SCHEDULES

SCHEDULE 4Access and licensing: minor and consequential amendments

PART 2Licensing of fishing boats

18Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

1

The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.S.I. 2011/70) are amended as follows.

2

In regulation 1 (citation, commencement, extent and application)—

a

in paragraph (2), omit the words from “and the Scottish zone only” to the end;

b

for paragraph (3) substitute—

3

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 Scottish fishing boats;

b

licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Scottish 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 Scottish fishing boats, or

ii

by the Scottish Ministers in respect of foreign fishing boats.

3

In regulation 2 (interpretation)—

a

for the definition of “licence” substitute—

  • “licence” means a licence to which these regulations apply (see regulation 1(3));

b

in the definition of “nominee”—

i

in paragraph (b) for “a member State” substitute “the United Kingdom”;

ii

in the closing words, omit “Scottish”;

c

in the definition of “Scottish fishing boat”, omit “; and in respect of which the Scottish Ministers may grant or have granted a licence”;

d

for the definition of “sea fishing licence” substitute—

  • “sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(3)(a) or (b);

e

after that definition insert—

  • “temporary foreign vessel licence” means a licence that—

    1. a

      is granted in respect of a foreign fishing boat, and

    2. b

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

4

In regulation 3 (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 “Scottish fishing boat” substitute “fishing boat”;

b

in paragraph (1), in sub-paragraphs (a) and (b), after “charterer or” insert “, in the case of a Scottish fishing boat,”;

c

after that paragraph insert —

1A

A temporary foreign vessel licence is to 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 Scottish Ministers or of a person granting the licence on their behalf.

1B

In paragraph (1A), “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.

d

in paragraph (2)—

i

in sub-paragraph (a), at the beginning, insert “in the case of a Scottish fishing boat”;

ii

in sub-paragraph (b), omit “Scottish”;

e

in paragraphs (3) and (4), for “Scottish fishing boat” substitute “fishing boat”.

5

In regulation 4 (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 communication 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 temporary foreign vessel licence communicated in accordance with regulation 3(1A) is to be treated as granted immediately it is published in accordance with that provision.

e

in paragraph (5) (in both places), for “delivered” substitute “granted”.

6

In regulation 5 (time at which licences and notices to have effect), in paragraph (a)—

a

after “3(1)” insert “or (1A)”;

b

for “delivered” substitute “granted”.