The Fishing Vessels (Decommissioning) Scheme 1994

Interpretation

2.—(1) In this Scheme, unless the context otherwise requires–

“capacity units”, in relation to a vessel, means–

where:

• L is the length of the vessel expressed in metres,

• B is the breadth of the vessel expressed in metres, and

• P is the engine power of the vessel expressed in kilowatts;

“Commission Decision 92/593” means Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86 (1);

“Council Regulation 2930/86” means Council Regulation (EEC) No. 2930/86 defining characteristics for fishing vessels (2);

“decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry by means of scrapping and references to “decommissioning grant” shall be construed accordingly;

“fishing trips” includes time spent steaming between port and fishing ground and between one fishing ground and another;

“length”, in relation to a vessel, except in the case of paragraph 3(1)(e), means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation 2930/86;

“licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 (3);

“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;

“the register” means the register of fishing vessels established under section 1 of the Merchant Shipping (Registration, etc) Act 1993 (4) and references to “registered” shall be construed accordingly;

“scrapping”, in relation to a vessel, means permanently breaking up the vessel, or otherwise permanently disabling it (but not, in either case, by scuttling), so that it is incapable of use for any seagoing purpose.

(2) Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.

(3) Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in the Scheme to such a payment shall be construed accordingly.

(1)

O.J. No. L401, 31.12.92, p.33; the reference for Council Regulation (EEC) No. 4028/86 is O.J. No. L376, 31.12.86, p.7.

(2)

O.J. No. L274, 25.9.86, p.1.

(3)

1967 c. 84; section 4 was amended by the Fishery Limits Act 1976 (c. 86), section 3, the Fisheries Act 1981 (c. 29), section 20 and the Sea Fish (Conservation) Act 1992 (c. 60), section 1.

(4)

1993 c. 22.