UK Parliament / Open data

Marine and Coastal Access Bill [HL]

My Lords, after the dizzy heights of Scottish law we enter the rather more prosaic elements of government Amendments 124A and 124B. These amend Clause 255 to place a duty on individual officers as well as the relevant authority to bring the contents of an inspection report to the attention of any persons likely to be interested in it when objects are inspected at sea. Amendment 124C simply corrects an incorrect reference to "authority" rather than "officer" in Clause 260(5). Amendment 124D clarifies the person to whom the proceeds of sales of seized fish must be returned when the enforcement authority decides not to take proceedings or proceedings are concluded without an order for forfeiture being made. Amendment 124E to Clause 282 replaces the word "Act" with "Part" in subsection (1)(a). This has the effect of restricting the offence of not complying with an enforcement officer's requirement to powers exerted under Part 8 rather than the Act itself. The amendment is needed to ensure that there is no chance that not complying with a statutory notice under Part 4 could also be an offence of not complying with an officer's requirement under Part 8. The offences under Clauses 89, 100 and 102 in Part 4, carry a higher penalty than that under Clause 282(1)(a) reflecting possible harm that can result from a licensing offence. We do not wish there to be ambiguity in the penalties that someone might face and so have tabled this amendment to remove any overlap. I hope that noble Lords will see merit in these amendments. I beg to move. Amendment 124A agreed.
Type
Proceeding contribution
Reference
710 c1359 
Session
2008-09
Chamber / Committee
House of Lords chamber
Back to top