The Fishery Limits Act 1976 (Guernsey) Order 1989

Article 2

SCHEDULE EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF PROVISIONS OF THE FISHERY LIMITS ACT 1976 TO THE BAILIWICK OF GUERNSEY

1.  Any reference to an enactment shall, unless the contrary intention appears, be construed as a reference to that enactment as it has effect in the Bailiwick of Guernsey.

2.—(1) In section 2(2) and (3)

(a) after “subsection (1)” there shall be inserted “of this section as it has effect in the United Kingdom”, and

(b) after “British fishery limits” there shall be inserted “adjacent to Guernsey”.

(2) In section 2(4), after “British fishery limits” there shall be inserted “adjacent to Guernsey”.

(3) Section 2(5)(c) shall be omitted.

(4) For section 2(7) there shall be substituted the following subsection:

“(7) Any order made under this section shall not come into force in Guernsey until registered in the Royal Court of Guernsey.”.

3.  In section 8 —

(a) for the definition of “enactment” there shall be substituted the following definition:

““enactment” includes any enactment within the meaning of the Interpretation (Guernsey) Law 1948 which is for the time being in force in Guernsey or in any part thereof;”;

(b) in the definition of “foreign fishing boat” for paragraphs (b) and (c) there shall be substituted the following paragraphs:

“(b) exempted from registration by regulations under section 373 of the Merchant Shipping Act 1894 (1); or

(c) owned wholly by a person who is (within the meaning of the Merchant Shipping Act 1894) qualified to own a British ship;”, and

(c) there shall be inserted —

(i) after the words “this Act” the following definition:

““British fishery limits adjacent to Guernsey” means that part of British fishery limits not exceeding 12 miles from the baselines from which the breadth of the territorial sea adjacent to Guernsey is measured;”, and

(ii) after the definition of “foreign fishing boat”, the following definition:

““Guernsey” means the Bailiwick of Guernsey;”.

4.  In Schedule 3 —

(a) in paragraph 1(2), after “section 2(1) of this Act” there shall be inserted “as it has effect in the United Kingdom”;

(b) paragraphs 2, 3 and 4 shall be omitted;

(c) in paragraph 5, sub-paragraphs (3) and (4) shall be omitted;

(d) paragraph 6 shall be omitted;

(e) in paragraph 7(2), after “British fishery limits” there shall be inserted “adjacent to Guernsey”;

(f) for paragraph 8 there shall be substituted the following paragraph:

“8.   Subject to the foregoing provisions of this Schedule, references in instruments made under enactments to the “fishery limits of the British Islands”, the “exclusive fishery limits” and the “outer belt”, and to similar references, shall continue to be construed in accordance with the Fishery Limits Act 1964 (2)”, and

(g) paragraph 9 shall be omitted.

5.  Schedule 4 shall have effect only in relation to enactments which have effect in the Bailiwick of Guernsey.

(1)

1894 c. 60

(2)

1964 c. 72