SCHEDULES

SCHEDULE 4Access and licensing: minor and consequential amendments

PART 2Licensing of fishing boats

Sea Fishing (Licences and Notices) Regulations 1994

15

1

The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows.

2

In regulation 1 (citation, commencement and interpretation)—

a

in the heading, after “commencement” insert “ , application ”;

b

after paragraph (1) insert—

1A

These regulations apply in relation to—

a

licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats;

b

licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and

c

licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

i

in respect of Welsh fishing boats, or

ii

by the Welsh Ministers in respect of foreign fishing boats.

c

in paragraph (2), for the definition of “licence” substitute—

“licence” means a licence to which these regulations apply (see regulation 1(1A));

d

in paragraph (2), in the definition of “nominee”, in paragraph (b), for “in a member State and having a place of business” substitute “ , and having a place of business, ”;

e

in paragraph (2), for the definition of “sea fishing licence” substitute—

“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);

f

in paragraph (2), at the end insert—

“temporary foreign vessel licence” means a licence that—

a

is granted in respect of a foreign fishing boat, and

b

has effect for a period of no more than three weeks;

“Welsh fishing boat” means a fishing boat—

a

which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

b

whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

3

In regulation 2 (communication of licences and notices)—

a

in paragraph (1), in the opening words—

i

after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

ii

for “a nominee” substitute “ an appropriate recipient ”;

b

in paragraph (1), for sub-paragraph (d) substitute—

d

subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.

c

for paragraph (2) substitute—

2

A notice shall be effected by communicating it to an appropriate recipient—

a

in any of the ways specified in paragraph (1);

b

by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or

c

in accordance with paragraph (3).

d

after that paragraph insert—

2A

In paragraphs (1) and (2), “an appropriate recipient” means—

a

in relation to a licence or notice relating to a Welsh fishing boat—

i

the owner or charterer of the fishing boat, or

ii

a nominee of that owner or charterer;

b

in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

2B

A temporary foreign vessel licence shall be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

a

transmitting it to the relevant person by means of an electronic communication, and

b

subsequently publishing it on the website of the Welsh Ministers or of a person granting the licence on their behalf.

2C

In paragraph (2B), “the relevant person”, in relation to a foreign fishing boat, means—

a

if the fishing boat is registered in a member State, the European Commission;

b

if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

e

in paragraph (3), in the closing words, omit “granted by the appropriate Minister,”;

f

after paragraph (4) insert—

5

A notice, other than a notice published in accordance with paragraph (3), must—

a

specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or

b

in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences.

6

A licence, other than a temporary foreign vessel licence, or notice may be communicated to a person by means of an electronic communication only if the following conditions are met—

a

the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and

b

the person has specified an address for the purpose of receiving such communications.

4

In regulation 3 (delivery of licences and giving of notices)—

a

in the heading, for “Delivery” substitute “ Granting ”;

b

in paragraphs (1) and (2), for “delivered” substitute “ granted ”;

c

in paragraph (3)—

i

after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

ii

for “a nominee's” substitute “ an ”;

iii

for “delivered” substitute “ granted ”;

d

after paragraph (3) insert—

3A

In relation to a licence or notice transmitted by electronic means at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour.

3B

A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published in accordance with that provision.

3C

A temporary foreign vessel licence communicated in accordance with regulation 2(2B) shall be treated as granted immediately it is published in accordance with that provision.

e

in paragraph (5) (in each place it occurs), for “delivered” substitute “ granted ”.

5

In regulation 4 (time at which licences and notices to have effect)—

a

in paragraph (a)—

i

after “2(1)” insert “ or (2B) ”;

ii

omit “, and a notice which is communicated in accordance with regulation 2(2)(b),”;

iii

for “delivered or given” substitute “ granted ”;

b

in paragraph (b), omit the “and” at the end;

c

after that paragraph (b) insert—

ba

a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and