The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations implement Article 92(6) of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (“the Control Regulation”).

The Regulations set up a system for the allocation of points to the masters of Scottish fishing boats who are British nationals and who have committed serious infringements of EU fisheries law.

Regulation 3 provides that the Scottish Ministers are responsible for allocating points to such masters.

Regulation 4 provides for the notification of suspension periods and disqualifications to the Marine Management Organisation, for the purpose of enabling that Organisation to maintain a UK-wide register of masters who have been allocated points.

Regulation 5 requires the Scottish Ministers to notify masters of Scottish fishing boats who are to be prosecuted in Scotland of the points that would be allocated if they were convicted of serious infringements of EU fisheries law.

Regulations 7 and 8 provide for the allocation of points to masters. Regulation 9 provides for masters to be allocated a maximum of 12 points in respect of multiple serious infringements detected by an enforcement officer in the course of one inspection.

Regulation 10 provides for masters to be suspended from mastering Scottish fishing boats for various periods, depending on the number of points they accumulate. Under regulation 10(3), masters are disqualified from mastering Scottish fishing boats if they accumulate 90 points at any one time. Under regulation 10(5), it is an offence for a master to master a Scottish fishing boat while suspended or disqualified from doing so.

Regulation 11 makes it an offence for a person to employ a disqualified or suspended master to master a UK fishing boat.

Regulation 12 provides that a person convicted of an offence under these Regulations is liable, on summary conviction, to a fine not exceeding £5,000 or, on conviction on indictment, to a fine.

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh EH6 6QQ and on line at www.legislation.gov.uk .