relation to Wales or vessels within the Welsh zone, the Welsh |
| |
| 15 |
(b) | in relation to England or vessels outside the Welsh zone, the |
| |
| |
“enforcement authority” means, in relation to any area, any authority |
| |
which has a function (whether or not statutory) of taking any action |
| |
with a view to or in connection with the imposition of any sanction, |
| 20 |
criminal or otherwise, in a case where an offence within subsection (2) |
| |
is committed in that area; |
| |
“England” includes the English inshore region; |
| |
“English fishing boat” means— |
| |
(a) | a fishing boat which is registered in the United Kingdom under |
| 25 |
Part 2 of the Merchant Shipping Act 1995 (c. 21) and whose |
| |
entry in the register specifies a port in England as the port to |
| |
which the boat is to be treated as belonging, or |
| |
(b) | a fishing boat which is wholly owned by persons qualified to |
| |
own British ships for the purposes of that Part, other than— |
| 30 |
(i) | a Welsh, Scottish or Northern Ireland fishing boat, |
| |
(ii) | a fishing boat within subsection (7) above, or |
| |
(iii) | a fishing boat registered in any country or territory other |
| |
than the United Kingdom, the Isle of Man or any of the |
| |
| 35 |
“fishing boat” means any vessel that is being used for fishing or for any |
| |
activity relating to fishing; |
| |
“Northern Ireland fishing boat” means a fishing boat which is registered |
| |
in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 |
| |
and whose entry in the register specifies a port in Northern Ireland as |
| 40 |
the port to which the boat is to be treated as belonging; |
| |
“Scottish fishing boat” means a fishing boat which is registered in the |
| |
United Kingdom under Part 2 of the Merchant Shipping Act 1995 and |
| |
whose entry in the register specifies a port in Scotland as the port to |
| |
which the boat is to be treated as belonging; |
| 45 |
“sea fishing” includes fishing for or taking shellfish; |
| |
“shellfish” includes crustaceans and molluscs of any kind; |
| |
“vessel” includes any ship or boat or any description of vessel used in |
| |
| |
“Wales” includes the Welsh inshore region; |
| 50 |
|
| |
|
| |
|
“Welsh fishing boat” means a fishing boat which is registered in the |
| |
United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21) |
| |
and whose entry in the register specifies a port in Wales as the port to |
| |
which the boat is to be treated as belonging. |
| |
| 5 |
290 | Application to the Crown |
| |
(1) | The provisions of Chapters 1 to 5 of this Part are binding on the Crown. |
| |
| This is subject to subsection (2). |
| |
(2) | No contravention by the Crown of any provision of Chapter 5 is to make the |
| |
Crown criminally liable; but the High Court or, in Scotland, the Court of |
| 10 |
Session may declare unlawful any act or omission of the Crown which |
| |
constitutes such a contravention. |
| |
(3) | Despite subsection (2), the provisions of Chapters 1 to 5 of this Part apply to |
| |
persons in the public service of the Crown as they apply to other persons. |
| |
| 15 |
| |
| |
291 | The coastal access duty |
| |
(1) | Natural England and the Secretary of State must exercise the relevant functions |
| |
in order to secure the following objectives. |
| 20 |
(2) | The first objective is that there is a route for the whole of the English coast |
| |
| |
(a) | consists of one or more long-distance routes along which the public are |
| |
enabled to make recreational journeys on foot or by ferry, and |
| |
(b) | (except to the extent that it is completed by ferry) passes over land |
| 25 |
which is accessible to the public. |
| |
(3) | The second objective is that, in association with that route (“the English coastal |
| |
route”), a margin of land along the length of the English coast is accessible to |
| |
the public for the purposes of its enjoyment by them in conjunction with that |
| |
route or otherwise, except to the extent that the margin of land is relevant |
| 30 |
| |
(4) | The duty imposed on Natural England and the Secretary of State by subsection |
| |
| |
(a) | is referred to in this Part as the coastal access duty, and |
| |
(b) | is to be discharged by them in such stages and within such period as |
| 35 |
appear to them to be appropriate. |
| |
(5) | For the purposes of this section, land is accessible to the public if it is— |
| |
(a) | land which is available to the public for the purposes of open-air |
| |
recreation, by virtue of provision made under section 3A of the CROW |
| |
Act and subject to any exclusions or restrictions imposed by or under |
| 40 |
Part 1 of that Act (access to the countryside), |
| |
|
| |
|
| |
|
(b) | land in England which, for the purposes of section 1(1) of that Act, is |
| |
treated by section 15(1) of that Act as being accessible to the public |
| |
| |
(c) | excepted land in England which is accessible to the public by virtue of |
| |
any enactment or rule of law (other than a military lands byelaw). |
| 5 |
(6) | Nothing in this section requires Natural England or the Secretary of State, in |
| |
discharging the coastal access duty so far as it relates to the objective in |
| |
subsection (3), to exercise functions so as to secure that any land becomes land |
| |
within subsection (5)(b) or (c). |
| |
(7) | For the purposes of the coastal access duty, a person is to be regarded as |
| 10 |
enabled to make a journey by ferry even if that journey can be made at certain |
| |
times, or during certain periods, only. |
| |
| |
“the 1949 Act” means the National Parks and Access to the Countryside |
| |
| 15 |
“the CROW Act” means the Countryside and Rights of Way Act 2000 |
| |
| |
“excepted land” has the same meaning as in Part 1 of the CROW Act; |
| |
“military lands byelaw” means a byelaw under section 14 of the Military |
| |
Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56); |
| 20 |
“relevant excepted land” means excepted land other than land within |
| |
| |
“the relevant functions” means— |
| |
(a) | in relation to Natural England— |
| |
(i) | its functions under this Part, Part 4 of the 1949 Act (long- |
| 25 |
distance routes) and Part 1 of the CROW Act (access to |
| |
| |
(ii) | such of its other functions as it considers it appropriate |
| |
to exercise for the purpose of securing the objectives in |
| |
subsections (2) and (3), and |
| 30 |
(b) | in relation to the Secretary of State— |
| |
(i) | the Secretary of State’s functions under this Part, Part 4 |
| |
of the 1949 Act and Part 1 of the CROW Act, and |
| |
(ii) | such of the Secretary of State’s other functions as the |
| |
Secretary of State considers it appropriate to exercise for |
| 35 |
the purpose of securing the objectives in subsections (2) |
| |
| |
292 | General provision about the coastal access duty |
| |
(1) | In discharging the coastal access duty, Natural England and the Secretary of |
| |
State must comply with the requirements of this section. |
| 40 |
(2) | They must have regard to— |
| |
(a) | the safety and convenience of those using the English coastal route, |
| |
(b) | the desirability of that route adhering to the periphery of the coast and |
| |
providing views of the sea, and |
| |
(c) | the desirability of ensuring that so far as reasonably practicable |
| 45 |
interruptions to that route are kept to a minimum. |
| |
|
| |
|
| |
|
(3) | They must aim to strike a fair balance between the interests of the public in |
| |
having rights of access over land and the interests of any person with a relevant |
| |
| |
(4) | For this purpose a person has a relevant interest in land if the person— |
| |
(a) | holds an estate in fee simple absolute in possession in the land, |
| 5 |
(b) | holds a term of years absolute in the land, or |
| |
(c) | is in lawful occupation of the land. |
| |
293 | The coastal access scheme |
| |
(1) | Natural England must— |
| |
(a) | prepare a scheme setting out the approach it will take when |
| 10 |
discharging the coastal access duty, and |
| |
(b) | submit the scheme to the Secretary of State. |
| |
(2) | The Secretary of State may— |
| |
(a) | approve the scheme, with or without modifications, or |
| |
(b) | reject the scheme and give Natural England a notice requiring it to |
| 15 |
prepare and submit a new scheme under subsection (1). |
| |
(3) | The scheme must be submitted to the Secretary of State within the period of 12 |
| |
months beginning with the day on which this section comes into force or, in a |
| |
case within subsection (2)(b), within the period specified in the notice. |
| |
(4) | Natural England may, with the approval of the Secretary of State, revise a |
| 20 |
scheme approved under this section. |
| |
(5) | A scheme approved under this section (and any revised scheme) must set out |
| |
the approach Natural England will take when deciding, for the purposes of |
| |
section 55A(4) of the 1949 Act, whether it would be appropriate for an access |
| |
authority to carry out any preliminary activity (within the meaning of section |
| 25 |
| |
(6) | The Secretary of State must lay before Parliament a copy of the scheme |
| |
approved under this section and, where that scheme is revised, a copy of the |
| |
| |
(7) | Before preparing or revising a scheme under this section, Natural England |
| 30 |
must consult such persons as it considers appropriate. |
| |
(8) | Natural England must, as soon as reasonably practicable, publish in such |
| |
manner as it considers appropriate— |
| |
(a) | the scheme approved by the Secretary of State, and |
| |
(b) | where that scheme is revised, the revised scheme. |
| 35 |
(9) | In discharging the coastal access duty, Natural England must act in accordance |
| |
with the scheme approved under this section (or, where that scheme has been |
| |
revised, the revised scheme). |
| |
(10) | Until such time as there is an approved scheme under this section, Natural |
| |
England may not prepare or submit a report under section 51 or 55 of the 1949 |
| 40 |
Act (report containing proposals for long-distance routes) pursuant to the |
| |
| |
(11) | Nothing in subsection (10) prevents Natural England from surveying any land |
| |
in connection with the preparation of such a report. |
| |
|
| |
|