Appendix 7
S.I. 2012/827: memorandum from Department for
Environment, Food and Rural Affairs
Sea Fishing (Licences and Notices)
(England) Regulations 2012
(S.I. 2012/827)
1. The Committee has asked the Department for Environment,
Food and Rural Affairs for a memorandum on the following point:
Given the possibility of websites
becoming inaccessible, why is no provision included in the Regulations
to cover the consequences of inaccessibility, for example by adding
any period of inaccessibility to the 24 hour period covered by
regulation 5(c)?
2. The website intended to be used for publication
of notices is that of the Marine Management Organisation (the
"MMO").
3. If a fisherman has demonstrated that he does not
as a general rule have internet access, his notice may, exceptionally,
be communicated by some means other than publication on the website.
4. If there is a problem with the MMO's website itself,
the MMO will not issue a notice whilst problems persist.
5.If a fisherman has so requested by giving the MMO
his mobile telephone number or e-mail address, the MMO will alert
the fisherman when a notice is issued, so that he knows that he
must access the MMO's website to view it. The intention is that
notices would be posted on a set day of the week and on that day
fishermen would be expected to view the website.
6.In the event that the MMO posted a notice on its
website and, a short while later, experienced technical difficulties
such that the notice ceased to be viewable on the website, the
fisherman could contact the local port office to obtain details
of the notice and the MMO could take steps to communicate the
notice by some other means. In such a situation the MMO would
adopt a pragmatic approach to ensure that fishermen were not disadvantaged:
it would not enforce a licence variation until the notice had
been successfully publicised.
7. If the MMO's website is functioning correctly
but a fisherman cannot access it because of difficulties with
his own computer or server, there are a number of steps he can
take:
· he can
appoint a nominee to receive the notice on his behalf;
· he can
access the MMO's website from any other computer or portal, including
in a public library, post office, internet cafe etc.;
· he can
speak to his local port office who could if necessary issue a
paper copy of the notice.
8. The purpose of regulation 5 is to determine an
exact point in time at which licences and notices are to have
effect. The Department considers it undesirable to introduce uncertainty
by including a reference to a period of website inaccessibility
which might not easily be proven and could give rise to disputes.
Given the short period of time (24 hours) between the notice being
given and taking effect, and the importance of achieving certainty
in the timing of the notice taking effect, the Department considers
it preferable to rely on the approach outlined in this memorandum.
Department for Environment, Food and Rural Affairs
22 May 2012
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