The Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) Order (Northern Ireland) 2008

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(2) and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;

“Northern Ireland zone” has the same meaning as in section 98(1) of the Northern Ireland Act 1998(3);

“other fishing boat” means a fishing boat other than a Northern Ireland fishing boat;

“the Regulation” means Commission Regulation (EC) No 356/2005(4) laying down detailed rules for the marking and identification of passive fishing gear and beam trawls, as amended by Commission Regulation (EC) No 1805/2005(5);

“relevant offence” means—

(a)

an offence under Article 3 of this Order; or

(b)

an offence under any provision in any other order made under section 30(2) of the Fisheries Act 1981 for the purposes of implementing the Regulation in relation to any part of the United Kingdom which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981(6);

“territorial sea” has the same meaning as in section 1 of the Territorial Sea Act 1987(7).

(3) Expressions in this Order which are not defined in the Order and which appear in the Regulation have the same meaning in this Order as they have in the Regulation.

(1)

1954 c. 33 (N.I.)

(2)

1995 c.21.

(3)

1998 c.47.

(4)

OJ L56, 02.03.2005, p.8.

(5)

OJ L290, 04.11.2005, p.12.

(6)

Subsection 30(2A) was inserted by the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999, S.I. 1999/1820.

(7)

1987 c.49