Scottish Statutory Instruments

2010 No. 334

Sea Fisheries

The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010

Made

16th September 2010

Laid before the Scottish Parliament

21st September 2010

Coming into force

31st October 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 M1 and paragraph 1A of Schedule 2 to the European Communities Act 1972 M2 and all other powers enabling them to do so.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M3 and it appears to the Scottish Ministers that it is expedient for any reference to Council Regulation (EC) No. 1224/2009 M4 to be construed as a reference to that Regulation as amended from time to time.

Marginal Citations

M11981 c.29 (“the 1981 Act”); relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers” are contained in section 30(3) of the 1981 Act. Section 30 of the 1981 Act has effect in relation to Scotland as modified by section 30(5) of that Act, inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 68(5)(b).

M21972 (c.68). Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 28 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”).

M3Section 2(2) was amended by the Scotland Act 1998, Schedule 8, paragraph 15(3), which was amended by the 2006 Act, section 27(4). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and Part 1 of the Schedule to the 2008 Act.

M4O.J. No. L 343, 22.12.09, p.1.