Fisheries Act 2020 (c. 22)

SCHEDULES

Sections 3, 5 and 8

SCHEDULE 1 U.K. Fisheries statements and management plans: preparation and publication

PART 1 U.K. Joint fisheries statement

Introductory U.K.

1 (1) This Part applies in relation to the preparation and publication by the fisheries policy authorities of— U.K.

(a) a JFS, or

(b) amendments of a JFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

2 (1) The fisheries policy authorities acting jointly must— U.K.

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) Each of the fisheries policy authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authorities to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before appropriate legislature U.K.

3 (1) Each of the fisheries policy authorities must— U.K.

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by the appropriate legislature, and

(b) on or before the first day of that period lay a copy of the consultation draft before the appropriate legislature.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) an appropriate legislative body passes a resolution with regard to the consultation draft, or

(b) an appropriate legislative committee makes a recommendation with regard to the consultation draft.

(3) The fisheries policy authority must lay before the appropriate legislature a statement setting out its response to the resolution or recommendation.

(4) In this paragraph—

• “the appropriate legislature” means—

  (a)

  where the fisheries policy authority is the Secretary of State, Parliament;

  (b)

  where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;

  (c)

  where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;

  (d)

  where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

• “an appropriate legislative body” means—

  (a)

  where the fisheries policy authority is the Secretary of State, either House of Parliament;

  (b)

  where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;

  (c)

  where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;

  (d)

  where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

• “an appropriate legislative committee” means a committee of an appropriate legislative body;

• “the consultation draft” means the draft prepared and published under paragraph 2.

Publication of the relevant document U.K.

4 (1) Sub-paragraph (2) applies where— U.K.

(a) each fisheries policy authority has complied with paragraphs 2 and 3, and

(b) the fisheries policy authorities have decided on the final text of the relevant document.

(2) The fisheries policy authorities acting jointly must publish the relevant document as soon as reasonably practicable.

PART 2 U.K. Secretary of State fisheries statement

Introductory U.K.

5 (1) This Part applies in relation to the preparation and publication by the Secretary of State of— U.K.

(a) an SSFS, or

(b) amendments of an SSFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

6 (1) The Secretary of State must— U.K.

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as the Secretary of State considers appropriate, and

(c) take such steps as the Secretary of State considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) The Secretary of State must, in settling the final text of the relevant document, have regard to any representations made to the Secretary of State about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the Secretary of State to be likely to be interested in, or affected by, the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before Parliament U.K.

7 (1) The Secretary of State must— U.K.

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by Parliament, and

(b) on or before the first day of that period lay a copy of the consultation draft before Parliament.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) either House of Parliament passes a resolution with regard to the consultation draft, or

(b) a committee of either House of Parliament makes a recommendation with regard to the policies contained in the consultation draft.

(3) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendation.

(4) In this paragraph “the consultation draft” means the draft prepared and published under paragraph 6.

Publication of the relevant document U.K.

8 (1) Sub-paragraph (2) applies where the Secretary of State has— U.K.

(a) complied with paragraphs 6 and 7, and

(b) decided on the final text of the relevant document.

(2) The Secretary of State must publish the relevant document as soon as reasonably practicable.

PART 3 U.K. Fisheries management plans

Introductory U.K.

9 (1) This Part applies in relation to— U.K.

(a) the preparation and publication by a single fisheries policy authority of—

(i) a fisheries management plan,

(ii) amendments of a fisheries management plan, or

(iii) a document under section 7(2)(c) revoking a fisheries management plan, or

(b) the preparation and publication by two or more fisheries policy authorities of such a document.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

10 (1) Sub-paragraphs (2) and (3) apply in a case within paragraph 9(1)(a); and references in those sub-paragraphs to “the relevant authority” are to the fisheries policy authority mentioned in paragraph 9(1)(a). U.K.

(2) The relevant authority must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as it considers appropriate, and

(c) take such steps as it considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(3) The relevant authority must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(4) Sub-paragraphs (5) and (6) apply in a case within paragraph 9(1)(b); and references in those sub-paragraphs to the relevant authorities are to the fisheries policy authorities mentioned in paragraph 9(1)(b).

(5) The relevant authorities acting jointly must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(6) Each of the relevant authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(7) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authority or authorities in question to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Publication of the relevant document U.K.

11 (1) Sub-paragraph (2) applies in a case within paragraph 9(1)(a) where the fisheries policy authority mentioned in paragraph 9(1)(a) has— U.K.

(a) complied with paragraph 10, and

(b) decided on the final text of the relevant document.

(2) The fisheries policy authority must publish the relevant document as soon as reasonably practicable.

(3) Sub-paragraph (4) applies in a case within paragraph 9(1)(b) where—

(a) each of the fisheries policy authorities mentioned in paragraph 9(1)(b) (“the relevant authorities”) have complied with paragraph 10, and

(b) the relevant authorities have decided on the final text of the relevant document.

(4) The relevant authorities acting jointly must publish the relevant document as soon as reasonably practicable.

Yn ddilys o 31/12/2020

Section 13

SCHEDULE 2 U.K. Regulation of foreign fishing boats

PART 1 U.K. England and Wales

Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 U.K.

1 (1) The Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 (S.I. 1984/1523) is amended as follows. U.K.

(2) In article 2 (prohibition), after “British-owned fishing boat” insert “ or foreign fishing boat ”.

Undersized Velvet Crabs Order 1989 U.K.

2 (1) The Undersized Velvet Crabs Order 1989 (S.I. 1989/919) is amended as follows. U.K.

(2) In article 1 (title, commencement and interpretation), in paragraph (2), at the end insert—

““the English zone” means the sea within British fishery limits other than—

(a) the Scottish zone,

(b) the Northern Ireland zone, and

(c) the Welsh zone;

“the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998;

“the Welsh zone” has the same meaning as in the Government of Wales Act 2006.”

(3) In article 2 (prescribed minimum size for landing velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ of sea fish caught in waters lying outside British fishery limits ”.

(4) In article 3 (prescribed minimum size for sale etc of velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ and were caught in waters lying outside British fishery limits ”.

(5) In article 4 (prescribed minimum size for carriage of velvet crabs on a British fishing boat)—

(a) in the heading, omit “on a British fishing boat”;

(b) the existing text becomes paragraph (1);

(c) in that paragraph, for “British fishing boat” substitute “ relevant British vessel ”;

(d) after that paragraph insert—

“(2) Paragraph (1) does not apply in relation to the Welsh zone.

(3) A Northern Ireland fishing boat is prohibited from carrying in the English zone velvet crab that are below the minimum size mentioned in sub-paragraph (1).

(4) A foreign vessel is prohibited from carrying in the English zone velvet crab that were caught in waters lying within British fishery limits and are below the minimum size mentioned in sub-paragraph (1).

(5) So far as it extends to Northern Ireland, this Article applies as if—

(a) references to a “relevant British vessel” were to a relevant British fishing boat;

(b) references to a “foreign vessel” were to a foreign fishing boat;

(c) references to a “Northern Ireland fishing boat” were to a Scottish fishing boat;

(d) references to “the English zone” were to the English zone or the Northern Ireland zone.

(6) Expressions used in this Article and in section 1 of the Act have the same meaning in this Article as they have in that section.”

(6) In article 5 (powers of British sea-fishery officers in relation to fishing boats)—

(a) in paragraph (1), omit “in relation to any British fishing boat anywhere”;

(b) in that paragraph, at the end, insert “—

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”;

(c) in paragraph (4), in the opening words, after “within” insert “ relevant ”.

Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989 U.K.

3 (1) The Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989 (S.I. 1989/1284) is amended as follows. U.K.

(2) In article 1(2) (interpretation), omit the definition of “British fishing boat”.

(3) In article 2 (prohibition), in paragraph (1)(a) and (b), omit “British”.

(4) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) omit “in relation to any British fishing boat anywhere”;

(b) at the end insert “—

(a) in relation to a British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within British fishery limits.”

Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 U.K.

4 (1) The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 (S.I. 2000/874) is amended as follows. U.K.

(2) In article 3 (fishing prohibition)—

(a) in paragraph (2)(b), omit “relevant British”;

(b) omit paragraph (3).

(3) In article 4 (landing prohibition)—

(a) in paragraph (1) omit “wherever caught”;

(b) in paragraph (2), after “applies” insert “ (wherever caught) ”;

(c) after paragraph (2) insert—

“(3) The landing in England or Northern Ireland from a foreign fishing boat of any sea fish to which this article applies that were caught in waters lying within British fishery limits is prohibited.”

(4) In article 4A (berried lobsters and crawfish), in paragraph (1), for sub-paragraphs (a) and (b) substitute “ any fishing boat ”.

(5) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Undersized Edible Crabs Order 2000 U.K.

5 (1) The Undersized Edible Crabs Order 2000 (S.I. 2000/2029) is amended as follows. U.K.

(2) In article 3 (prescribed minimum size for edible crabs landed in certain areas), omit paragraph (2).

(3) In article 4 (prohibition on landing edible crabs caught in certain areas)—

(a) in paragraph (1), for “paragraphs (2) and” substitute “ paragraph ”;

(b) omit paragraph (2).

(4) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 U.K.

6 (1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 (S.I. 2001/649) is amended as follows. U.K.

(2) In article 3 (application and exemptions), after paragraph (1) insert—

“(1A) Subject to paragraph (3), article 4 applies to any net carried in, or used by, any foreign fishing boat in waters that are—

(a) within the area mentioned in paragraph (1), and

(b) within relevant British fishery limits.

In the law of Northern Ireland, the reference in this paragraph to article 4 includes a reference to article 6.”

(3) In article 7 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be;

(b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Prohibition of Fishing with Multiple Trawls Order 2001 U.K.

7 (1) The Prohibition of Fishing with Multiple Trawls Order 2001 (S.I. 2001/650) is amended as follows. U.K.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), after “Scottish fishing boat” insert “ , or foreign fishing boat, ”.

(3) In article 4 (power of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), after “Scottish fishing boat” insert “ , or foreign fishing boat, ”.

Shrimp Fishing Nets Order 2002 U.K.

8 (1) The Shrimp Fishing Nets Order 2002 (S.I. 2002/2870) is amended as follows. U.K.

(2) In article 1, omit paragraph (2) (application).

(3) In article 2 (interpretation)—

(a) omit the definition of “British fishing boat”;

(b) at the appropriate place insert—

““regulated fishing boat” means—

(a) a fishing boat which is registered in the United Kingdom or is British-owned, or

(b) a foreign fishing boat;”.

(4) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid)—

(a) in paragraph (1), for “British fishing boat” substitute “ regulated fishing boat ”;

(b) after paragraph (2) insert—

“(3) The prohibition in this article does not apply to—

(a) a fishing boat in the territorial sea adjacent to Wales,

(b) a Scottish fishing boat either in the Scottish zone or outside British fishery limits,

(c) a Northern Ireland fishing boat either in the Northern Ireland zone or outside British fishery limits, or

(d) a foreign fishing boat outside British fishery limits.”

(5) In article 4 (powers of British sea-fishery officers), in paragraph (1), for “in relation to any British fishing boat to which this Order applies” substitute “—

(a) in relation to a regulated fishing boat that is not a Scottish fishing boat or a foreign fishing boat, wherever it may be; and

(b) in relation to any other regulated fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003 U.K.

9 (1) The Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003 (S.I. 2003/607 (W.81)) is amended as follows. U.K.

(2) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

Prohibition of Fishing with Multiple Trawls Order 2003 U.K.

10 (1) The Prohibition of Fishing with Multiple Trawls Order 2003 (S.I. 2003/1559) is amended as follows. U.K.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “Scottish fishing boat or Northern Ireland fishing boat” substitute “ other fishing boat ”.

(3) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Prohibition of Fishing with Multiple Trawls (Wales) Order 2003 U.K.

11 (1) The Prohibition of Fishing with Multiple Trawls (Wales) Order 2003 (S.I. 2003/1855 (W.205)) is amended as follows. U.K.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

(3) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 U.K.

12 (1) The South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 (S.I. 2004/3397) is amended as follows. U.K.

(2) In article 3 (prohibition on pair trawling), in paragraph (1), omit “British”.

(3) In article 4 (prohibition on carrying towed gear), in paragraph (1), omit “British”.

(4) In article 5 (powers of British sea-fishery officers), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Tope (Prohibition of Fishing) Order 2008 U.K.

13 (1) The Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691) is amended as follows. U.K.

(2) In article 2 (application), omit paragraph (2).

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end insert —

“(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”

Shrimp Fishing Nets (Wales) Order 2008 U.K.

14 (1) The Shrimp Fishing Nets (Wales) Order 2008 (S.I. 2008/1811 (W.175)) is amended as follows. U.K.

(2) In article 2 (interpretation), in paragraph (1)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)—

(a) in the English language text, for “British fishing boats” substitute “ Fishing boats ”;

(b) in the Welsh language text, for “cychod pysgota Prydeinig” substitute “ cychod pysgota ”.

(4) In article 4 (powers of British sea-fishery officers), in paragraph (1)—

(a) in the English language text, for “in relation to any British fishing boat to which this Order applies” substitute—

“(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”;

(b) in the Welsh language text, for “mewn perthynas ag unrhyw gwch pysgota Prydeinig y mae'r Gorchymyn hwn yn gymwys iddo” substitute—

“(a) mewn perthynas â chwch pysgota Prydeinig perthnasol sydd wedi ei gofrestru yn y Deyrnas Unedig neu sydd mewn perchnogaeth Brydeinig, ble bynnag y bo; a

(b) mewn perthynas ag unrhyw gwch pysgota arall, mewn unrhyw ddyfroedd sy'n gyfagos i'r Deyrnas Unedig ac o fewn terfynau pysgodfeydd Prydain perthnasol.”

Tope (Prohibition of Fishing) (Wales) Order 2008 U.K.

15 (1) The Tope (Prohibition of Fishing) (Wales) Order 2008 (S.I. 2008/1438 (W.150)) is amended as follows. U.K.

(2) In article 1 (title, commencement and application) in the English language text and in the Welsh language text, omit paragraph (3).

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end—

(a) in the English language text, insert—

“(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and

(b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.”;

(b) in the Welsh language text, insert—

“(a) mewn perthynas â chwch pysgota Prydeinig perthnasol sydd wedi ei gofrestru yn y Deyrnas Unedig neu sydd mewn perchnogaeth Brydeinig, ble bynnag y bo; a

(b) mewn perthynas ag unrhyw gwch pysgota arall, mewn unrhyw ddyfroedd sy'n gyfagos i'r Deyrnas Unedig ac o fewn terfynau pysgodfeydd Prydain perthnasol.”

Scallop Fishing (Wales) (No 2) Order 2010 U.K.

16 (1) The Scallop Fishing (Wales) (No 2) Order 2010 (S.I. 2010/269 (W.33)) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In each of the provisions specified in sub-paragraph (4)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

(4) The provisions are—

(a) article 3 (fishing restrictions);

(b) articles 5 and 6 (restrictions on number and use of scallop dredges);

(c) articles 8(1), (2) and (3) and 9 (restriction on size of tow bars);

(d) article 10(1) (specification of scallop dredges);

(e) article 11(1) (minimum size of scallop).

(5) In article 12 (prohibition on dredging)—

(a) in the English language text, for “British fishing boats” substitute “ fishing boats ”;

(b) in the Welsh language text, for “gychod pysgota Prydeinig” substitute “ gychod pysgota ”.

Cockles and Mussels (Specified Area) (Wales) Order 2011 U.K.

17 (1) The Cockles and Mussels (Specified Area) (Wales) Order 2011 (S.I. 2011/1988 (W.219)) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3(2)(b)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

Scallop Fishing (England) Order 2012 U.K.

18 (1) The Scallop Fishing (England) Order 2012 (S.I. 2012/2283) is amended as follows. U.K.

(2) In article 2(1) (interpretation), omit the definition of “British fishing boat”.

(3) In the following provisions, for “British fishing boat” substitute “ fishing boat ”

(a) article 3(1) (specification of scallop dredges);

(b) article 4 (restrictions on number of scallop dredges);

(c) article 5(1) (carriage of undersized scallops).

Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012 U.K.

19 (1) The Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012 (S.I. 2012/2729 (W.292)) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) in the English language text, in the definition of “person in charge” (“person sydd â gofal”) (in both places), for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, in the definition of “person sydd â gofal” (“person in charge”)—

(i) for “chwch pysgota Prydeinig” substitute “ chwch pysgota ”;

(ii) for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

(3) In each of the provisions specified in sub-paragraph (4)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text—

(i) for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”;

(ii) for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

(4) The provisions are—

(a) article 3 (regulation of scallop dredging operations);

(b) article 4 (exception);

(c) article 5(a) (required information);

(d) article 6(1), (2) and (3) (failure of a tracking device);

(e) article 7(1) and (4) (enforcement).

Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 U.K.

20 (1) The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076 (W.312)) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definitions of “British fishing boat” and “foreign vessel”;

(b) in the Welsh language text, omit the definitions of “cwch pysgota Prydeinig” and “llong dramor”.

(3) In article 3 (fishing prohibition for specified crawfish, lobster, and crab), in the English language text and in the Welsh language text, omit paragraph (2).

(4) In article 4 (prohibitions on landing of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4).

(5) In article 5 (prohibitions on sale, exposure or offer for sale or possession of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4).

(6) In article 6 (prohibition on carriage of specified crawfish, lobster and crab)—

(a) in the English language text—

(i) in the heading, omit “on a British fishing boat”;

(ii) in paragraphs (1) and (2), for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text—

(i) in the heading, omit “ar gwch pysgota Prydeinig”;

(ii) in paragraph (1), for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”;

(iii) in paragraph (2), for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

Whelk Fishing (Wales) Order 2019 U.K.

21 (1) The Whelk Fishing (Wales) Order 2019 (S.I. 2019/1042 (W.184)) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3 (fishing prohibition for specified whelk)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “cychod pysgota Prydeinig” substitute “ cychod pysgota ”.

(4) In article 5 (prohibition on carriage of specified whelk)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

PART 2 U.K. Scotland

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999 U.K.

22 (1) The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1991 (S.S.I. 1999/88) is amended as follows. U.K.

(2) In article 3 (fishing prohibition)—

(a) in paragraph (2), for “a relevant British” substitute “ any ”;

(b) in paragraph (3), for “within the Scottish zone or anywhere outside that zone” substitute “ outside the Scottish zone ”.

(3) In article 4 (landing prohibition), for paragraph (3) substitute—

“(3) The prohibition in paragraph (2) does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

(4) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 U.K.

23 (1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (S.S.I. 2000/227) is amended as follows. U.K.

(2) In article 3 (application), in paragraphs (1)(b) and (1B)(b), for “relevant British” substitute “ other ”.

The Prohibition of Fishing for Scallops (Scotland) Order 2003 U.K.

24 (1) The Prohibition of Fishing for Scallops (Scotland) Order 2003 (S.S.I. 2003/371) is amended as follows. U.K.

(2) In articles 3 and 4 (prohibitions of fishing for king scallops) for “a Scottish fishing boat or by any relevant British” substitute “ any ”.

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Shrimp Fishing Nets (Scotland) Order 2004 U.K.

25 (1) The Shrimp Fishing Nets (Scotland) Order 2004 (S.S.I. 2004/261) is amended as follows. U.K.

(2) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)(b), for “relevant British” substitute “ other ”.

(3) In article 4 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 U.K.

26 (1) The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 (S.S.I. 2012/63) is amended as follows. U.K.

(2) In article 2 (definitions) omit the following definitions—

• “fishing boat”;

• “relevant British fishing boat”;

• “Scottish fishing boat”;

• “third country”;

• “third country fishing boat”.

(3) Omit article 3 (application).

(4) In article 4 (prohibition of fishing for tope), for “a boat to which this article applies” substitute “ any fishing boat ”.

(5) In article 5 (prohibition of trans-shipment of tope), for “a boat or vessel to which this article applies” substitute “ any fishing boat ”.

(6) In article 6 (prohibition of landing tope)—

(a) the existing provision becomes paragraph (1);

(b) in that paragraph, for “a boat or vessel to which this article applies” substitute “ any fishing boat ”;

(c) after that paragraph insert—

“(2) The prohibition in paragraph (1) does not apply in relation to tope caught by a foreign fishing boat in waters lying outside British fishery limits.”

(7) In article 7 (prohibition of landing specified species of shark, skate and ray)—

(a) in paragraph (1), for “a boat or vessel to which this article applies” substitute “ any fishing boat ”;

(b) after paragraph (1) insert—

“(1A) The prohibition in paragraph (1) does not apply in relation to a specified species caught by a foreign fishing boat in waters lying outside British fishery limits.”

(c) in paragraph (2), for “paragraph (1)” substitute “ this article ”.

(8) In article 8 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in sub-paragraph (b), for “relevant British” substitute “ other ”;

(b) omit sub-paragraph (c) and the “and” before it.

The Regulation of Scallop Fishing (Scotland) Order 2017 U.K.

27 (1) The Regulation of Scallop Fishing (Scotland) Order 2017 (S.S.I. 2017/127) is amended as follows. U.K.

(2) In article 2 (interpretation), omit the definition of “British fishing boat”.

(3) In article 3 (prescribed minimum size for landing king scallops)—

(a) for paragraph (3) substitute—

“(3) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”;

(b) in paragraph (5), omit sub-paragraph (a).

(4) In article 4 (restrictions on number of scallop dredges), in the opening words, omit “British”.

(5) In article 5 (exemption from restrictions in article 4), in paragraphs (1), (2), (3)(a) and (4)(a), omit “British”.

(6) In article 6 (requirement to install a functioning remote electronic monitoring system), in paragraphs (1) and (3), omit “British”.

The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 U.K.

28 (1) The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 (S.S.I. 2017/325) is amended as follows. U.K.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 U.K.

29 (1) The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455) is amended as follows. U.K.

(2) In article 2 (interpretation), omit the definition of “foreign fishing boat”.

(3) In article 3 (prescribed minimum size for landing edible crabs in Scotland), for paragraph (2) substitute—

“(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

(4) In article 4 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs)—

(a) in paragraph (4), after “Scottish zone” insert “ , or a foreign fishing boat within the Scottish zone, ”;

(b) for paragraphs (6) and (7) substitute—

“(6) The prohibitions imposed by—

(a) section 1(1) of the Act, as read with paragraph (1), and

(b) paragraphs (4) and (5),

do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(7) The prohibition imposed by section 1(2) of the Act, as read with paragraph (2), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

(5) In article 5 (prescribed minimum size for landing spider crabs in Scotland), for paragraph (2) substitute—

“(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

(6) In article 6 (prescribed minimum size for landing green crabs in the Orkney Islands), for paragraph (2) substitute—

“(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

(7) In article 7 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of lobsters)—

(a) in paragraph (10), after “Scottish zone” insert “ , or a foreign fishing boat within the Scottish zone, ”;

(b) for paragraphs (12) and (13) substitute—

“(12) The prohibitions imposed by—

(a) section 1(1) of the Act, as read with paragraphs (1) to (7), and

(b) paragraph (10),

do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(13) The prohibition imposed by section 1(2) of the Act, as read with paragraph (8), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019 U.K.

30 (1) The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019 (S.S.I. 2019/419) is amended as follows. U.K.

(2) In article 2 (interpretation), in paragraph (1), omit the definition of “British fishing boat”.

(3) In article 3 (prohibited methods of fishing), in paragraphs (1), (2) and (3), omit “British”.

PART 3 U.K. Northern Ireland

The Inshore Fishing (Prohibition of Fishing and Fishing Methods) Regulations (Northern Ireland) 1993 U.K.

31 (1) The Inshore Fishing (Prohibition of Fishing and Fishing Methods) Regulations (Northern Ireland) 1993 (S.R. (N.I.) 1993 No. 155) are amended as follows. U.K.

(2) In regulation 4 (exceptions), omit “to any person who is not a British citizen or”.

The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998 U.K.

32 (1) The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998 (Northern Ireland) 1998 (S.R. (N.I.) 1998 No. 414) are amended as follows. U.K.

(2) In regulation 4 (exceptions), omit paragraph (a).

The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 U.K.

33 (1) The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 (S.R. (N.I.) 2000 No. 200) is amended as follows. U.K.

(2) In article 2 (interpretation)—

(a) omit the definition of “British fishing boat”;

(b) for the definition of “foreign fishing boat” substitute—

““foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);”.

(3) For article 4 substitute—

“Exemptions U.K.

4 The prohibitions imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

The Conservation of Scallops Regulations (Northern Ireland) 2008 U.K.

34 (1) The Conservation of Scallops Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 430) are amended as follows. U.K.

(2) In regulation 2 (interpretation), omit the definition of “British fishing boat”.

(3) In regulation 3 (prohibition of fishing and fishing methods) in paragraphs (3), (4), (7)(b) and (8), omit “British”.

(4) In regulation 4 (exemptions), omit paragraph (a).

The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 U.K.

35 (1) The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 152) are amended as follows. U.K.

(2) In regulation 2 (interpretation), for the definition of “foreign fishing boat” substitute—

““foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);”.

(3) For regulation 5 (exemptions) substitute—

“Exemptions U.K.

5 (1) The obligations and prohibitions imposed by regulations 3 and 4 do not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act.

(2) The obligations and prohibitions imposed by regulations 3 and 4 do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

The Edible Crabs (Undersized) Order (Northern Ireland) 2020 U.K.

36 (1) The Edible Crabs (Undersized) Order (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 153) is amended as follows. U.K.

(2) In article 2 (interpretation), for the definition of “foreign fishing boat” substitute—

““foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);”.

(3) For article 4 (exemptions) substitute—

“Exemptions U.K.

4 (1) The prohibition imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, does not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act.

(2) The prohibition imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, does not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.”

Yn ddilys o 31/12/2020

Section 18

SCHEDULE 3 U.K. Sea fishing licences: further provision

Power to attach conditions to sea fishing licence U.K.

1 (1) A sea fish licensing authority may, on granting a sea fishing licence, attach to the licence such conditions as appear to it to be necessary or expedient for the regulation of sea fishing (including conditions which do not relate directly to fishing). U.K.

(2) The conditions that may be attached to a sea fishing licence include, in particular, conditions—

(a) as to the landing of fish or parts of fish (including specifying the ports at which catches are to be landed);

(b) as to the use to which the fish caught may be put;

(c) restricting the time the fishing boat may spend at sea (whether for the purpose of fishing or otherwise);

(d) which are imposed for the purposes of conserving or enhancing the marine and aquatic environment.

(3) Where a sea fish licensing authority attaches a condition under sub-paragraph (2)(c) to a licence, it may include in the licence provision as to the circumstances in which time is, or is not, to count as time spent at sea for the purposes of the condition.

(4) If a licence condition is broken, the master, the owner and the charterer (if any) of the fishing boat named in the licence are each guilty of an offence.

(5) For further provision about an offence under sub-paragraph (4) (including provision as to penalties), see sections 19 to 21.

Power to vary, suspend or revoke sea fishing licence etc U.K.

2 (1) A sea fish licensing authority may from time to time— U.K.

(a) vary a sea fishing licence it has granted so as to alter the authority the licence confers, or

(b) add, remove or vary a condition attached to a sea fishing licence it has granted.

(2) A sea fish licensing authority may suspend or revoke a sea fishing licence it has granted if this appears to it to be—

(a) necessary or expedient for the regulation of sea fishing, or

(b) appropriate in a case where there is—

(i) a contravention of the prohibition in section 14(1) or 16(1), or

(ii) a contravention of a condition attached to the licence.

(3) Where—

(a) a sea fish licensing authority exercises the power in sub-paragraph (1) or (2), and

(b) a charge in respect of the sea fishing licence in question has been made in accordance with regulations under paragraph 7(3),

the authority may, if it considers it appropriate in all the circumstances of the case, refund the whole or part of the charge.

Power to obtain information U.K.

3 (1) A sea fish licensing authority may require the master, the owner and the charterer (if any) of the fishing boat named in a sea fishing licence granted by the authority to provide such information, in such form, as the authority may direct. U.K.

(2) A person who fails without reasonable excuse to comply with such a requirement is guilty of an offence.

(3) Any person who—

(a) for the purpose of obtaining a sea fishing licence, or

(b) in purported compliance with sub-paragraph (1),

provides information which the person knows to be false in a material particular or recklessly provides information which is false in a material particular is guilty of an offence.

(4) For further provision about an offence under sub-paragraph (2) or (3) (including provision as to penalties), see sections 19 to 21.

Duty to comply with request of another sea fish licensing authority U.K.

4 (1) This paragraph applies where— U.K.

(a) a sea fish licensing authority exercises its licensing functions in relation to sea fishing licences granted in respect of fishing boats of a particular description so as to—

(i) limit the authority conferred by the licences, or

(ii) attach conditions to the licences; and

(b) the limit or conditions mentioned in paragraph (a) apply when the fishing boats are in an area for which the authority is responsible.

(2) The sea fish licensing authority mentioned in sub-paragraph (1) (“the requesting authority”) may request any other sea fish licensing authority (“the other authority”) to exercise its licensing functions in such a way that the licences granted by the other authority in respect of fishing boats of the same description, so far as they confer authority in relation to the area mentioned in sub-paragraph (1)(b), are made subject to the limit or conditions mentioned in sub-paragraph (1)(a).

(3) The other authority must comply with the request unless, in its opinion, it is unreasonable to do so.

(4) References in this paragraph to an area for which a sea fish licensing authority is responsible are—

(a) in the case of the Scottish Ministers, to an area in Scotland or the Scottish zone;

(b) in the case of the Welsh Ministers, to an area in Wales or the Welsh zone;

(c) in the case of the Northern Ireland department, to an area in Northern Ireland or the Northern Ireland zone;

(d) in the case of the Marine Management Organisation, to any other area within British fishery limits.

Use of licensing functions to limit fishing activity U.K.

5 U.K. A sea fish licensing authority may exercise its licensing functions so as to limit—

(a) the number of fishing boats, or any class of fishing boats, engaged in fishing in any area, or

(b) fishing in any area for any description of fish,

to such extent as appears to it to be necessary or expedient for the regulation of sea fishing.

Power to arrange for licensing functions to be exercised by others U.K.

6 (1) A sea fish licensing authority may make arrangements for any of its licensing functions to be exercised by other persons on its behalf. U.K.

(2) Arrangements made by a sea fish licensing authority under this paragraph do not affect that authority's responsibility for the exercise of the licensing function in question.

(3) A public authority that exercises functions on behalf of a sea fish licensing authority under this paragraph may charge that authority such fees as it considers reasonable in respect of the cost of doing so.

(4) This paragraph does not confer power on a sea fish licensing authority to make arrangements for a licensing function to be exercised on its behalf by another sea fish licensing authority (see instead section 43 (agency arrangements between sea fish licensing authorities)).

Regulations about the licensing of fishing boats U.K.

7 (1) The relevant national authority may by regulations make provision— U.K.

(a) as to the manner in which a sea fish licensing authority's licensing functions are to be exercised;

(b) as to the time when—

(i) a sea fishing licence, or a variation, suspension or revocation of a sea fishing licence, has effect, or

(ii) a condition attached to a sea fishing licence, or the addition, removal or variation of such a condition, has effect.

(2) Regulations under sub-paragraph (1) may, in particular, include provision—

(a) for documents to be delivered, or notices given, to the nominees of persons to whom licences are granted;

(b) for documents or notices to be treated as delivered or given if they are posted or otherwise communicated in accordance with the regulations;

(c) for notices to be given by publication in newspapers;

(d) as to the transitional effects of variations.

(3) The relevant national authority may by regulations make provision authorising the making of charges in relation to a sea fishing licence.

(4) Regulations under sub-paragraph (3) may, in particular—

(a) make provision for the amount of any charge to be specified in, or determined in accordance with provision made by, the regulations;

(b) make different provision in relation to different classes of licence;

(c) make provision for no charge to be payable in such circumstances as may be specified in the regulations.

(5) The relevant national authority must by regulations make provision as to the principles that are to be applied by a sea fish licensing authority in exercising its functions in relation to conditions attached to a sea fishing licence under paragraph 1(2)(c) (conditions as to time spent at sea).

(6) A principle of the kind to which sub-paragraph (7) applies may not be included in any regulations under sub-paragraph (5) which make provision for principles of any other kind.

(7) This sub-paragraph applies to a principle providing for a reduction in the time which all fishing boats, or all fishing boats of a specified description, may spend at sea during any period by comparison with the time which they, or fishing boats of that description, were permitted to spend (or spent or were treated as spending) during a specified previous period (making any necessary adjustment where the periods are of different lengths); and for this purpose “description” means description framed by reference to size of fishing boat, method or area of fishing or description of fish.

(8) Regulations under sub-paragraph (5) providing for a principle of the kind to which sub-paragraph (7) applies are subject to the affirmative resolution procedure.

(9) Any other regulations under this paragraph are subject to the negative resolution procedure.

(10) In this paragraph “the relevant national authority” means—

(a) the Scottish Ministers, in relation to regulations containing provision about the licensing of—

(i) Scottish fishing boats, or

(ii) foreign fishing boats in Scotland or the Scottish zone;

(b) the Welsh Ministers, in relation to regulations containing provision about the licensing of—

(i) Welsh fishing boats, or

(ii) foreign fishing boats in Wales or the Welsh zone;

(c) the Northern Ireland department, in relation to regulations containing provision about the licensing of—

(i) Northern Ireland fishing boats, or

(ii) foreign fishing boats in Northern Ireland or the Northern Ireland zone;

(d) the Secretary of State, in relation to regulations containing provision about the licensing of—

(i) British fishing boats that are not Scottish, Welsh or Northern Ireland fishing boats, or

(ii) foreign fishing boats outside Scotland and the Scottish zone, Wales and the Welsh zone, and Northern Ireland and the Northern Ireland zone.

Power of Secretary of State under paragraph 7 where consent obtained U.K.

8 (1) Provision which could be included in regulations made by the Scottish Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Scottish Ministers. U.K.

(2) Provision which could be included in regulations made by the Welsh Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Welsh Ministers.

(3) Provision which could be included in regulations made by the Northern Ireland department under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Northern Ireland department.

Interpretation U.K.

9 U.K. In this Schedule “licensing function” means a function of a sea fish licensing authority under—

(a) section 15 or 17,

(b) paragraphs 1 to 4 of this Schedule, or

(c) regulations under paragraph 7 of this Schedule.

Yn ddilys o 31/12/2020

Section 22

SCHEDULE 4 U.K. Access and licensing: minor and consequential amendments

PART 1 U.K. Access to British fisheries by foreign fishing boats

Sea Fish Industry Act 1962 U.K.

1 U.K. Section 17 of the Sea Fish Industry Act 1962 (exemption from s.2 of the Fishery Limits Act 1976 for operations for scientific and certain other purposes) is repealed.

Sea Fisheries Act 1968 U.K.

2 (1) The Sea Fisheries Act 1968 is amended as follows. U.K.

(2) In section 8 (general powers of British sea-fishery officers)—

(a) in subsection (1), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ of section 12 of the Fisheries Act 2020 ”;

(b) in subsection (4), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ section 12 of the Fisheries Act 2020 ”.

(3) In section 12 (recovery of fines imposed on master etc or crew), in subsections (1) and (2), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

(4) In section 13 (compensation for damage caused by offence), in subsections (2) and (4), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

(5) In section 14 (jurisdiction to try offences), omit “or section 2 of the Fishery Limits Act 1976”.

Fishery Limits Act 1976 U.K.

3 (1) Section 2 of the Fishery Limits Act 1976 (access to British fisheries) is repealed. U.K.

(2) In consequence of the repeal made by sub-paragraph (1), the following provisions of the Fishery Limits Act 1976 are also repealed—

(a) in section 8 (interpretation), the following definitions—

• “relevant British fishery limits”;

• “the Scottish zone”;

• “sea fish”;

• “wholly British-owned”;

(b) in Schedule 3 (transitional provisions), paragraphs 1 and 7.

Subordinate legislation made under section 2 of the Fishery Limits Act 1976 U.K.

4 U.K. The following orders were made (or have effect as if made) under powers contained in section 2 of the Fishery Limits Act 1976 and are therefore revoked by virtue of paragraph 3(1)—

(a) the Fishing Boats (France) Designation Order 1965 (S.I. 1965/1241);

(b) the Fishing Boats (Republic of Ireland) Designation Order 1965 (S.I. 1965/1448);

(c) the Fishing Boats (Belgium) Designation Order 1965 (S.I. 1965/1569);

(d) the Foreign Fishing Boats (Stowage of Gear) Order 1970 (S.I. 1970/318);

(e) the Fishing Boats (European Economic Community) Designation Order 1983 (S.I. 1983/253);

(f) the Fishing Boats (European Economic Community) Designation (Variation) Order 1986 (S.I. 1986/382);

(g) the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 (S.I. 1992/3108);

(h) the Fishing Boats (European Economic Community) Designation (Variation) Order 1996 (S.I. 1996/248);

(i) the Fishing Boats (Specified Countries) Designation Order 1996 (S.I. 1996/1035);

(j) the Fishing Boats (Specified Countries) Designation (Variation) Order 1997 (S.I. 1997/1630);

(k) the Fishing Boats Designation (England) Order 2015 (S.I. 2015/648);

(l) the Fishing Boats Designation (England) (Amendment) Order 2017 (S.I. 2017/1219).

Fishery Limits Act 1976 (Guernsey) Order 1989 U.K.

5 U.K. The Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407) is revoked.

PART 2 U.K. Licensing of fishing boats

Sea Fish (Conservation) Act 1967 U.K.

6 (1) The Sea Fish (Conservation) Act 1967 is amended as follows. U.K.

(2) Omit section 4 (licensing of fishing boats).

(3) In section 4AA (restrictions on time spent at sea: appeals)—

(a) in subsection (2)(a), for “section 4 of this Act” substitute “ section 15 or 17 of the Fisheries Act 2020 ”;

(b) in subsection (4), for “order made under section 4(6C) of this Act” substitute “ regulations made under paragraph 7(5) of Schedule 3 to the Fisheries Act 2020 ”.

(4) In section 4B (regulations supplementary to sections 4 and 4A)—

(a) in the heading, for “sections 4 and 4A” substitute “ section 4A ”;

(b) in subsection (1)(a), omit “4 or”.

(5) In section 4C (provisions supplementary to sections 4 and 4A: evidence)—

(a) in the heading, for “Provisions supplementary to sections 4 and 4A” substitute “ Proceedings for offences relating to licences ”;

(b) in subsection (1)(a), for “condition included in a licence by virtue of section 4(6) or 4A(6) of this Act” substitute “ relevant condition ”;

(c) in subsection (1), in the closing words, for “an offence under section 4 or 4A” substitute “ a relevant offence ”;

(d) in subsection (2), in the opening words, for “an offence under section 4 or 4A” substitute “ a relevant offence ”;

(e) in subsection (2)(c)(i)—

(i) for “condition imposed under section 4(6) or 4A(6)” substitute “ relevant condition ”;

(ii) for “condition imposed under section 4(6)” substitute “ relevant condition within subsection (3A)(a) ”;

(f) in subsection (2)(c)(ii), for “requirement under section 4(7) or 4A(7)” substitute “ relevant requirement ”;

(g) after subsection (3) insert—

“(3A) In this section “relevant condition” means a condition—

(a) attached, by virtue of paragraph 1 of Schedule 3 to the Fisheries Act 2020, to a sea fishing licence granted under section 15 or 17 of that Act, or

(b) included by virtue of subsection (6) of section 4A of this Act in a licence granted under that section.

(3B) In this section “relevant offence” means—

(a) an offence under section 14(6) or 16(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 (offences relating to sea fishing licences), or

(b) an offence under section 4A of this Act.

(3C) In this section “relevant requirement” means—

(a) a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain information in connection with sea fishing licence), or

(b) a requirement under section 4A(7) of this Act.”

(6) In section 9 (exemption for operations for scientific and other purposes), in subsection (5), omit “4,”.

(7) In section 11 (penalties for offences)—

(a) in subsection (1)—

(i) in paragraph (a) (as it has effect in Scotland and Northern Ireland), omit “4(3), (6) or (9A)”;

(ii) in paragraph (b) (as it has effect in Northern Ireland), omit “4(9A)”;

(iii) in paragraph (c) (as it has effect in Scotland and Northern Ireland), omit “4(7) or (7A)”;

(b) in subsection (2)—

(i) in the opening words as they have effect in England and Wales and Northern Ireland, omit “4(3), (6) and (9A)”;

(ii) in those words as they have effect in Scotland, omit “4(3) and (6)”;

(iii) in paragraph (c) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

(iv) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

(v) in paragraph (d) as it has effect in England and Wales and Northern Ireland, omit “section 4(3), (6) or (9A) or”;

(vi) in that paragraph as it has effect in Scotland, omit “section 4(3) or (6) or”;

(c) in subsection (3) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A)”;

(d) in that subsection as it has effect in Scotland, omit “4(3) or (6)”.

(8) In section 14 (jurisdiction of court to try offences), omit “4,”.

(9) In section 15 (powers of British sea-fishery officers for enforcement of Act)—

(a) in subsection (2)—

(i) in paragraph (b) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

(ii) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

(iii) in that paragraph, after “this Act” insert “ , or under section 14(6) or 16(6) of, or paragraph 1(4) of Schedule 3 to, the Fisheries Act 2020, ”;

(iv) in paragraph (c), for the words after “an order under”, substitute “ section 5 of this Act or by section 15 or 17 of the Fisheries Act 2020; ”;

(b) in subsection (3), at the end insert “ or any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions. ”;

(c) in subsection (3A)(a)(i)—

(i) omit “4(6) or”;

(ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”;

(d) in subsection (3B)—

(i) omit “4(6) or”;

(ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”.

(10) In section 18 (enforcement of orders in relation to salmon and migratory trout)—

(a) in subsection (1)—

(i) in the opening words, omit “4,”;

(ii) in paragraph (b), omit “section 4 of this Act, and”;

(b) in subsections (2) and (3), omit “4,”.

(11) In section 20 (orders)—

(a) in subsection (2), omit “4,”;

(b) in subsection (5)—

(i) omit “4,”;

(ii) after “thereunder,” insert “ and a statutory instrument containing an order made under section 15 in relation to any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions, ”;

(iii) omit “(5A) or”;

(c) omit subsections (5A) and (5B).

(12) In section 22 (interpretation)—

(a) in subsection (1), at the appropriate place, insert—

““British fishing boat” means a fishing boat—

(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,

(b) which is British-owned, or

(c) which is registered under the law of Jersey, Guernsey or the Isle of Man;”;

(b) in that subsection, in the definition of “sea fish”, omit “4,”;

(c) after subsection (1) insert—

“(1A) In any order or regulations made under this Act “foreign fishing boat” means (unless the contrary intention appears) a fishing boat which is not a British fishing boat.”

(13) In section 22A (application to Scotland)—

(a) in subsection (3), for “sections 4 and” substitute “ section ”;

(b) in subsection (4), for “sections 4(4) and” substitute “ section ”;

(c) omit subsection (9A);

(d) in subsection (11)(b), after “approval”, in the second place it occurs, insert “ or annulment ”.

Fishery Limits Act 1976 U.K.

7 U.K. In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).

Fisheries Act 1981 U.K.

8 U.K. In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Sea Fish (Conservation) Act 1992 U.K.

9 U.K. In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Government of Wales Act 2006 U.K.

10 (1) The Government of Wales Act 2006 is amended as follows. U.K.

(2) In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers)—

(a) in paragraph 1(2), in the table, in the entry for the Sea Fish (Conservation) Act 1967, in column 2—

(i) omit “(a) section 4 (licensing of fishing boats), and”;

(ii) for “sections 4 and” substitute “ section ”;

(b) in paragraph 2(2)(b), omit sub-paragraph (i);

(c) in paragraph 2(3), omit “4 or”.

Marine and Coastal Access Act 2009 U.K.

11 (1) The Marine and Coastal Access Act 2009 is amended as follows. U.K.

(2) In section 4 (licensing of fishing boats)—

(a) omit subsections (1) to (6);

(b) in subsection (7), for “that section” substitute “ section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) ”.

(3) In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish (Conservation) Act 1967), omit “4 or”.

(4) In section 196 (charging for commercial fishing licences), omit subsection (1).

(5) Omit section 197 (grant of licences subject to conditions imposed for environmental purposes).

(6) In section 284 (power to require production of certain equipment), in subsection (2)(a), for “section 4(6) or” substitute “ paragraph 1 of Schedule 3 to the Fisheries Act 2020 or section ”.

Sea Fish (Specified Manx Waters) Licensing Order 1990 U.K.

12 U.K. The Sea Fish (Specified Manx Waters) Licensing Order 1990 (S.I. 1990/2051) is revoked.

Sea Fish Licensing Order 1992 U.K.

13 (1) The Sea Fish Licensing Order 1992 (S.I. 1992/2633) is amended as follows. U.K.

(2) Articles 2 and 3, and the Schedule, were made under powers contained in section 4 of the Sea Fish (Conservation) Act 1967 and are therefore revoked by virtue of paragraph 6(2).

(3) In article 4—

(a) in paragraph (1), for “this Order” substitute “ section 14 of the Fisheries Act 2020 ”;

(b) in paragraph (3)(c), for “section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order” substitute “ section 14(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 ”;

(c) in paragraph (4), for “this Order” substitute “ section 14 of the Fisheries Act 2020 ”.

Sea Fish Licensing (Time at Sea) (Principles) Order 1993 U.K.

14 (1) The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) is amended as follows. U.K.

(2) Article 2 (interpretation) is amended in accordance with sub-paragraphs (3) and (4).

(3) In paragraph (1)—

(a) in the definition of “the Act”, for “Sea Fish (Conservation) Act 1967” substitute “ Fisheries Act 2020 ”;

(b) for the definition of “the appropriate Minister” substitute—

““the sea fish licensing authority” means—

(a) in relation to a Scottish fishing boat, the Scottish Ministers;

(b) in relation to a Welsh fishing boat, the Welsh Ministers;

(c) in relation to a Northern Ireland fishing boat, the Northern Ireland department;

(d) in relation to any other British fishing boat, the Marine Management Organisation;”;

(c) in the definition of “compulsory returns”, in both places, for “appropriate Minister” substitute “ sea fish licensing authority ”;

(d) in the definition of “licence”, for “section 4” substitute “ section 15 or 17 ”;

(e) in the definition of “principles”, for “section 20(5B) of” substitute “ paragraph 7(7) of Schedule 3 to ”;

(f) in the definition of “time at sea condition”, for “section 4(6)(c) of” substitute “ paragraph 1(2)(c) of Schedule 3 to ”;

(g) in the definition of “voluntary returns”, for “appropriate Minister” substitute “ sea fish licensing authority ”.

(4) In paragraph (2)(c), for “the Act” substitute “ the Sea Fish (Conservation) Act 1967 ”.

(5) In Article 3 (principles), for “on which the time which vessels may spend at sea is to be arrived at for the purposes of” substitute “ that are to be applied by the sea fish licensing authority in exercising its functions in relation to ”.

Sea Fishing (Licences and Notices) Regulations 1994 U.K.

15 (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows. U.K.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in the heading, after “commencement” insert “ , application ”;

(b) after paragraph (1) insert—

“(1A) These regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of Welsh fishing boats, or

(ii) by the Welsh Ministers in respect of foreign fishing boats.”;

(c) in paragraph (2), for the definition of “licence” substitute—

““licence” means a licence to which these regulations apply (see regulation 1(1A));”;

(d) in paragraph (2), in the definition of “nominee”, in paragraph (b), for “in a member State and having a place of business” substitute “ , and having a place of business, ”;

(e) in paragraph (2), for the definition of “sea fishing licence” substitute—

““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);”;

(f) in paragraph (2), at the end insert—

““temporary foreign vessel licence” means a licence that—

(a) is granted in respect of a foreign fishing boat, and

(b) has effect for a period of no more than three weeks;

“Welsh fishing boat” means a fishing boat—

(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

(b) whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.”

(3) In regulation 2 (communication of licences and notices)—

(a) in paragraph (1), in the opening words—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) for “a nominee” substitute “ an appropriate recipient ”;

(b) in paragraph (1), for sub-paragraph (d) substitute—

“(d) subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.”;

(c) for paragraph (2) substitute—

“(2) A notice shall be effected by communicating it to an appropriate recipient—

(a) in any of the ways specified in paragraph (1);

(b) by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or

(c) in accordance with paragraph (3).”;

(d) after that paragraph insert—

“(2A) In paragraphs (1) and (2), “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a Welsh fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of that owner or charterer;

(b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

(2B) A temporary foreign vessel licence shall be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Welsh Ministers or of a person granting the licence on their behalf.

(2C) In paragraph (2B), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”;

(e) in paragraph (3), in the closing words, omit “granted by the appropriate Minister,”;

(f) after paragraph (4) insert—

“(5) A notice, other than a notice published in accordance with paragraph (3), must—

(a) specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or

(b) in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences.

(6) A licence, other than a temporary foreign vessel licence, or notice may be communicated to a person by means of an electronic communication only if the following conditions are met—

(a) the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and

(b) the person has specified an address for the purpose of receiving such communications.”

(4) In regulation 3 (delivery of licences and giving of notices)—

(a) in the heading, for “Delivery” substitute “ Granting ”;

(b) in paragraphs (1) and (2), for “delivered” substitute “ granted ”;

(c) in paragraph (3)—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) for “a nominee's” substitute “ an ”;

(iii) for “delivered” substitute “ granted ”;

(d) after paragraph (3) insert—

“(3A) In relation to a licence or notice transmitted by electronic means at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour.

(3B) A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published in accordance with that provision.

(3C) A temporary foreign vessel licence communicated in accordance with regulation 2(2B) shall be treated as granted immediately it is published in accordance with that provision.”;

(e) in paragraph (5) (in each place it occurs), for “delivered” substitute “ granted ”.

(5) In regulation 4 (time at which licences and notices to have effect)—

(a) in paragraph (a)—

(i) after “2(1)” insert “ or (2B) ”;

(ii) omit “, and a notice which is communicated in accordance with regulation 2(2)(b),”;

(iii) for “delivered or given” substitute “ granted ”;

(b) in paragraph (b), omit the “and” at the end;

(c) after that paragraph (b) insert—

“(ba) a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and”.

Scotland Act (Agency Arrangements) (Specification) Order 1999 U.K.

16 (1) The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/1512) is amended as follows. U.K.

(2) In Schedule 1 (functions conferred on Minister of the Crown), omit paragraph 1.

(3) In Schedule 2 (functions exercisable by Scottish Ministers), omit paragraph 1.

Scotland Act 1998 (Concurrent Functions) Order 1999 U.K.

17 (1) The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) is amended as follows. U.K.

(2) In Schedule 1—

(a) in column 1, omit the entry for section 4 of the Sea Fish (Conservation) Act 1967, and

(b) omit the corresponding entry in column 2.

Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 U.K.

18 (1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.S.I. 2011/70) are amended as follows. U.K.

(2) In regulation 1 (citation, commencement, extent and application)—

(a) in paragraph (2), omit the words from “and the Scottish zone only” to the end;

(b) for paragraph (3) substitute—

“(3) These regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Scottish fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Scottish Ministers; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of Scottish fishing boats, or

(ii) by the Scottish Ministers in respect of foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) for the definition of “licence” substitute—

““licence” means a licence to which these regulations apply (see regulation 1(3));”;

(b) in the definition of “nominee”—

(i) in paragraph (b) for “a member State” substitute “ the United Kingdom ”;

(ii) in the closing words, omit “Scottish”;

(c) in the definition of “Scottish fishing boat”, omit “; and in respect of which the Scottish Ministers may grant or have granted a licence”;

(d) for the definition of “sea fishing licence” substitute—

““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(3)(a) or (b);”;

(e) after that definition insert—

• ““temporary foreign vessel licence” means a licence that—

  (a)

  is granted in respect of a foreign fishing boat, and

  (b)

  has effect for a period of no more than three weeks.”

(4) In regulation 3 (communication of licences and notices)—

(a) in paragraph (1), in the opening words—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) for “Scottish fishing boat” substitute “ fishing boat ”;

(b) in paragraph (1), in sub-paragraphs (a) and (b), after “charterer or” insert “ , in the case of a Scottish fishing boat, ”;

(c) after that paragraph insert —

“(1A) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Scottish Ministers or of a person granting the licence on their behalf.

(1B) In paragraph (1A), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”;

(d) in paragraph (2)—

(i) in sub-paragraph (a), at the beginning, insert “ in the case of a Scottish fishing boat ”;

(ii) in sub-paragraph (b), omit “Scottish”;

(e) in paragraphs (3) and (4), for “Scottish fishing boat” substitute “ fishing boat ”.

(5) In regulation 4 (delivery of licences and giving of notices)—

(a) in the heading, for “Delivery” substitute “ Granting ”;

(b) in paragraphs (1) and (2), for “delivered” substitute “ granted ”;

(c) in paragraph (3)—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) for “a nominee's” substitute “ an ”;

(iii) for “delivered” substitute “ granted ”;

(d) after paragraph (3) insert—

“(3A) In relation to a licence or notice transmitted by electronic communication at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour.

(3B) A temporary foreign vessel licence communicated in accordance with regulation 3(1A) is to be treated as granted immediately it is published in accordance with that provision.”;

(e) in paragraph (5) (in both places), for “delivered” substitute “ granted ”.

(6) In regulation 5 (time at which licences and notices to have effect), in paragraph (a)—

(a) after “3(1)” insert “ or (1A) ”;

(b) for “delivered” substitute “ granted ”.

Sea Fishing (Licences and Notices) (England) Regulations 2012 U.K.

19 (1) The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827) are amended as follows. U.K.

(2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute—

“(2) These regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of relevant fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Marine Management Organisation; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of relevant fishing boats, or

(ii) by the Marine Management Organisation in respect of foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) for the definition of “licence” substitute—

““licence” means a licence to which these regulations apply (see regulation 1(2));”;

(b) in the definition of “nominee”—

(i) in paragraph (b), for “in a member State and having a place of business” substitute “ , and having a place of business, ”;

(ii) in the closing words, omit “relevant”;

(c) for the definition of “notice” substitute—

““notice” means a notice of variation, suspension or revocation of a licence;”;

(d) for the definition of “relevant fishing boat” substitute—

““relevant fishing boat” means a British fishing boat other than a fishing boat—

(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

(b) whose entry in the register specifies a port in Scotland, Wales or Northern Ireland as the port to which the boat is to be treated as belonging;”;

(e) at the end insert—

““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b);

“temporary foreign vessel licence” means a licence that—

(a) is granted in respect of a foreign fishing boat, and

(b) has effect for a period of no more than three weeks.”

(4) In regulation 3 (communication of licences and notices)—

(a) in paragraph (1)—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) for the words from “the owner” to the end substitute “ an appropriate recipient (“P”) ”;

(b) after that paragraph insert—

“(1A) In paragraph (1) “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a relevant fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of the owner or charterer;

(b) in relation to a licence or a notice, relating to a foreign fishing boat, the owner or charterer of the fishing boat.”;

(c) in paragraph (2), after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(d) after paragraph (3) insert —

“(3A) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Marine Management Organisation or of a person granting the licence on its behalf.

(3B) In paragraph (3A), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”;

(e) omit paragraph (8).

(5) In regulation 4 (time at which licences are delivered and notice given)—

(a) in the heading and paragraphs (1), (2), (3) and (4), for “delivered” substitute “ granted ”;

(b) after paragraph (4) insert—

“(4A) In relation to a licence or notice transmitted by means of an electronic communication at any time during January 2021, the reference in paragraph (4) to 24 hours is to be read as a reference to one hour.

(4B) A temporary foreign vessel licence communicated as described in regulation 3(3A) is treated as granted immediately it is published in accordance with that provision.”;

(c) in paragraph (7) (in both places), for “delivered” substitute “ granted ”.

(6) In regulation 5 (time at which licences and notices have effect), in paragraph (a), for “delivered” substitute “ granted ”.

Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 U.K.

20 (1) The Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 209) are amended as follows. U.K.

(2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute—

“(2) These Regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Northern Ireland fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Department; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of Northern Ireland fishing boats, or

(ii) by the Department in respect of foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) in the definition of “the Department”, for “of Agriculture and Rural Development” substitute “ of Agriculture, Environment and Rural Affairs ”;

(b) for the definition of “licence” substitute—

““licence” means a licence to which these regulations apply (see regulation 1(2));”;

(c) in the definition of “nominee”—

(i) in paragraph (b) for “in a member State of the European Union and having a place of business” substitute “ , and having a place of business, ”;

(ii) in the closing words, omit “Northern Ireland”;

(d) for the definition of “Northern Ireland fishing boat” substitute—

““Northern Ireland fishing boat” means a fishing boat—

(a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

(b) whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;”;

(e) for the definition of “sea fishing licence” substitute—

““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b);”;

(f) after that definition insert—

• ““temporary foreign vessel licence” means a licence that—

  (a)

  is granted in respect of a foreign fishing boat, and

  (b)

  has effect for a period of no more than three weeks.”

(4) In regulation 3 (manner in which a licence is granted etc)—

(a) in paragraph (1)—

(i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

(ii) omit “Northern Ireland”;

(iii) for the words from “the owner or charterer of the boat” to the end substitute “ an appropriate recipient ”;

(b) in paragraph (2), after “A licence” insert “ (other than a temporary foreign vessel licence) ”;

(c) in paragraph (3), for the words from “the owner or charterer of the boat” to the end substitute “ an appropriate recipient ”;

(d) after paragraph (4) insert—

“(4A) In paragraphs (1) to (4), “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a Northern Ireland fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of that owner or charterer;

(b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

(4B) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by delivering it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Department or of a person granting the licence on its behalf.

(4C) In paragraph (4B), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”

(5) In regulation 4 (time when licences are delivered and notices given), after paragraph (4) insert—

“(4A) In relation to a licence or notice transmitted by means of an electronic communication at any time during January 2021, the reference in paragraph (4) to 24 hours is to be read as a reference to one hour.

(4B) A temporary foreign vessel licence delivered as described in regulation 3(4B) is treated as delivered immediately it is published in accordance with that provision.”

(6) In regulation 5 (time when licences, variations, suspensions or revocations have effect), in paragraph (a), after “3(2)” insert “ or (4B) ”.

Sea Fish Licensing (England) Order 2015 U.K.

21 U.K. The Sea Fish Licensing (England) Order 2015 (S.I. 2015/647) is revoked.

Sea Fish Licensing (Wales) Order 2019 U.K.

22 U.K. The Sea Fish Licensing (Wales) Order 2019 (S.I. 2019/507 (W. 117)) (which has not come into force) is revoked.

Sea Fishing (Licences and Notices) (Wales) Regulations 2019 U.K.

23 U.K. The Sea Fishing (Licences and Notices) (Wales) Regulations 2019 (S.I. 2019/500 (W. 116)) (which have not come into force) are revoked.

Sea Fish Licensing (England) (EU Exit) Regulations 2019 U.K.

24 U.K. The Sea Fish Licensing (England) (EU Exit) Regulations 2019 (S.I. 2019/523) (which have not come into force) are revoked.

Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019 U.K.

25 U.K. The Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/87) (which has not come into force) is revoked.

Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019 U.K.

26 U.K. The Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/88) (which have not come into force) are revoked.

Fishing Boats Designation (EU Exit) (Scotland) Order 2019 U.K.

27 U.K. The Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/345) (which has not come into force) is revoked.

PART 3 U.K. Transitional provision

Licences in respect of British fishing boats U.K.

28 (1) Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Scottish fishing boat. U.K.

(2) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Scottish Ministers under section 15.

(3) Sub-paragraph (4) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Welsh fishing boat.

(4) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Welsh Ministers under section 15.

(5) Sub-paragraph (6) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Northern Ireland fishing boat.

(6) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Northern Ireland department under section 15.

(7) Sub-paragraph (8) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a British fishing boat that is not a Scottish, Welsh or Northern Ireland fishing boat.

(8) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Marine Management Organisation under section 15.

(9) A licence that is treated by this paragraph as granted under section 15 is to be read subject to the necessary modifications.

Licence conditions U.K.

29 (1) Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967. U.K.

(2) Any condition included in the licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been attached to the licence under paragraph 1 of Schedule 3.

(3) A condition that is treated by this paragraph as attached to a licence under paragraph 1 of Schedule 3 is to be read subject to any necessary modifications.

Regulations U.K.

30 (1) Regulations made under section 4B of the Sea Fish (Conservation) Act 1967 (regulations supplementary to sections 4 and 4A of that Act) in relation to licences under section 4 of that Act have effect on and after the coming into force of paragraph 6(2) as if they were made under paragraph 7(1) of Schedule 3 to this Act. U.K.

(2) The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) (as amended under Part 2 of this Schedule) has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it were made under paragraph 7(5) of Schedule 3 to this Act.

Continuity of the law U.K.

31 (1) This paragraph applies where any provision of this Act re-enacts (with or without modification) an enactment repealed by Part 2 of this Schedule. U.K.

(2) The repeal and re-enactment does not affect the continuity of the law.

(3) Anything done (including any subordinate legislation made) or having effect as if done, under or for the purposes of the repealed provision that could have been done under or for the purposes of the corresponding provision of this Act, if in force or effective immediately before the commencement of that corresponding provision, has effect thereafter as if done under or for the purposes of that corresponding provision.

(4) Any reference (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding repealed provision had effect, a reference to that corresponding provision.

(5) Any reference (express or implied) in any enactment, instrument or document to a repealed provision shall be construed (so far as the context permits) as respects times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, as being or (according to the context) including a reference to the corresponding provision of this Act.

(6) This paragraph has effect subject to any specific transitional provision or saving contained in or made under this Act.

(7) In this paragraph a reference to an enactment being repealed includes its being revoked, or amended so that it no longer applies in any case.

(8) In this paragraph “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Yn ddilys o 23/01/2021

Section 27

SCHEDULE 5 U.K. Sale of Welsh fishing opportunities

1 U.K. The Welsh Ministers may by regulations make provision for the sale of—

(a) rights to use one or more Welsh catch quotas;

(b) rights to use one or more Welsh effort quotas.

2 U.K. A right to use a Welsh catch or effort quota that is sold in accordance with the regulations is exercisable in relation to such fishing boats, by such persons, in such manner, and subject to such conditions, as may be specified in or in accordance with the regulations.

3 U.K. The regulations may include provision—

(a) for rights to be sold by competitive tender or auction;

(b) for a competitive tender process or auction to be run by such person as the regulations may designate;

(c) conferring functions (including functions involving the exercise of a discretion) on a person running a competitive tender process or auction, or on any other person;

(d) specifying persons, or descriptions of person, who are eligible or ineligible to buy rights;

(e) requiring a person to pay a deposit, or do any other thing, in order to be eligible to buy rights;

(f) requiring or prohibiting the repayment of a deposit;

(g) setting, or conferring power to set, limits on the rights that may be bought by a person or description of person;

(h) requiring or permitting rights to be sold, or not to be sold, to a person who meets such conditions (whether relating to the price offered for the rights or otherwise) as may be specified in or in accordance with the regulations;

(i) for terminating a competitive tender process or auction where there has been, or appears to the person running the competitive tender process or auction to have been, a failure to comply with the regulations;

(j) about how and when—

(i) payments for rights are to be made, and

(ii) payments received are to be dealt with;

(k) allowing or requiring rights sold in accordance with the regulations to a person to be transferred to, or be exercised by, another person;

(l) prohibiting rights sold to a person in accordance with the regulations from being transferred to, or being exercised by, another person;

(m) for extinguishing or limiting rights sold in accordance with the regulations where any amount due in respect of them is not paid, or any condition attached to the exercise of the rights is not met;

(n) for the payment of compensation to a person who holds but does not use rights sold in accordance with the regulations;

(o) about appeals relating to eligibility for, or the outcome of, a tender process or auction;

(p) requiring a person running a tender process or auction to issue guidance.

4 U.K. The Welsh Ministers must exercise their functions so as to secure (so far as possible) that—

(a) fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and

(b) conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken,

as a result of the exercise of rights sold in accordance with the regulations.

5 U.K. Before making regulations under this Schedule the Welsh Ministers must consult such persons as they think appropriate.

6 U.K. Regulations under this Schedule are subject to the affirmative resolution procedure.

7 U.K. In this Schedule—

• “Welsh catch quota” means so much of a catch quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats;

• “Welsh effort quota” means so much of an effort quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats.

Section 33

SCHEDULE 6 U.K. Financial assistance: powers of devolved authorities

Power of the Scottish Ministers U.K.

1 (1) The Scottish Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— U.K.

(a) the conservation, enhancement or restoration of the marine and aquatic environment;

(b) the promotion or development of commercial fish or aquaculture activities;

(c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

(d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

(e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

(f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

(g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

(h) improving the arrangements for the use of catch quotas or effort quotas;

(i) the promotion or development of recreational fishing.

(2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Scottish Ministers.

(3) The scheme may only provide for financial assistance to be given—

(a) in relation to Scotland or the Scottish zone, or

(b) in relation to Scottish fishing boats.

(4) The scheme may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(c) require the Scottish Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

(7) The scheme may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(8) Regulations under this paragraph are subject to the affirmative resolution procedure.

(9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—

  (a)

  P's spouse or civil partner,

  (b)

  a child or grandchild of P or of P's spouse or civil partner, or

  (c)

  a parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Power of the Welsh Ministers U.K.

2 (1) The Welsh Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— U.K.

(a) the conservation, enhancement or restoration of the marine and aquatic environment;

(b) the promotion or development of commercial fish or aquaculture activities;

(c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

(d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

(e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

(f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

(g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

(h) improving the arrangements for the use of catch quotas or effort quotas;

(i) the promotion or development of recreational fishing.

(2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Welsh Ministers.

(3) The scheme may only provide for financial assistance to be given—

(a) in relation to Wales or the Welsh zone, or

(b) in relation to Welsh fishing boats.

(4) The scheme may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(c) require the Welsh Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

(7) The scheme may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(8) Regulations under this paragraph are subject to the affirmative resolution procedure.

(9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—

  (a)

  P's spouse or civil partner,

  (b)

  a child or grandchild of P or of P's spouse or civil partner, or

  (c)

  a parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Power of the Northern Ireland department U.K.

3 (1) The Northern Ireland department may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— U.K.

(a) the conservation, enhancement or restoration of the marine and aquatic environment;

(b) the promotion or development of commercial fish or aquaculture activities;

(c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

(d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

(e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

(f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

(g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

(h) improving the arrangements for the use of catch quotas or effort quotas;

(i) the promotion or development of recreational fishing.

(2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Northern Ireland department.

(3) The scheme may only provide for financial assistance to be given—

(a) in relation to Northern Ireland or the Northern Ireland zone, or

(b) in relation to Northern Ireland fishing boats.

(4) The scheme may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(c) require the Northern Ireland department, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

(7) The scheme may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(8) Regulations under this paragraph are subject to the affirmative resolution procedure.

(9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—

  (a)

  P's spouse or civil partner,

  (b)

  a child or grandchild of P or of P's spouse or civil partner, or

  (c)

  a parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Financial assistance: consequential amendments U.K.

4 (1) In the Fisheries Act 1981— U.K.

(a) omit Part 2 (financial assistance for sea fish industry);

(b) omit section 31 (financial assistance for fish farming).

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) in the Fisheries Act 1981—

(i) in section 41, omit “or schemes”, and in the heading omit “and schemes”;

(ii) in section 42, omit “, II or IV”;

(iii) in section 43(1), omit paragraph (c);

(b) in the Government of Wales Act 2006, in Schedule 3A, omit paragraph 2(2)(d);

(c) in the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592), in Schedule 1, omit the entries for sections 15 and 16 of the Fisheries Act 1981;

(d) in the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (S.I. 1999/1820), in Schedule 2, in paragraph 68—

(i) in sub-paragraph (1), omit “Part II of”;

(ii) omit sub-paragraphs (2) to (4) and (6);

(e) in the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), in Schedule 2, omit paragraph 2.

Transitional provision U.K.

5 (1) The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under section 33— U.K.

(a) the Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) Scheme 2012 (S.I. 2012/1375);

(b) the Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) (Amendment) Scheme 2014 (S.I. 2014/3363).

(2) The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under paragraph 1—

(a) the Fishing Vessels (Decommissioning) (Scotland) Scheme 2001 (S.S.I. 2001/332);

(b) the Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 (S.S.I. 2003/87);

(c) the Sea Fishing (Transitional Support) (Scotland) (No 2) Scheme 2003 (S.S.I. 2003/116);

(d) the Fishing Vessels (Satellite - tracking Devices) (Scotland) Scheme 2004 (S.S.I. 2004/379);

(e) the Fishing Boats (EU Electronic Reporting) (Scotland) Scheme 2010 (S.S.I. 2010/374);

(f) the Fishing Boats (Satellite-tracking Devices) (Scotland) Scheme 2012 (S.S.I. 2012/264).

(3) The Fishing Boats (Satellite - Tracking Devices and Electronic Transmission of Fishing Activities Data) (Wales) Scheme 2012 (S.I. 2012/3172 (W.318)) (made under section 15 of the Fisheries Act 1981) has effect as if contained in regulations made under paragraph 2.

(4) The schemes mentioned in sub-paragraphs (1) to (3) have effect as if any reference in them to an offence under section 17 of the Fisheries Act 1981 were to conduct that would have constituted an offence under that section had Part 2 of that Act not been repealed.

(5) The following schemes were made under Part 2 of the Fisheries Act 1981 or section 31 of that Act, are not saved by virtue of sub-paragraphs (1) to (3), and are therefore revoked by virtue of paragraph 4(1)—

(a) the Fishing Vessels (Safety Improvements) (Grants) Scheme 1995 (S.I. 1995/1609);

(b) the Fishing Vessels and Fish Farming (Miscellaneous Revocations) (Scotland) Scheme 2017 (S.S.I. 2017/448).

Yn ddilys o 23/01/2021

Section 34

SCHEDULE 7 U.K. Imposition of charges: powers of devolved authorities

Power of Scottish Ministers U.K.

1 (1) The Scottish Ministers may by regulations make provision for the Scottish Ministers to impose charges in respect of the exercise by them of a relevant marine function. U.K.

(2) “Relevant marine function” means a function relating to—

(a) fishing quotas;

(b) ensuring that commercial fish activities are carried out lawfully;

(c) the registration of buyers and sellers of first-sale fish;

(d) catch certificates for the import and export of fish.

(3) The charges which may be authorised by the regulations are—

(a) a charge on a person in respect of the exercise of a function in relation to that person, or

(b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

(4) The regulations may include provision about—

(a) who is liable to pay a charge;

(b) the circumstances in which a charge is payable;

(c) the amount of a charge (including how an amount is to be calculated);

(d) reductions and exemptions;

(e) waivers;

(f) how and when a charge is to be paid;

(g) the collection and recovery of payments;

(h) interest payable on outstanding payments;

(i) the resolution of disputes (including appeals).

(5) The regulations may confer a discretion on the Scottish Ministers.

(6) A power conferred on the Scottish Ministers under this paragraph does not affect, and is not affected by, any other power of the Scottish Ministers to impose charges.

(7) Before making regulations under this paragraph the Scottish Ministers must consult such persons as they consider appropriate.

(8) Regulations under this paragraph are subject to the negative resolution procedure.

(9) In this paragraph—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—

  (a)

  a catch quota or an effort quota, or

  (b)

  any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

Power of Welsh Ministers U.K.

2 (1) The Welsh Ministers may by regulations make provision for the Welsh Ministers to impose charges in respect of the exercise by them of a relevant marine function. U.K.

(2) “Relevant marine function” means a function relating to—

(a) fishing quotas;

(b) ensuring that commercial fish activities are carried out lawfully;

(c) the registration of buyers and sellers of first-sale fish;

(d) catch certificates for the import and export of fish.

(3) The charges which may be authorised by the regulations are—

(a) a charge on a person in respect of the exercise of a function in relation to that person, or

(b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

(4) The regulations may include provision about—

(a) who is liable to pay a charge;

(b) the circumstances in which a charge is payable;

(c) the amount of a charge (including how an amount is to be calculated);

(d) reductions and exemptions;

(e) waivers;

(f) how and when a charge is to be paid;

(g) the collection and recovery of payments;

(h) interest payable on outstanding payments;

(i) the resolution of disputes (including appeals).

(5) The regulations may confer a discretion on the Welsh Ministers.

(6) A power conferred on the Welsh Ministers under this paragraph does not affect, and is not affected by, any other power of the Welsh Ministers to impose charges.

(7) Before making regulations under this paragraph the Welsh Ministers must consult such persons as they consider appropriate.

(8) Regulations under this paragraph are subject to the negative resolution procedure.

(9) In this paragraph—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—

  (a)

  a catch quota or an effort quota, or

  (b)

  any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

Power of Northern Ireland department U.K.

3 (1) The Northern Ireland department may by regulations make provision for it to impose charges in respect of the exercise by it of a relevant marine function. U.K.

(2) “Relevant marine function” means a function relating to—

(a) fishing quotas;

(b) ensuring that commercial fish activities are carried out lawfully;

(c) the registration of buyers and sellers of first-sale fish;

(d) catch certificates for the import and export of fish.

(3) The charges which may be authorised by the regulations are—

(a) a charge on a person in respect of the exercise of a function in relation to that person, or

(b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

(4) The regulations may include provision about—

(a) who is liable to pay a charge;

(b) the circumstances in which a charge is payable;

(c) the amount of a charge (including how an amount is to be calculated);

(d) reductions and exemptions;

(e) waivers;

(f) how and when a charge is to be paid;

(g) the collection and recovery of payments;

(h) interest payable on outstanding payments;

(i) the resolution of disputes (including appeals).

(5) The regulations may confer a discretion on the Northern Ireland department.

(6) A power conferred on the Northern Ireland department under sub-paragraph (1) does not affect, and is not affected by, any other power of it to impose charges.

(7) Before making regulations under sub-paragraph (1) the Northern Ireland department must consult such persons as it considers appropriate.

(8) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.

(9) In sub-paragraphs (1) to (8)—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—

  (a)

  a catch quota or an effort quota, or

  (b)

  any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

Section 42

SCHEDULE 8 U.K. Powers to make further provision: devolved authorities

PART 1 S Scottish Ministers

Power to make provision about fisheries, aquaculture etc S

1 (1) The Scottish Ministers may by regulations make provision— S

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(c) for a fish industry purpose (see sub-paragraph (3)).

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(c) the purpose of protecting or improving the health of any fish or other aquatic animal.

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(c) the purpose of disseminating information about fishery products.

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(c) the landing of sea fish;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Scottish Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

(c) different areas of the sea or inland waters.

Paragraph 1: interpretation S

2 (1) In paragraph 1 and this paragraph— S

• “regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—

  (a)

  straddling stocks,

  (b)

  stocks of highly migratory species, or

  (c)

  any other marine stocks;

• “regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

• “sea fishing equipment” means—

  (a)

  fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), or

  (b)

  equipment used to monitor sea fishing;

• “traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—

  (a)

  caught, harvested or made, or

  (b)

  transported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(c) “highly migratory species” means a species listed in Annex 1 to UNCLOS.

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(c) it is a member of a fertile artificially hybridised species or subspecies.

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases S

3 (1) The Scottish Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. S

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 1 or 3 S

4 (1) Regulations under paragraph 1 or 3 may— S

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 1 or 3 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 1 or 3 may only include provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(4) Regulations under paragraph 1 or 3 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(c) changing the conditions under which the function is exercised.

(6) The power to make regulations under paragraph 1 or 3 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements S

5 (1) Before making regulations under paragraph 1 or 3 the Scottish Ministers must consult— S

(a) the Secretary of State,

(b) the Welsh Ministers,

(c) the Northern Ireland department, and

(d) such other persons likely to be affected by the regulations as the Scottish Ministers consider appropriate.

(2) Regulations under paragraph 1 or 3 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(c) creating a criminal offence or increasing the penalty for, or widening the scope of, a criminal offence; or

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 1 or 3 are subject to the negative resolution procedure.

PART 2 E+W Welsh Ministers

Power to make provision about fisheries, aquaculture etc E+W

6 (1) The Welsh Ministers may by regulations make provision— E+W

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(c) for a fish industry purpose (see sub-paragraph (3)).

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(c) the purpose of protecting or improving the health of any fish or other aquatic animal.

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(c) the purpose of disseminating information about fishery products.

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(c) the landing of sea fish;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Welsh Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

(c) different areas of the sea or inland waters.

Paragraph 6: interpretation E+W

7 (1) In paragraph 6 and this paragraph— E+W

• “regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—

  (a)

  straddling stocks,

  (b)

  stocks of highly migratory species, or

  (c)

  any other marine stocks;

• “regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

• “sea fishing equipment” means—

  (a)

  fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), or

  (b)

  equipment used to monitor sea fishing;

• “traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—

  (a)

  caught, harvested or made, or

  (b)

  transported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(c) “highly migratory species” means a species listed in Annex 1 to UNCLOS.

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(c) it is a member of a fertile artificially hybridised species or subspecies.

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases E+W

8 (1) The Welsh Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. E+W

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Welsh Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 6 or 8 E+W

9 (1) Regulations under paragraph 6 or 8 may— E+W

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 6 or 8 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 6 or 8 may only include—

(a) provision which would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, or

(b) provision extending to England and Wales so far as it relates to the regulation of sea fishing by Welsh fishing boats outside the Welsh zone.

(4) Provision which does not fall within sub-paragraph (3)(a), but which would do so but for a requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006, may be included in regulations under paragraph 6 or 8 with the consent of the Secretary of State.

(5) Regulations under paragraph 6 or 8 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(6) The reference in sub-paragraph (5) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(c) changing the conditions under which the function is exercised.

(7) A power to make regulations under paragraph 6 or 8 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(8) In sub-paragraph (7) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements E+W

10 (1) Before making regulations under paragraph 6 or 8 the Welsh Ministers must consult— E+W

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Northern Ireland department, and

(d) such other persons likely to be affected by the regulations as the Welsh Ministers consider appropriate.

(2) Regulations under paragraph 6 or 8 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(c) creating a criminal offence or increasing the penalty for, or widening the scope of, a criminal offence; or

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 6 or 8 are subject to the negative resolution procedure.

PART 3 N.I. The Northern Ireland department

Power to make provision about fisheries, aquaculture etc N.I.

11 (1) The Northern Ireland department may by regulations make provision— N.I.

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(c) for a fish industry purpose (see sub-paragraph (3)).

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(c) the purpose of protecting or improving the health of any fish or other aquatic animal.

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(c) the purpose of disseminating information about fishery products.

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(c) the landing of sea fish;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Northern Ireland department may put information obtained in the exercise of its functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

(c) different areas of the sea or inland waters.

Paragraph 11: interpretation N.I.

12 (1) In paragraph 11 and this paragraph— N.I.

• “regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—

  (a)

  straddling stocks,

  (b)

  stocks of highly migratory species, or

  (c)

  any other marine stocks;

• “regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

• “sea fishing equipment” means—

  (a)

  fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), or

  (b)

  equipment used to monitor sea fishing;

• “traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—

  (a)

  caught, harvested or made, or

  (b)

  transported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(c) “highly migratory species” means a species listed in Annex 1 to UNCLOS.

(3) For the purposes of paragraph 11, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(c) it is a member of a fertile artificially hybridised species or subspecies.

(4) For the purposes of paragraph 11, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases N.I.

13 (1) The Northern Ireland department may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. N.I.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Northern Ireland department considers may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 11 or 13 N.I.

14 (1) Regulations under paragraph 11 or 13 may— N.I.

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 11 or 13 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 11 or 13 may only include provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(4) Regulations under paragraph 11 or 13 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(c) changing the conditions under which the function is exercised.

(6) A power to make regulations under paragraph 11 or 13 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements N.I.

15 (1) Before making regulations under paragraph 11 or 13 the Northern Ireland department must consult— N.I.

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Welsh Ministers, and

(d) such other persons likely to be affected by the regulations as the Northern Ireland department considers appropriate.

(2) Regulations under paragraph 11 or 13 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(c) creating a criminal offence or increasing the penalty for, or widening the scope of, a criminal offence; or

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2), regulations under paragraph 11 or 13 are subject to the negative resolution procedure.

Yn ddilys o 01/03/2021

Section 47

SCHEDULE 9 U.K. Conservation of seals

PART 1 U.K. Amendments of the Conservation of Seals Act 1970

1 U.K. The Conservation of Seals Act 1970 is amended in accordance with paragraphs 2 to 12.

2 U.K. For section 1 (prohibited methods of killing seals) substitute—

“1 Prohibition of the killing, injuring or taking of seals

A person commits an offence if the person intentionally or recklessly kills, injures or takes a seal.”

3 U.K. Omit section 2 (close seasons for seals).

4 U.K. Omit section 3 (orders prohibiting killing seals).

5 U.K. In section 4 (apprehension of offenders and powers of search and seizure), in subsection (1), in paragraph (c) for “seal, seal skin, firearm, ammunition or poisonous” substitute “ seal, item or ”.

6 U.K. In section 6 (forfeitures), for the words from “any seal or seal” to the end substitute—

“(a) any seal or seal skin in respect of which the offence was committed;

(b) any item (but not a vehicle or boat) or substance used in connection with the commission of the offence;

(c) any seal, seal skin, poisonous or explosive substance, explosive article, firearm or ammunition, in the person's possession at the time of the offence.”

7 U.K. In section 8 (attempt to commit offence), in subsection (2)—

(a) after “poisonous” insert “ or explosive ”;

(b) after “substance” insert “ , any explosive article ”;

(c) omit “the use of which is prohibited by section 1(1)(b) of this Act”.

8 U.K. In section 9 (general exceptions)—

(a) in subsection (1)—

(i) for “2 or 3” substitute “ 1 ”;

(ii) in paragraph (a), omit “otherwise than by his act”;

(iii) omit paragraphs (b) and (c);

(b) in subsection (2)—

(i) omit “, 2 or 3”;

(ii) omit “otherwise than by his act”.

9 U.K. In section 10 (power to grant licences)—

(a) in subsection (1), in paragraph (c)—

(i) omit sub-paragraphs (i) and (iii) (but not the “or” after paragraph (iii));

(ii) after sub-paragraph (ii) insert—

“(iia) the protection of animal or human health or public safety,”;

(b) after subsection (1) insert—

“(1A) Nothing in subsection (1) is to be read as authorising the grant of a licence for the purpose of the protection, promotion or development of commercial fish or aquaculture activities within the meaning of the Fisheries Act 2020 (see section 52 of that Act).”

10 U.K. In section 11 (entry upon land)—

(a) in subsection (1), omit paragraph (b);

(b) in subsection (2), omit paragraph (d);

(c) in subsection (4)—

(i) omit the words from “, or in the” to “28 days' notice,”;

(ii) omit the words from “; and in the case” to the end;

(d) omit subsection (5).

11 U.K. Omit section 14 (orders).

12 U.K. In section 15 (interpretation), at the appropriate places insert—

““explosive article” means an article (for example, a bomb or a firework) containing one or more explosive substances;”;

““explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is —

(a) capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or

(b) designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;”;

““preparation” means a mixture of two or more substances or a solution of any substance or substances;”.

PART 2 U.K. Amendments of the Wildlife (Northern Ireland) Order 1985

13 U.K. The Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) is amended in accordance with paragraphs 14 to 19.

14 U.K. In Article 10 (protection of certain wild animals), in paragraph (4A), for paragraphs (a) and (b) substitute—

“(a) a seal (pinniped), or”.

15 U.K. In Article 11 (exceptions to Article 10)—

(a) after paragraph (1) insert—

“(1A) Article 5(5) (as it applies to Article 10 by virtue of paragraph (1)) applies in relation to seals (pinnipedia) as if—

(a) in sub-paragraphs (a) and (b) the words “otherwise than by his unlawful act” were omitted, and

(b) sub-paragraph (c) were omitted.”;

(b) after paragraph (3) insert—

“(3A) Paragraph (3) applies in relation to seals (pinnipedia) as if “or to fisheries” were omitted.”

16 U.K. In Article 18 (power to grant licences), after paragraph (3) insert—

“(3ZA) But a licence may not be granted under paragraph (3) that permits the killing, injuring or taking of seals (pinnipedia) for the purpose of preventing damage to fisheries.”

17 U.K. In Schedule 5 (animals which are protected at all times), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

“Seal

Pinniped”

18 U.K. In Schedule 6 (animals which may not be killed or taken by certain methods), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

“Seal

Pinniped”

19 U.K. In Schedule 7 (animals which may not be sold alive or dead at any time), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

“Seal

Pinniped”

Section 48

SCHEDULE 10 U.K. Amendments of the Marine and Coastal Access Act 2009

PART 1 U.K. General powers and duties of the Marine Management Organisation

1 U.K. The Marine and Coastal Access Act 2009 is amended as follows.

2 (1) Section 24 (research) is amended as follows. U.K.

(2) After subsection (2) insert—

“(2A) The MMO must, at the request of the Secretary of State—

(a) undertake research into any international marine matter, or

(b) commission or support (by financial means or otherwise) research into any such matter;

and may, in complying with such a request, undertake, commission or support research with other bodies or persons.

(2B) The MMO must, at the request of the Secretary of State, make the results of any research under subsection (2A) available to any person.”

(3) In subsection (3), after “Subsection (2)” insert “ or (2A) ”.

(4) After subsection (3) insert—

“(4) For the purposes of this section a matter is an “international marine matter” if—

(a) it relates to an area outside the UK marine area, and

(b) the MMO has power under subsection (1)(a) to undertake research into a corresponding matter that relates to the UK marine area or an area within it.

(5) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).

(6) References in this section to a person include a person outside the United Kingdom.”

3 (1) Section 25 (advice, assistance and training facilities) is amended as follows. U.K.

(2) After subsection (3) insert—

“(3A) The MMO must, at the request of the Secretary of State, provide advice to any person (including a person outside the United Kingdom) on any international marine matter that is within its knowledge or experience.”

(3) After subsection (4) insert—

“(5) The MMO must, at the request of the Secretary of State, provide any person outside the United Kingdom with—

(a) assistance, or

(b) the use of training facilities,

as respects any matter of which the MMO has knowledge or experience.

(6) For the purposes of this section a matter is an “international marine matter” if—

(a) it relates to an area outside the UK marine area, and

(b) the MMO has power under subsection (3)(a) (on request) to provide advice on a corresponding matter that relates to the UK marine area or an area within it.

(7) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).”

4 (1) Section 26 (provision of information etc) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1A) The MMO must, at the request of the Secretary of State—

(a) publish documents or provide information about any international marine matter, or

(b) assist in the publication of such documents or the provision of such information.”

(3) In subsection (2), at the end insert “ or the duty imposed by subsection (1A) ”.

(4) After subsection (2) insert—

“(3) For the purposes of this section a matter is an “international marine matter” if—

(a) it relates to an area outside the UK marine area, and

(b) the MMO has power under subsection (1)(a) to publish documents or provide information about a corresponding matter that relates to the UK marine area or an area within it.

(4) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).”

5 U.K. In section 27 (power to charge for services), in subsection (3)—

(a) in paragraph (b), after “24(2)” insert “ or (2B) ”;

(b) in paragraph (c), for “or (4)” substitute “, (3A), (4) or (5)”.

Yn ddilys o 23/01/2021

PART 2 U.K. Powers relating to the exploitation of sea fisheries resources

6 U.K. The Marine and Coastal Access Act 2009 is amended in accordance with paragraphs 7 to 31.

7 U.K. In the heading of Chapter 1 of Part 5, after “marine conservation zones” insert “ and management of sea fisheries ”.

8 (1) Section 117 (grounds for designation of MCZs) is amended as follows. U.K.

(2) In subsection (4), for “The reference in subsection (1)(a)” substitute “ Any reference in this Chapter ”.

(3) In subsection (5), for “The references in subsection (1)(a) and (b)” substitute “ Any reference in this Chapter ”.

(4) In subsection (6), after “Any reference” insert “ in this Chapter ”.

9 U.K. In the italic heading before section 129, for “protection of MCZs etc: England” substitute “ marine conservation: England and the English offshore region ”.

10 U.K. In section 129 (byelaws for protections of MCZs in England), in subsection (7), for “subject to specified exceptions” substitute—

“(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.”

11 U.K. After section 129 insert—

“129A Byelaws relating to exploitation of sea fisheries resources: England

(1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving—

(a) marine flora or fauna, or

(b) marine habitats or types of marine habitat.

(2) A byelaw under this section may be made so as to apply to any area in England.

(3) A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made.

(4) The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—

(a) a right of several fishery;

(b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.

(5) But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.

(6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,

(b) a national nature reserve declared in accordance with section 35 of that Act,

(c) a Ramsar site, within the meaning of section 37A of that Act,

(d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or

(e) an MCZ.

(7) See also section 129C (supplementary).

129B Byelaws relating to exploitation of sea fisheries resources: English offshore region

(1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) A byelaw under this section may be made so as to apply to any area in the English offshore region.

(3) A byelaw under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) See also section 129C (supplementary).

129C Byelaws under sections 129A and 129B: supplementary

(1) The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).

(2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the MMO to limit the number of permits issued by it.

(4) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(5) A byelaw under section 129A or 129B may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(6) A byelaw under section 129A or 129B may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(7) In this section “specified” means specified in the byelaw.”

12 (1) Section 130 (byelaws: procedure) is amended as follows. U.K.

(2) In subsection (1) after “129” insert “ , 129A or 129B ”.

(3) In subsection (2), after “the byelaw” insert “ is made under section 129 or 129A and ”.

(4) After subsection (2) insert—

“(2A) If the byelaw is made under section 129B and—

(a) the byelaw would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers;

(b) the byelaw would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of a draft of the byelaw to the Scottish Ministers;

(c) the byelaw would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of a draft of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”

(5) In subsections (8) and (9), after “129” insert “ , 129A or 129B ”.

(6) In subsection (11), for the words from “where” to the end substitute “ in relation to a byelaw made by virtue of section 131 (emergency byelaws) ”.

13 (1) Section 131 (emergency byelaws) is amended as follows. U.K.

(2) In subsection (1), after “that purpose” insert “ under section 129 ”.

(3) After subsection (1) insert—

“(1A) Where the MMO thinks that there is an urgent need to protect the English offshore region, a byelaw made by it under section 129B for that purpose has effect without being confirmed by the Secretary of State.”

(4) In subsection (8)(a), after “MCZ” insert “ , or under section 129B in respect of the English offshore region, ”.

14 (1) Section 132 (interim byelaws) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1A) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purpose of protecting any feature in an area in that region if the MMO thinks—

(a) that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.”

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (4), for “an interim byelaw” substitute “ a byelaw made under subsection (1) ”.

(5) After subsection (4) insert—

“(4A) Section 129C applies to a byelaw made under subsection (1A) as it applies to a byelaw made under section 129A or 129B.”

15 (1) Section 133 (further provision) is amended as follows. U.K.

(2) In subsection (1) for “or 132” substitute “ , 129A, 129B or 132(1) or (1A) ”.

(3) In subsection (3), after “applies” insert “ is made under section 129, 129A or 132(1) and ”.

(4) After subsection (3) insert —

“(3A) If the byelaw is made under section 129B or 132(1A) and—

(a) the byelaw will or may affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of the byelaw to the Welsh Ministers;

(b) the byelaw will or may affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of the byelaw to the Scottish Ministers;

(c) the byelaw will or may affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”

(5) In subsection (6) after “129” insert “ or 129A ”.

(6) After subsection (6) insert—

“(6A) In the case of a byelaw made under section 129B in accordance with section 130, subsection (3A) applies only after the byelaw has been confirmed under section 130(8).”

16 U.K. In the italic heading before section 134, for “protection of MCZs etc: Wales” substitute “ marine conservation: Wales and the Welsh offshore region ”.

17 U.K. After section 134 insert—

“134A Orders relating to exploitation of sea fisheries resources: Wales

(1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in Wales for the purposes of conserving—

(a) marine flora or fauna, or

(b) marine habitats or types of marine habitat.

(2) An order under this section may be made so as to apply to any area in Wales.

(3) An order under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the order is made.

(4) The provision that may be made by an order under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—

(a) a right of several fishery;

(b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.

(5) But the Welsh Ministers may make an order that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.

(6) Subsection (5) does not apply in relation to the exercise of such a right in relation to—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,

(b) a national nature reserve declared in accordance with section 35 of that Act,

(c) a Ramsar site, within the meaning of section 37A of that Act,

(d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or

(e) an MCZ.

(7) See also section 134C (supplementary).

134B Orders relating to exploitation of sea fisheries resources: Welsh offshore region

(1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) An order under this section may be made so as to apply to any area in the Welsh offshore region.

(3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) See also section 134C (supplementary).

134C Orders under sections 134A and 134B: supplementary

(1) The provision that may be made by an order under section 134A or 134B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4).

(2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Welsh Ministers, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the Welsh Ministers to limit the number of permits issued by them.

(4) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(5) An order under section 134A or 134B may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(6) An order under section 134A or 134B may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(7) In this section “specified” means specified in the order.”

18 (1) Section 135 (consultation) is amended as follows. U.K.

(2) In the heading, after “134” insert “ , 134A or 134B ”.

(3) In subsection (1), after “section 134” insert “ or 134A ”.

(4) After subsection (1) insert—

“(1A) Before making an order under section 134B the Welsh Ministers must—

(a) consult the Secretary of State,

(b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,

(d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and

(e) consult any other person whom they think fit to consult.”

(5) In subsection (2), after “134” insert “ , 134A or 134B ”.

(6) In subsection (4)—

(a) for “in order to protect an MCZ” substitute “ , 134A or 134B ”;

(b) for paragraph (a) substitute—

“(a) subsections (1) and (1A) do not apply in relation to the making of that order, and”.

19 (1) Section 136 (interim orders) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1A) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purpose of protecting any feature in an area in that region if they think—

(a) that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.”

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (4), for “an interim order” substitute “ an order made under subsection (1) ”.

(5) After subsection (4) insert—

“(4A) Section 134C applies to an order made under subsection (1A) as it applies to an order made under section 134A or 134B.”

20 (1) Section 137 (further provision) is amended as follows. U.K.

(2) In the heading, after “134” insert “ 134A, 134B ”.

(3) In subsection (1), for “or 136” substitute “ , 134A, 134B or 136(1) or (1A) ”.

(4) In subsection (2), at the end insert “ and (in the case of an order under section 134B) to any person consulted under section 135(1A) ”.

21 U.K. After section 137 insert—

“Orders for marine conservation: Scottish offshore region U.K.

137A Orders relating to exploitation of sea fisheries resources: Scottish offshore region

(1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) An order under this section may be made so as to apply to any area in the Scottish offshore region.

(3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).

(5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Scottish Ministers, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the Scottish Ministers to limit the number of permits issued by it.

(7) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(8) An order under this section may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(9) An order under this section may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(10) In this section “specified” means specified in the order.

(11) An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).

(12) Any other order under this section is subject to the negative procedure (see that Part of that Act).

137B Consultation etc regarding orders under section 137A

(1) Before making an order under section 137A the Scottish Ministers must—

(a) consult the Secretary of State,

(b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers,

(d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and

(e) consult any other person whom they think fit to consult.

(2) The Scottish Ministers must publish notice of the making of an order under section 137A.

(3) The notice under subsection (2) must—

(a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected.

(4) Where the Scottish Ministers think that there is an urgent need to make an order under section 137A to protect the Scottish offshore region—

(a) subsection (1) does not apply, and

(b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Scottish Ministers.

(5) Where in reliance on subsection (4)(a) the Scottish Ministers do not comply with subsection (1) before making an order under section 137A, that order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Scottish Ministers may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 12 months.

137C Interim orders made by Scottish Ministers

(1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purpose of protecting any feature in any area in that region if they think—

(a) that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(3) Subsections (4) to (10) of section 137A apply to an interim order under this section.

(4) An interim order under this section—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(5) The Scottish Ministers must publish notice of the making of an interim order under this section.

(6) The notice under subsection (5) must—

(a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected;

(c) state that any person affected by the making of the order may make representations to the Scottish Ministers.

(7) The Scottish Ministers must keep under review the need for an interim order under this section to remain in force.

(8) The Scottish Ministers may by further order extend the period for which an interim order remains in force.

(9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

(10) An order under this section is subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).

137D Further provision as to orders made under section 137A or 137C

(1) This section applies to any order made under section 137A or 137C.

(2) The Scottish Ministers must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137B(2).

(3) The Scottish Ministers must—

(a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment;

(b) provide a copy of any such order to any person who requests one.

(4) An order to which this section applies may be amended or revoked by a further order.

Orders for marine conservation: Northern Ireland offshore region U.K.

137E Orders relating to exploitation of sea fisheries resources: Northern Ireland offshore region

(1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purposes of conserving—

(a) marine flora or fauna,

(b) marine habitats or types of marine habitat, or

(c) features of geological or geomorphological interest.

(2) An order under this section may be made so as to apply to any area in the Northern Ireland offshore region.

(3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made.

(4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7).

(5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including—

(a) provision prohibiting or restricting such exploitation in specified areas or during specified periods;

(b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period;

(c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period.

(6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Department, including—

(a) provision for the charging of fees for permits;

(b) provision enabling conditions to be attached to a permit;

(c) provision enabling the Department to limit the number of permits issued by it.

(7) Head 3 is—

(a) provision prohibiting or restricting the use of vessels of specified descriptions;

(b) provision prohibiting or restricting any method of exploiting sea fisheries resources;

(c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources;

(d) provision for determining whether such items are items of a specified description.

(8) An order under this section may be made—

(a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.

(9) An order under this section may make different provision for different cases, including in particular—

(a) different times of the year,

(b) different means or methods of carrying out an activity, and

(c) different descriptions of sea fisheries resources.

(10) In this section “specified” means specified in the order.

(11) In this section, and in sections 137F to 137H, “the Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

137F Consultation etc regarding orders under section 137E

(1) Before making an order under section 137E the Department must—

(a) consult the Secretary of State,

(b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,

(d) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, and

(e) consult any other person whom they think fit to consult.

(2) The Department must publish notice of the making of an order under section 137E.

(3) The notice under subsection (2) must—

(a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected.

(4) Where the Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region—

(a) subsection (1) does not apply,

(b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Department.

(5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.”

137G Interim orders made by the Department

(1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purpose of protecting any feature in any area in that region if the Department thinks—

(a) that the appropriate authority should consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(3) Subsections (4) to (10) of section 137E apply to an interim order under this section.

(4) An interim order under this section—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(5) The Department may by further order extend the period for which the interim order is in force for a period not exceeding 6 months.

(6) The Department must publish notice of the making of an interim order under this section.

(7) The notice under subsection (6) must—

(a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected;

(c) state that any person affected by the making of the order may make representations to the Department.

(8) The Department must keep under review the need for an interim order under this section to remain in force.

(9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

137H Further provision as to orders made under section 137E or 137G

(1) This section applies to any order made under section 137E or 137G.

(2) The Department must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137F(2).

(3) The Department must—

(a) make a copy of any order to which this section applies available for inspection at such place as the Department thinks fit for that purpose at all reasonable hours without payment;

(b) provide a copy of any such order to any person who requests one.”

22 (1) Section 138 (hearings) is amended as follows. U.K.

(2) In the heading, omit “by Secretary of State or Welsh Ministers”.

(3) In subsection (1)(a) for “section 129” substitute “ this Chapter ”.

(4) In subsection (2)—

(a) in paragraph (a), after “134” insert “ , 134A or 134B ”;

(b) in paragraph (b), after “136(1)” insert “ or (1A) ”.

(5) After subsection (2) insert—

“(2A) This section also applies where the Scottish Ministers have the function of—

(a) deciding whether to make an order under section 137A;

(b) deciding whether to make an order under section 137C.

(2B) This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of —

(a) deciding whether to make an order under section 137E;

(b) deciding whether to make an order under section 137G.”

(6) In subsections (3), (4) and (5), after “Welsh Ministers” insert “ , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland ”.

23 (1) Section 139 (offences) is amended as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (a), for “or 132(1)” substitute “ , 129A, 129B or 132(1) or (1A) ”;

(b) in paragraph (b), for “or 136(1)” substitute “ , 134A, 134B, 136(1) or (1A), 137A, 137C, 137E or 137G ”.

(3) For subsection (2) substitute—

“(2) A person who is guilty of an offence under this section in respect of a contravention of—

(a) a byelaw made under section 129 or 129A,

(b) a byelaw made under section 132(1),

(c) an order made under section 134 or 134A, or

(d) an order made under section 136(1),

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2A) A person who is guilty of an offence under this section in respect of a contravention of a byelaw or order not specified in subsection (2) is liable—

(a) on conviction on indictment, to a fine, or

(b) on summary conviction, to a fine (in Scotland or Northern Ireland, not exceeding the statutory maximum).”

(4) In subsection (4), for “England and Wales” substitute “ the United Kingdom ”.

24 U.K. In section 141 (exceptions), in subsection (1)(c)(i), for “or 134(4)” substitute “ 129C(3), 134(4), 134C(3), 137A(6) or 137E(6) ”.

25 U.K. In section 142 (fixed monetary penalties), in subsection (1), omit “(other than the Scottish offshore region)”.

26 (1) Section 147 (interpretation) is amended as follows. U.K.

(2) In subsection (1)—

(a) in the definition of “interim byelaw” after “132(1)” insert “ or (1A) ”;

(b) in the definition of “interim order”, after “136(1)” insert “ or (1A) ”;

(c) after the definition of “sea” insert—

““sea fisheries resources” has the same meaning as in Chapter 1 of Part 6, and references to the exploitation of sea fisheries resources are to be read in accordance with section 153(12);”.

(3) After subsection (2) insert—

“(3) For provision about the meaning of references to “conserving” a thing, see subsections (4) to (6) of section 117.”

27 U.K. In section 166 (powers of IFC officers), in subsection (1)(e), after “129” insert “ , 129A, 129B ”.

28 U.K. In section 189 (power of Welsh Ministers in relation to fisheries in Wales)—

(a) in subsection (1), for “Subject to subsection (2), the” substitute “ The ”;

(b) omit subsection (2).

29 (1) Section 237 (enforcement of nature conservation legislation) is amended as follows. U.K.

(2) In the heading, after “conservation” insert “ or fisheries exploitation ”.

(3) In subsection (1), after “legislation” insert “ or the fisheries exploitation legislation ”.

(4) In subsection (2)—

(a) in paragraph (f), for “132” substitute “ 132(1) ”;

(b) in paragraph (g), for “136” substitute “ 136(1) ”.

(5) After subsection (2) insert—

“(2A) In this section “the fisheries exploitation legislation” means—

(a) any byelaws made under section 129A, 129B or 132(1A) of this Act;

(b) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G of this Act.”

(6) In subsection (3), after “legislation” insert “ or the fisheries exploitation legislation ”.

(7) In subsection (8), after “legislation” insert “ or the fisheries exploitation legislation ”.

(8) After subsection (9) insert—

“(9A) The powers which a marine enforcement officer has for the purposes of enforcing the fisheries exploitation legislation may not be exercised in relation to a vessel falling within paragraph (b) or (c) of subsection (10) unless the Commissioners have given authority to exercise those powers.”

(9) In subsection (11), after “(9)(b)” insert “ or (9A) ”.

(10) After subsection (13) insert—

“(14) Where the fisheries exploitation legislation consists of an order made under section 137A or 137C of this Act (orders relating to Scottish offshore region), this section applies as if—

(a) references to a marine enforcement officer included a person appointed as such by the Scottish Ministers,

(b) for the purposes of subsection (3)(a), the relevant enforcement area were Scotland, the Scottish inshore region and the Scottish offshore region, and

(c) subsections (3)(c) and (d) and (4) to (6) were omitted.

(15) Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if—

(a) references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

(b) for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and

(c) subsections (3)(c) and (d) and (4) to (6) were omitted.”

30 U.K. In section 238(3), after paragraph (d) insert—

“(da) any byelaws made under section 129A, 129B or 132(1A);

(db) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G;”.

31 (1) Section 316 (regulations and orders) is amended as follows. U.K.

(2) In subsection (4)(a)—

(a) for “137” substitute “ 137G ”;

(b) after “MCZs” insert “ etc ”.

(3) In subsection (6), before paragraph (a) insert—

“(za) any order under section 137E that contains provision for the charging of fees for permits (including provision changing the levels of fees),”.

32 (1) In the Water Resources Act 1991, in Schedule 25, paragraph 5(4) (byelaws for flood defence and drainage purposes) is amended as follows. U.K.

(2) In paragraph (b)—

(a) for “or 132” substitute “ , 129A, 129B or 132(1) or (1A) ”;

(b) for “protecting marine conservation zones” substitute “ marine conservation ”.

(3) In paragraph (c)—

(a) for “or 136” insert “ , 134A, 134B or 136(1) or (1A) ”;

(b) for “protecting marine conservation zones” substitute “ marine conservation ”.

Yn ddilys o 31/12/2020

Section 49

SCHEDULE 11 U.K. Retained direct EU legislation: minor and consequential amendments

Introduction U.K.

1 U.K. In this Schedule—

(a) paragraphs 2 to 13 make amendments of retained direct EU legislation (as amended by regulations made under section 8(1) of the European Union (Withdrawal) Act 2018),

(b) paragraph 15 makes transitional provision, and

(c) paragraph 16 makes consequential amendments.

Common Fisheries Policy Regulation U.K.

2 (1) The Common Fisheries Policy Regulation is amended as follows. U.K.

(2) Article 2 (objectives) is revoked.

(3) In Article 4 (definitions), in paragraph 1, at the end insert—

“(46) ‘the fisheries objectives’ has the meaning given by section 1(1) of the Fisheries Act 2020.”

(4) Article 5 (right of equal access for EU fishing vessels to waters of member States) is revoked.

(5) Article 9 (principles and objectives of multiannual plans) is revoked.

(6) Article 10 (content of multiannual plans) is revoked.

(7) Article 16 (distribution of fishing opportunities by the Council to member States) is revoked.

(8) Article 17 (criteria for the allocation of fishing opportunities by member States) is revoked.

(9) In Article 28 (external relations)—

(a) in paragraph 1—

(i) for “a fisheries administration” substitute “ the Secretary of State ”;

(ii) omit “objectives and”;

(iii) for “Articles 2 and 3” substitute “ Article 3 ”;

(b) in paragraph 2, for “In particular, a fisheries” substitute “ A fisheries ”.

(10) In Article 29 (United Kingdom activities in international fisheries organisations) for paragraph 2 substitute—

“2 The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of supporting the improvement of the performance of RFMOs in relation to the conservation and management of marine living resources.”

(11) In Article 33 (management of stocks of common interest), in paragraph 1—

(a) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

(b) omit the words from “, and in” to “Article 2(2)”;

(c) omit the words from “, in particular, concerning” to the end.

(12) In Article 35 (organisation of the markets), in paragraph 1, in point (a), for the words from “objectives” to the end substitute “ fisheries objectives ”.

(13) Annex I (right of equal access for EU fishing vessels to waters of member States) is revoked.

Regulation (EU) No 1379/2013 U.K.

3 U.K. In Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, in Article 41 (exceptions to the application of competition rules), in paragraph 2(f), for “objectives specified in Article 2 of Regulation 1380/2013” substitute “ fisheries objectives ”.

Commission Delegated Regulation (EU) No 1393/2014 U.K.

4 (1) Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters is amended as follows. U.K.

(2) In Article 1 (subject matter)—

(a) the existing text becomes paragraph 1;

(b) in that paragraph, for the words from “in the north-western” to “that Regulation” substitute “ and applies to waters within ICES subarea 5B that are within United Kingdom waters and to waters within ICES subareas 6 and 7 that are not within Union waters ”;

(c) after that paragraph insert—

“2 In paragraph 1, “United Kingdom waters” and “Union waters” have the meaning they have in Regulation (EU) No 1380/2013.”

(3) In Article 2 (survivability exemption), in paragraph 6 for “and 2020” substitute “ , 2020 and 2021 ”.

(4) In Article 3a (de minimis exemptions in the years 2018, 2019 and 2020)—

(a) in the heading, for “and 2020” substitute “ , 2020 and 2021 ”;

(b) in points (a), (b) and (c), for “and 2020” substitute “ , 2020 and 2021 ”.

(5) For Article 5 (entry into force) substitute—

“Article 5 U.K. Expiry

This regulation ceases to have effect at the end of 31 December 2021.”

Commission Delegated Regulation (EU) No 1395/2014 U.K.

5 (1) Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea is amended as follows. U.K.

(2) In Article 1 (subject matter)—

(a) the existing text becomes paragraph 1;

(b) in that paragraph, for the words from “in the North” to “that Regulation” substitute “ and applies to waters within ICES division 2a and subarea 4 that are within United Kingdom waters ”;

(c) after that paragraph insert—

“2 In paragraph 1, “United Kingdom waters” has the meaning it has in Regulation (EU) No 1380/2013.”

(3) In Article 3a (de minimis exemption in the years 2018, 2019 and 2020)—

(a) in the heading, for “and 2020” substitute “ , 2020 and 2021 ”;

(b) in the body, for “and 2020” substitute “ , 2020 and 2021 ”.

(4) Article 4a (Danish North Sea coast) is revoked.

(5) For Article 5 (application) substitute—

“Article 5 U.K. Expiry

This regulation ceases to have effect at the end of 31 December 2021.”

Regulation (EU) 2016/2336 U.K.

6 U.K. In Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic, in Article 1 (objectives), in paragraph 1, for “objectives listed in Article 2 of Regulation (EU) No 1380/2013” substitute “ fisheries objectives ”.

Regulation (EU) 2017/1004 U.K.

7 (1) Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy is amended as follows. U.K.

(2) In Article 1 (subject matter and scope), in paragraph 1—

(a) for the words from “With” to “this” substitute “ This ”;

(b) at the end insert “ with a view to contributing to the achievement of the fisheries objectives ”.

(3) In Article 5 (content and criteria for multiannual programmes)—

(a) in paragraph 1, in point (a), for the words from “requirements” to the end substitute—

“to be collected for the purpose of contributing to the achievement of—

(i) the objectives set out in Article 25 of EU Regulation 1380/2013, and

(ii) the fisheries objectives”;

(b) in paragraph 4, in point (a), for the words from “reaching” to the end substitute “ contributing to the achievement of the fisheries objectives ”;

(c) in paragraph 5, in point (a), for the words from “reaching” to the end substitute “ contributing to the achievement of the fisheries objectives ”.

Regulation (EU) 2017/2403 U.K.

8 U.K. Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets is revoked.

Regulation (EU) 2018/973 U.K.

9 (1) Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea is amended as follows. U.K.

(2) In Article 1 (subject-matter and scope), in paragraph 1—

(a) omit points (f), (i) and (j);

(b) in point (k) omit the seventh and eighth indents.

(3) In Article 3 (objectives)—

(a) in paragraph 1—

(i) for the words from “objectives listed” to “1380/2013” substitute “ fisheries objectives ”;

(ii) for the words from “, and shall” to the end substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(b) in paragraph 3—

(i) after “fisheries management” insert “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(ii) for the words from “. It shall” to the end substitute “ and, where possible, reversed ”.

(4) In Article 4 (targets)—

(a) in paragraph 1, omit “by 2020”;

(b) in paragraph 2—

(i) for “A fisheries administration” substitute “ The Secretary of State ”;

(ii) after “ICES” insert “ , or a similar independent scientific body recognised at international level, ”;

(c) in paragraph 6—

(i) for “Fishing” substitute “ Where the spawning stock biomass is above B_lim, fishing ”;

(ii) omit “in any event”;

(iii) for “the spawning stock biomass” substitute “ it ”;

(d) after paragraph 6 insert—

“7 The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 6.

8 If the Secretary of State makes a determination in reliance on paragraph 7 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

9 For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.”

(5) In Article 5 (management of by-catch stocks)—

(a) in paragraph 2, for the words from “as defined” to “1380/2013” substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(b) in paragraph 3, for “In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the” substitute “ The ”.

(6) In Article 6 (conservation reference points), for “A fisheries administration” substitute “ The Secretary of State ”.

(7) In Article 7 (safeguards)—

(a) in paragraph 1—

(i) omit “all”;

(ii) for “decrease in biomass” substitute “ current biomass or, in the case of Norway lobster, current abundance ”;

(b) after paragraph 4 insert—

“5 The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.

6 If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

7 For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.”

(8) In Article 12 (fishing authorisations and capacity ceilings), in paragraph 1—

(a) after “fishing authorisations” insert “ (which may be contained in a licence granted under section 15 of the Fisheries Act 2020) ”;

(b) for “vessels in its fleet” substitute “ United Kingdom fishing vessels ”.

(9) In Article 13 (principles and objectives of management of stocks of common interest)—

(a) in paragraph 1—

(i) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) omit “Regulation (EU) No 1380/2013, in particular Article 2(2) thereof, and of”;

(iii) omit “, thereby promoting a level-playing field for United Kingdom operators”;

(b) omit paragraph 2.

Regulation (EU) 2019/472 U.K.

10 (1) Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks is amended as follows. U.K.

(2) In Article 1 (subject-matter and scope), in paragraph 1—

(a) omit points (4) to (7), (11), (13), (18), (20), (24) to (26), (30) and (34) to (36);

(b) in point (23) omit the third, fourth and fifth indents.

(3) In Article 3 (objectives)—

(a) in paragraph 1—

(i) for the words from “objectives listed” to “1380/2013” substitute “ fisheries objectives ”;

(ii) for the words from “, and shall” to the end substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(b) in paragraph 3—

(i) after “fisheries management” insert “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(ii) for the words from “. It shall” to the end substitute “ and, where possible, reversed ”.

(4) In Article 4 (targets)—

(a) in paragraph 1 omit “by 2020”;

(b) in paragraph 2, for “A fisheries administration” substitute “ The Secretary of State ”;

(c) in paragraph 7—

(i) for “Fishing” substitute “ Where the spawning stock biomass is above B_lim, fishing ”;

(ii) omit “in any event”;

(iii) for “the spawning stock biomass” substitute “ it ”;

(d) after paragraph 7 insert—

“8 The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 7.

9 If the Secretary of State makes a determination in reliance on paragraph 8 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

10 For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.”

(5) In Article 5 (management of by-catch stocks)—

(a) in paragraph 2, for the words from “as defined” to “1380/2013” substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

(b) in paragraph 3, for “In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the” substitute “ The ”.

(6) In Article 7 (conservation reference points), for “A fisheries administration” substitute “ The Secretary of State ”.

(7) In Article 8 (safeguards)—

(a) in paragraph 1—

(i) omit “all”;

(ii) for “decrease in biomass” substitute “ current biomass or, in the case of Norway lobster, current abundance ”;

(b) after paragraph 4 insert—

“5 The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.

6 If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

7 For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.”

(8) In Article 11 (recreational fisheries), in paragraphs 1 and 2, for “any person determining fishing opportunities”, in both places it occurs, substitute “ a fisheries administration ”.

(9) In Article 12 (effort limitation for sole in the Western Channel), in paragraph 2—

(a) for “Any person determining fishing opportunities” substitute “ A fisheries administration ”;

(b) omit the words from “and for vessels” to the end.

(10) In Article 14 (fishing authorisations and capacity ceilings), in paragraph 1—

(a) after “fishing authorisations” insert “ (which may be contained in a licence granted under section 15 of the Fisheries Act 2020) ”;

(b) for “vessels in its fleet” substitute “ United Kingdom fishing vessels ”.

(11) In Article 15 (principles and objectives of management of stocks of common interest)—

(a) in paragraph 1—

(i) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

(ii) omit “Regulation (EU) No 1380/2013, in particular Article 2(2) thereof, and of”;

(iii) omit “thereby promoting a level-playing field for United Kingdom operators”;

(b) omit paragraph 2.

Regulation (EU) 2019/1241 U.K.

11 (1) Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures is amended as follows. U.K.

(2) In Article 3, in paragraph 1, for “objectives set out in the applicable provisions of Article 2 of Regulation (EU) No 1380/2013” substitute “ achievement of the fisheries objectives ”.

(3) In Article 4, in paragraph 1—

(a) in point (a), for “Article 2(2) of Regulation (EU) No 1380/2013” substitute “ the fisheries objectives ”;

(b) in point (c), for “point (j) of Article 2(5) of Regulation (EU) No 1380/2013” substitute “ the fisheries objectives ”.

(4) In Article 11, in paragraph 4, omit “and shall be compatible with the objectives set out in Article 2 of Regulation (EU) No 1380/2013”.

Commission Delegated Regulation (EU) 2019/2238 U.K.

12 (1) Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021 is amended as follows. U.K.

(2) In Article 3 (exemptions for Norway lobster)—

(a) in paragraph 1, omit point (b);

(b) omit paragraph 3.

(3) In Article 6 (exemption for plaice)—

(a) in paragraph 1, omit point (c);

(b) in paragraph 2, in point (b), for “80-99” substitute “ 80 ”;

(c) omit paragraph 4.

(4) In Article 8 (exemption for turbot), omit paragraph 2.

(5) In Article 10 (de minimis exemptions)—

(a) in point (f) after “6% in 2020” insert “ and 2021 ”;

(b) in each of points (f), (h) and (k) to (n), omit the words from “the de minimis” to the end;

(c) after point (n) insert—

“(o) in fisheries by vessels using bottom trawls (OTB, OTT, TB, TBN) of mesh size 80-99mm in the United Kingdom waters of ICES subarea 4 and ICES Division 2a:

a quantity of Norway lobster below the minimum conservation reference size, which shall not exceed 2% of the total annual catches of that species.”

Commission Delegated Regulation (EU) 2019/2239 U.K.

13 (1) Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021 is amended as follows. U.K.

(2) In Article 6 (exemption for plaice), omit paragraph (2).

(3) In Article 8 (de minimis exemptions)—

(a) in paragraph 1, in each of points (d) to (k), omit “in 2020”;

(b) omit paragraph 2.

Council Regulation (EU) 2020/123 U.K.

14 U.K. In Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, in Article 14 (remedial measures for cod in the North Sea), omit paragraphs 2 to 4.

Transitional provision U.K.

15 (1) This paragraph applies until the first JFS comes into effect. U.K.

(2) The Common Fisheries Policy Regulation (as amended by this Schedule) has effect as if—

(a) in Article 28(1), after “Article 3” there were inserted “ in a way that contributes to the achievement of the fisheries objectives ”;

(b) in Article 29(2), at the beginning there were inserted “The positions of the United Kingdom in international organisations dealing with fisheries and in RFMOs shall be based on the best available scientific advice so as to ensure that fishery resources are managed in a way that contributes to the achievement of the fisheries objectives.”;

(c) in Article 33(1)—

(i) after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”;

(ii) after “management possible” insert “ in a way that contributes to the achievement of the fisheries objectives ”.

(3) Regulation (EU) 2018/973 (as amended by this Schedule) has effect as if in Article 13(1), after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”.

(4) Regulation (EU) 2019/472 (as amended by this Schedule) has effect as if in Article 15(1), after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”.

(5) Regulation (EU) 2019/1241 (as amended by this Schedule) has effect as if in Article 11(4), after “paragraph 1 of this Article” there were inserted “ and shall contribute to the achievement of the fisheries objectives ”.

Consequential amendments U.K.

16 (1) In the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 (S.S.I. 2010/334) (as amended by the Exit Regulations)— U.K.

(a) in article 2, in paragraph (1)—

(i) omit the definition of “Regulation 2017/2403”;

(ii) in the definition of “third country recording and reporting requirement” omit paragraph (ii) (and the “or” before it);

(b) in that article, for paragraph (5) substitute—

“(5) Any expression used, and not defined, in this Order that is used in the Control Regulation or Regulation 404/2011, or that is used in both of those Regulations, has the meaning it has in the Regulation or Regulations in which it is used.”;

(c) in article 6, omit paragraph (2);

(d) in Schedule 2, in the table, omit the entries relating to Regulation 2017/2403.

(2) In the Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320) (as amended by the Exit Regulations), in article 2(1)—

(a) omit the definition of “Regulation 2017/2403”;

(b) in the definition of “third country control measure”—

(i) omit “Regulation 2017/2403 or”;

(ii) omit paragraph (a).

(3) In this paragraph “the Exit Regulations” means the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24).