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Marine and Coastal Access Act 2009

Section 43: Welsh zone

135.This section amends section 158(1) of the Government of Wales Act 2006 to insert a definition of the Welsh zone.  The first part of the definition establishes that the Welsh zone goes out as far as the British fishery limits – to the west of Wales, this is the median line between Wales and Ireland set by virtue of the Fishery Limits Act 1976.  An order will have to be made to set the boundaries of the zone by specifying its co-ordinates, in particular so as to define its southern boundary. That provision could be included in an order made under section 158(3) (as substituted) or in an Order in Council under section 58 of the 2006 Act.

136.This section also introduces Schedule 4. Paragraph 6(3) of that Schedule provides that functions of the Minister of the Crown that are exercisable in relation to the area of the Welsh zone beyond the seaward boundary of the territorial sea may be transferred to the Welsh Ministers if they are connected with fishing, fisheries or fish health. Such functions may be transferred by means of an Order in Council (commonly referred to as a “Transfer of Functions Order”) under section 58 of the 2006 Act.  Schedule 4 makes other amendments to other sections of the same Act relating to the establishment of the Welsh zone.

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