67Presumption as to possession of scallop held by child

67 Presumption as to possession of scallop held by child

(1)  In this rule –

adult supervisor, of a child at any place, means –

(a) the child's nearest adult relative who is present at the place; or

(b) if no nearest adult relative of the child is present at the place, a guardian or carer of the child who is present at the place; or

(c) if an adult referred to in paragraph (a) or (b) is not present at the place but the child is in a vehicle or on a vessel, the adult in charge of the vehicle or vessel (whether that adult is, at the relevant time, physically in or on the vehicle or vessel);

child means a natural person who has not attained the age of 10 years;

nearest adult relative, of a child at any place, means –

(a) a parent of the child who is present at the place; or

(b) if no parent of the child is present at the place, a step-parent of the child who is present at the place; or

(c) if no person referred to paragraph (a) or (b) is present at the place, a grandparent of the child who is present at the place; or

(d) if no person referred to paragraph (a), (b) or (c) is present at the place, an adult uncle or aunt of the child who is present at the place; or

(e) if no person referred to paragraph (a), (b), (c) or (d) is present at the place, an adult brother or sister who is present at the place; or

(f) if no person referred to paragraph (a), (b), (c), (d) or (e) is present at the place, an adult half-brother or half-sister of the child who is present at the place.

(2)  For the purposes of these rules and any proceedings for offences under these rules, it is to be presumed that –

(a) a child cannot, regardless of the child’s capacity, be in possession of a scallop; and