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—
- a
is granted in respect of a foreign fishing boat, and
- 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”.