The Welsh Zone (Boundaries and Transfer of Functions) Order 2010

The boundaries of the Welsh zone

3.—(1) For the purposes of the definition of “the Welsh zone” in section 158(1) of the Government of Wales Act 2006(1), the part of the sea within British fishery limits which is to be treated as adjacent to Wales is, subject to paragraph (2), the part which is within limits measured from baselines in Wales(2).

(2) Any part of the sea within British fishery limits which is within limits measured from baselines in Wales but which is separated from Wales by—

(a) the northern boundary described in paragraph (3), or

(b) the southern boundary described in paragraph (4),

is not to be treated as adjacent to Wales for the purposes mentioned in paragraph (1).

(3) The northern boundary—

(a) follows a geodesic line joining the co-ordinates numbered 1 to 11 in Part 1 of the Schedule,

(b) then follows the seaward limit of the territorial sea adjacent to the Isle of Man(3) to the point where it meets the boundary of the Northern Ireland zone,

(c) then follows the boundary of the Northern Ireland zone to the co-ordinate numbered 12 in Part 1 of the Schedule.

(4) The southern boundary follows a geodesic line joining the co-ordinates numbered 1 to 22 in Part 2 of the Schedule.

(1)

This Article also has effect for the purposes of the definition of the Welsh zone for the purposes of the Marine and Coastal Access Act 2009 (see section 322(1), (6) and (7)(b) of that Act), section 17 of the Sea Fisheries (Shellfish) Act 1967 (as amended by section 212 of the Marine and Coastal Access Act 2009) and sections 132 and 134 of the Environmental Protection Act 1990 (c. 43) (as amended by section 313 of the Marine and Coastal Access Act 2009).

(2)

The baselines from which British fishery limits are measured are those from which the territorial sea of the United Kingdom is measured (see section 1(1) of the Fishery Limits Act 1976). The baselines were promulgated in the Territorial Waters Order in Council 1964 and the Territorial Waters (Amendment) Order in Council 1979, which were made under the Royal Prerogative but later had effect as Orders in Council made by virtue of section 1(1)(b) of the Territorial Sea Act 1987 (c. 49) (see section 1(4) of that Act). The 1979 Order in Council was superseded and revoked by the Territorial Sea (Amendment) Order 1996 (S.I. 1996/1628), which was itself superseded and revoked by the Territorial Sea (Amendment) Order 1998 (S.I. 1998/2564).

(3)

See the Territorial Sea Act 1987 (Isle of Man) Order 1991 (S.I. 1991/1722).