Citation, commencement and interpretation

1.–(1) This Order may be cited as the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008 and comes into force on 1st April 2008.

(2) In this Order "the Act" means the Aquaculture and Fisheries (Scotland) Act 2007.

Specification of relevant offences

2. A relevant offence for the purposes of section 25(1) of the Act(2) is specified as-

(a) an offence under or by virtue of an enactment listed in Part 1 of Schedule 1 to this Order; and

(b) an offence under or by virtue of an enactment listed in Part 2 of Schedule 1 to this Order, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981(3).

Specification of shorter period for paying fixed penalty notice

3. The period specified for the purposes of section 26(4) of the Act is 7 days in relation to a person to whom a notice(4) is issued who is domiciled or resident outside the United Kingdom.

Scale of fixed penalty

4. The scale of fixed penalties for the purposes of sections 25 to 31 of the Act is as prescribed in Schedule 2.

Address at which and method by which fixed penalty is payable

5.–(1) The address specified for the purposes of section 27(3) of the Act is Scottish Government, Banking Section, Financial Management Branch, Mail Point 8, Area 3-A South, Victoria Quay, Edinburgh EH6 6QQ.

(2) The methods of payment specified for the purposes of section 27(3) of the Act are payment by-

(a) cheque;

(b) transfer using the Bankers Automated Clearing Service; and

(c) debit card.

Person to whom and address to which intimation of non payment of fixed penalty to be sent

6. The person and address specified for the purposes of section 29(2)(b) of the Act is Head of Prosecutions and Enforcement Policy, SFPA, Room 527, Pentland House, 47 Robbs´s Loan, Edinburgh, EH14 1TY.

Article 2

SCHEDULE 1 Relevant offences for the purposes of section 25(1) of the Aquaculture and Fisheries (Scotland) Act 2007

PART 1 Enactments under or by virtue of which relevant offences are created

PART 2 Enactments under or by virtue of which relevant offences are created, proceedings in respect of which may be taken in Scotland by virtue of section 30(2A) of the Fisheries Act 1981

Article 4

SCHEDULE 2 Scale of fixed penalties

Explanatory Note

(This note is not part of the Order)

This Order makes provision for fixed penalty notices which are provided for in sections 25 to 31 of the Aquaculture and Fisheries (Scotland) Act 2007 ("the 2007 Act").

Article 2 of the Order specifies relevant offences. In terms of section 25(1) of the 2007 Act, if a British sea-fishery officer has reasonable grounds for suspecting that a person has committed a relevant offence then the officer may issue a fixed penalty notice. Relevant offences are listed in Schedule 1 to the Order. They include, in Part 2 of Schedule 1, offences under orders made under section 30(2) of the Fisheries Act 1981. In terms of section 30(2A) of that Act, proceedings for an offence under any order made under section 30(2) may be taken in any place in the United Kingdom.

Article 3 of the Order prescribes a shorter period for paying a fixed penalty notice where the person to whom the notice is issued is domiciled or resident outside the United Kingdom. In such cases the period for paying is 7 days.

Article 4 and Schedule 2 prescribe the scale of fixed penalties from £250 up to a maximum of £2000.

Article 5 specifies the address at which and the methods by which payment of the fixed penalty is to be made.

Before the expiry of the period for paying the fixed penalty, a person to whom a notice has been issued may intimate that they intend not to pay. Article 6 specifies where such an intimation should be sent.

A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Marine Directorate, Pentland House, Robb´s Loan, Edinburgh EH14 1TY.