The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Scottish Statutory Instruments

2019 No. 69

Exiting The European Union

Fisheries

The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Made

21st February 2019

Laid before the Scottish Parliament

25th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 M2 and all other powers enabling them to do so.

Marginal Citations

M1 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

M2 2018 c.16.

PART 1 S Introduction

Citation and commencement S

1.—(1) These Regulations may be cited as the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.

(2) These Regulations come into force as follows—

(a) Parts 1 and 2 come into force on 28 March 2019,

(b) Part 3 comes into force on exit day.

Commencement Information

I1 Reg. 1 in force at 28.3.2019, see reg. 1(2)(a)

PART 2 S Amendments to Out of Date References in Subordinate Legislation

The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 S

3.—(1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 M3 is amended as follows.

(2) In article 2(1), for the definition of “the Council Regulation”, substitute—

““the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms M4 , as last amended by Council Regulation (EU) No. 812/2015 M5 ;”.

Commencement Information

I2 Reg. 3 in force at 28.3.2019, see reg. 1(2)(a)

Marginal Citations

M3 S.S.I. 2000/227 as amended by S.S.I. 2001/250, S.S.I. 2009/165 and S.S.I. 2010/231.

M4 OJ L 125, 27.4.1998, p.1.

M5 OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

The Shrimp Fishing Nets (Scotland) Order 2004 S

4.—(1) The Shrimp Fishing Nets (Scotland) Order 2004 M6 is amended as follows.

(2) For article 2(2), substitute—

“(2) For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets M7 .”.

Commencement Information

I3 Reg. 4 in force at 28.3.2019, see reg. 1(2)(a)

Marginal Citations

M6 S.S.I. 2004/261 as amended by S.S.I. 2008/10.

M7 OJ L 151, 11.6.2008, p.5.

The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 S

5.—(1) The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 M8 is amended as follows.

(2) In article 2(1), in the definition of “the Regulation”, at the end insert “ , as amended by Council Regulation (EU) No. 605/2013 M9 ”.

Commencement Information

I4 Reg. 5 in force at 28.3.2019, see reg. 1(2)(a)

Marginal Citations

M8 S.S.I. 2007/39 as amended by S.S.I. 2015/320.

M9 OJ L 181, 29.6.2013, p.1.

The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 S

F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 6 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)

F3 PART 3 S Other Amendments to Subordinate Legislation (EU Exit)

Textual Amendments

F3 Pt. 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(3), 7(3)

The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 S

F3 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 S

F3 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation concerning technical conservation measures for sea fisheries. The amendments update references to a number of EU instruments referred to in that legislation. The amendments also address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends the following subordinate legislation concerning technical conservation measures relating to sea fisheries: the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000; the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000; the Shrimp Fishing Nets (Scotland) Order 2004; the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007; and the Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010. Regulations 2 to 6 update or replace out of date references to EU law with either equivalent text or references to current EU instruments. References to EU instruments which are no longer in force are removed and, where appropriate, references to repealed EU instruments are replaced with references to current EU equivalents.

Part 3 makes amendments to subordinate legislation concerning technical conservation measures relating to sea fisheries. Regulations 7 and 8 make amendments to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union by updating, replacing or removing EU references, including references to EU instruments, which will become redundant or will no longer be appropriate after exit day.

A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.