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The Sea Fisheries (Northern Ireland) Order 2002
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- UK Statutory Instruments
- 2002 No. 790
- SCHEDULE 2
- Paragraph 3
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Function under section 30 of the Fisheries Act 1981 F1...U.K.
3.—(1) The function conferred by section 30(2) of making provision by order for the enforcement of any [F2[F3assimilated] restriction or [F3assimilated]] obligation relating to sea fishing—
(a)within the Northern Ireland zone, and
(b)outside that zone in relation to Northern Ireland fishing boats,
shall be treated as exercisable in or as regards Northern Ireland for the purposes of section 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act and shall be transferred to the Department of Agriculture and Rural Development.
(2) That function shall, despite its transfer under paragraph (1), be exercisable by the person by whom it was exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
(3) Section 30(4) shall not apply to an order made by the Department of Agriculture and Rural Development, but any such order—
(a)shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
(b)shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Textual Amendments
F1Words in Sch. 2 para. 3 heading omitted (31.12.2020) by virtue of The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 2 para. 3(1) substituted (31.12.2020) by The Fisheries (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/746), regs. 1, 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Sch. 2 para. 3(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 48(2)
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