Inland Fisheries Act 2010

78.

Forfeiture of licences and consequential disqualification orders.

78.— (1) ( a) Where—

(i) a person is convicted of any offence under the Principal Act, other than an offence described in subsection (3) , and

(ii) such person is the holder of a fishing licence or licences or an oyster fishing licence or licences,

the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited.

( b) Where a licence is directed to be forfeited under this subsection, such licence shall immediately cease to be in force.

(2) ( a) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of the Principal Act, the court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the court may specify.

( b) Where a declaration is made under this subsection, the declaration shall operate to disqualify the person to whom it relates for holding a licence of the kind specified in the declaration, and notwithstanding anything contained in the Principal Act a licence of that kind shall not be issued to such person in respect of the period specified in the declaration.

(3) ( a) This subsection applies to the following offences, namely—

(i) an offence under section 65, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 140, 145, 146, 176, 182, 285A (inserted by section 24 of the Act of 1962) or 301 of the Principal Act,

(ii) an offence under section 29 of the Act of 1962,

(iii) an offence under any bye-law described in section 57 (4) ,

(iv) an offence under section 69(7)(a) , (b), (c) or (d), and

(v) an offence under section 69(6) , in respect of a contravention of or a failure to comply with a regulation made under that section which is a contravention of or a failure to comply with the regulation declared by the Minister by regulations to be an offence to which this subsection applies.

( b) Where a person is convicted of an offence which is both an offence to which this subsection applies and a second or any subsequent such offence which is the second or subsequent such offence in any period of 12 consecutive months, the court by whom such person is convicted shall make an order (“a consequential disqualification order”) declaring him or her to be disqualified for holding an ordinary fishing licence in respect of any scheduled engine mentioned in Part II of the Fourth Schedule to the Principal Act, and such order shall operate so as to disqualify the person to whom it relates during the period of 3 years commencing on the date on which the order is made.

(4) Subject to subsection (5), in every case in which an appeal may be brought in respect of a conviction of an offence to which subsection (3) applies, jurisdiction to make, confirm or annul a consequential disqualification order is hereby conferred on the appellate court.

(5) A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was made is reversed.

Annotations:

Editorial Notes:

E28

Power pursuant to subs. (3)(a)(v) exercised (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), in effect as per reg. 1(2).

E29

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2017) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016 (S.I. No. 636 of 2016), in effect as per reg. 1(2); revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(c), in effect as per reg. 1(2) .

E30

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2016) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 (S.I. No. 581 of 2015), in effect as per reg. 1(2); revoked (20.12.2017) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (S.I. No. 602 of 2017), reg. 3(a), in effect as per reg. 1(2).

E31

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2015) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) (No. 2) Regulations 2014 (S.I. No. 610 of 2014), in effect as per reg. 1(2); revoked (1.01.2016) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 (S.I. No. 581 of 2015), reg. 3, in effect as per reg. 1(2).

E32

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2014) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2013), reg. 26, in effect as per reg. 1(2); revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(a), in effect as per reg. 1(2).

E33

Previous affecting provision: application of subs. (3) extended (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), reg. 24, in effect as per reg. 1(2); revoked (1.01.2014) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2013), reg. 26, in effect as per reg. 1(2).

E34

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), in effect as per reg. 1(2); revoked (1.01.2014) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2014), reg. 26, in effect as per reg. 1(2).

E35

Previous affecting provision: application of subs. (3) extended (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 24, in effect as per reg. 1(2); revoked (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), reg. 25, in effect as per reg. 1(2).

E36

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), in effect as per reg. 1(2); revoked (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), reg. 25, in effect as per reg. 1(2).

E37

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised: (28.06.2011) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2011 (S.I. No. 326 of 2011); revoked (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 25, in effect as per reg. 1(2).

E38

Previous affecting provision: application of subs. (3) extended (1.01.2011) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010), reg. 24, in effect as per reg. 1(2); revoked (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 25, in effect as per reg. 1(2).

E39

Previous affecting provision: power pursuant to subs. (3)(a)(v) exercised (1.01.2011) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010), in effect as per reg. 1(2); revoked (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 25, in effect as per reg. 1(2).

E40

Previous affecting provision: application of subs. (3) extended (1.07.2010) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2010 (S.I. No. 323 of 2010), reg. 24, in effect as per reg. 1(2); revoked (1.01.2011) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010), reg. 25, in effect as per reg. 1(2).