SCHEDULE 2

PART IMODIFICATIONS OF ACTS OF PARLIAMENT

Sea Fisheries Act 1968 (c. 77)48

1

The Sea Fisheries Act 1968 is amended as follows.

2

In section 5 (regulation of conduct of fishing operations)59–

a

in subsection (2)–

i

in paragraph (a), before “British fishing boats” there is inserted “relevant”; and

ii

for paragraph (b) there is substituted–

b

to all Scottish or foreign fishing boats, and things done by such boats and their crews, in waters within relevant British fishery limits

b

in subsection (3), before “British fishery limits” there is inserted “relevant”; and

c

after subsection (5) there is inserted–

6

This section has effect in relation to Scotland with the following modifications–

a

in subsection (2)(a), for “relevant British fishing boats” there is substituted “Scottish fishing boats”;

b

in subsection (2)(b)–

i

for “Scottish” there is substituted “relevant British”; and

ii

for “relevant British fishery limits” there is substituted “the Scottish zone”; and

c

in subsection (3) for “relevant British fishery limits” there is substituted “the Scottish zone”.

3

In section 7 (sea-fishery officers)–

a

in subsection (1)(d), after “Secretary of State” there is inserted “or of the Scottish Ministers”; and

b

in subsection (5)(b), for “Secretary of State” there is substituted “Scottish Ministers”.

4

In section 18(2)(orders)60, at the end there is inserted “or, in the case of an order in relation to Scotland, the Scottish Parliament”.

5

In section 19(1) (interpretation)61–

a

there is inserted in the appropriate places–

  • “relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat

  • “relevant British fishery limits” means British fishery limits so far as they do not relate to the Scottish zone

  • “the Scottish zone” has the same meaning as in the Scotland Act 1998

  • “Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging

b

in the definition of “foreign fishing boat”, before “British fishing boat” there is inserted “relevant”, and after those words there is inserted “or a Scottish fishing boat”;

c

in the definition of “the Ministers”–

i

after “means” there is inserted “, in relation to England, Wales and Northern Ireland;” and

ii

at the end there is inserted “and, in relation to Scotland, the Scottish Ministers”; and

d

in the definition of “Sea Fisheries Acts”, after “sea-fishing”, there is inserted “including any Act of the Scottish Parliament and any subordinate legislation made under such an Act, and”.