Shanty
regular
Reged: 20/01/2002
Posts: 609
Loc: Scotland - Black Isle
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... on land, equivalent activities to laying pots in channels would probably fall foul of the Health & Safety at Work Act. A quote from the Act:
"General duties of employers and self-employed to persons other than their employees.
3. (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.
(3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety. "
Looks to cover both laying pots in inappropriate places, and failing to mark pots effectively?
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Scillypete
regular
Reged: 11/06/2003
Posts: 427
Loc: Isles of Scilly
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Note the phrase 'as reasonably practicable'
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Shanty
regular
Reged: 20/01/2002
Posts: 609
Loc: Scotland - Black Isle
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"as reasonably practical" sounds like the sort of thing that keeps lawyers in the style to which they wish to become accustomed.
I suspect the courts might look to something like the MCA leaflet "Marking of Fishing Gear" (see http://www.mcagency.org.uk/publications/leaflets/index.htm) for guidance.
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