The Sea Fishing (Recovery Measures) Order 2008

Statutory Instruments

2008 No. 2347

Sea Fisheries, England And Wales

The Sea Fishing (Recovery Measures) Order 2008

Made

1st September 2008

Laid before Parliament

5th September 2008

Coming into force

30th September 2008

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland make the following Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981(1), and now vested in them(2), and by paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to those Secretaries of State that it is expedient for references in this Order to a Community instrument or to any provision of a Community instrument to be construed as a reference to that instrument or that provision as amended from time to time.

(1)

1981 c. 29 (“the 1981 Act”). See section 30(3) for the definitions of “the Ministers” (as modified in relation to Scotland by section 30(5), “enforceable Community restriction” and “enforceable Community obligation”.

(2)

The function of the Ministers under section 30(2) of the 1981 Act in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Despite its transfer, that function remains exercisable by the Ministers in relation to Wales for the purpose of implementing Community obligations and connected purposes: see section 58 of, and paragraph 5 of Schedule 3 to, the Government of Wales Act 2006, as read with paragraph 26(1) of Schedule 11.

The function under section 30(2) exercisable in relation to British fishing boats (other than Scottish ones) within the Scottish zone and Scottish fishing boats outside that zone but within British fishery limits remains exercisable by the Ministers despite being transferred to the Scottish Ministers under section 53(1) of the Scotland Act 1998 (c. 46): see article 3(1) of, and Schedule 1 to, the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592).

The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3 of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order.

Any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) the 1981 Act in relation to England have been transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) has been transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).