The Sea Fishing (Licences and Notices) Regulations 1994

Prospective

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in accordance with section 4B of the Sea Fish (Conservation) Act 1967 for the manner in which a sea fishing licence under section 4 of that Act or a licence to receive trans-shipped fish under section 4A of that Act may be granted and in which a notice of variation, revocation or suspension of any such licence may be effected in accordance with section 4(9) or 4A(10) respectively.

Regulation 2(1) provides for the granting of a licence to the owner or charterer of a vessel by communicating it, by a method specified, to a person nominated by the owner or charterer to receive it (“a nominee”). Regulation 2(2) provides for the effecting of a notice by communicating it to a nominee or to the master of the vessel. Regulation 2(3) provides for the effecting of notices of variation, suspension or revocation of all licences or all licences of a particular type granted by a Minister by publishing a notice in a newspaper.

Regulation 3 specifies the time at which a licence or notice communicated in accordance with regulation 2 will be treated as having been delivered or given, according to the method of communication adopted.

Regulation 4 specifies the time at which a licence or notice treated as delivered or given in accordance with regulation 3 will have effect, according to the method of communication adopted.

Regulation 5 makes special provision for the time at which a licence or a notice will take effect where–

(a) more than one method of communicating it is employed, and

(b) the licence or notice states that it will take effect later than provided for in regulation 4.

The Compliance Cost Assessment relating to these Regulations is available in the library of each House of Parliament. A copy of it can be obtained from either Fisheries Division IV, Ministry of Agriculture, Fisheries and Food, Room 432, Nobel House, Smith Square, London SW1P 3JR, the Scottish Fisheries Protection Agency, Room 527, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY, Welsh Office Agriculture Department, Crown Building, Cathays Park, Cardiff CF1 3NO or Department of Agriculture for Northern Ireland, Hut 5, Castle Grounds, Stormont Estate, Belfast BT4 3PW.