Fisheries Act 2020

34 Charges: powers of Marine Management Organisation U.K.

(1) The Secretary of State may by regulations make provision for the Marine Management Organisation (“the MMO”) to impose charges in respect of the exercise by the MMO of a relevant marine function.

(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 MMO.

(6) A power conferred on the MMO under this section does not affect, and is not affected by, any other power of the MMO to impose charges.

(7) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(8) Regulations under this section are subject to the negative resolution procedure.

(9) In this section—

• “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.

(10) Schedule 7 contains provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section.