Fisheries Act 2020

Sections 3, 5 and 8

SCHEDULE 1 U.K. Fisheries statements and management plans: preparation and publication

PART 1 U.K. Joint fisheries statement

Introductory U.K.

1 (1) This Part applies in relation to the preparation and publication by the fisheries policy authorities of— U.K.

(a) a JFS, or

(b) amendments of a JFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

2 (1) The fisheries policy authorities acting jointly must— U.K.

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) Each of the fisheries policy authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authorities to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before appropriate legislature U.K.

3 (1) Each of the fisheries policy authorities must— U.K.

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by the appropriate legislature, and

(b) on or before the first day of that period lay a copy of the consultation draft before the appropriate legislature.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) an appropriate legislative body passes a resolution with regard to the consultation draft, or

(b) an appropriate legislative committee makes a recommendation with regard to the consultation draft.

(3) The fisheries policy authority must lay before the appropriate legislature a statement setting out its response to the resolution or recommendation.

(4) In this paragraph—

• “the appropriate legislature” means—

  (a)

  where the fisheries policy authority is the Secretary of State, Parliament;

  (b)

  where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;

  (c)

  where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;

  (d)

  where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

• “an appropriate legislative body” means—

  (a)

  where the fisheries policy authority is the Secretary of State, either House of Parliament;

  (b)

  where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;

  (c)

  where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;

  (d)

  where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

• “an appropriate legislative committee” means a committee of an appropriate legislative body;

• “the consultation draft” means the draft prepared and published under paragraph 2.

Publication of the relevant document U.K.

4 (1) Sub-paragraph (2) applies where— U.K.

(a) each fisheries policy authority has complied with paragraphs 2 and 3, and

(b) the fisheries policy authorities have decided on the final text of the relevant document.

(2) The fisheries policy authorities acting jointly must publish the relevant document as soon as reasonably practicable.

PART 2 U.K. Secretary of State fisheries statement

Introductory U.K.

5 (1) This Part applies in relation to the preparation and publication by the Secretary of State of— U.K.

(a) an SSFS, or

(b) amendments of an SSFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

6 (1) The Secretary of State must— U.K.

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as the Secretary of State considers appropriate, and

(c) take such steps as the Secretary of State considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) The Secretary of State must, in settling the final text of the relevant document, have regard to any representations made to the Secretary of State about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the Secretary of State to be likely to be interested in, or affected by, the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before Parliament U.K.

7 (1) The Secretary of State must— U.K.

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by Parliament, and

(b) on or before the first day of that period lay a copy of the consultation draft before Parliament.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) either House of Parliament passes a resolution with regard to the consultation draft, or

(b) a committee of either House of Parliament makes a recommendation with regard to the policies contained in the consultation draft.

(3) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendation.

(4) In this paragraph “the consultation draft” means the draft prepared and published under paragraph 6.

Publication of the relevant document U.K.

8 (1) Sub-paragraph (2) applies where the Secretary of State has— U.K.

(a) complied with paragraphs 6 and 7, and

(b) decided on the final text of the relevant document.

(2) The Secretary of State must publish the relevant document as soon as reasonably practicable.

PART 3 U.K. Fisheries management plans

Introductory U.K.

9 (1) This Part applies in relation to— U.K.

(a) the preparation and publication by a single fisheries policy authority of—

(i) a fisheries management plan,

(ii) amendments of a fisheries management plan, or

(iii) a document under section 7(2)(c) revoking a fisheries management plan, or

(b) the preparation and publication by two or more fisheries policy authorities of such a document.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation U.K.

10 (1) Sub-paragraphs (2) and (3) apply in a case within paragraph 9(1)(a); and references in those sub-paragraphs to “the relevant authority” are to the fisheries policy authority mentioned in paragraph 9(1)(a). U.K.

(2) The relevant authority must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as it considers appropriate, and

(c) take such steps as it considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(3) The relevant authority must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(4) Sub-paragraphs (5) and (6) apply in a case within paragraph 9(1)(b); and references in those sub-paragraphs to the relevant authorities are to the fisheries policy authorities mentioned in paragraph 9(1)(b).

(5) The relevant authorities acting jointly must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(6) Each of the relevant authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(7) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authority or authorities in question to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Publication of the relevant document U.K.

11 (1) Sub-paragraph (2) applies in a case within paragraph 9(1)(a) where the fisheries policy authority mentioned in paragraph 9(1)(a) has— U.K.

(a) complied with paragraph 10, and

(b) decided on the final text of the relevant document.

(2) The fisheries policy authority must publish the relevant document as soon as reasonably practicable.

(3) Sub-paragraph (4) applies in a case within paragraph 9(1)(b) where—

(a) each of the fisheries policy authorities mentioned in paragraph 9(1)(b) (“the relevant authorities”) have complied with paragraph 10, and

(b) the relevant authorities have decided on the final text of the relevant document.

(4) The relevant authorities acting jointly must publish the relevant document as soon as reasonably practicable.