The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

Statutory Instruments

2009 No. 3391

Sea Fisheries, England And Wales

The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

Made

23rd December 2009

Laid before Parliament

4th January 2010

Laid before the National Assembly for Wales

4th January 2010

Coming into force

25th January 2010

The Secretary of State for Environment, Food and Rural Affairs, the Secretary of State concerned with sea fishing in Northern Ireland and the Welsh Ministers are each designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

This Order makes provision for a purpose mentioned in that section and it appears to the Secretary of State for Environment, Food and Rural Affairs, the Secretary of State concerned with sea fishing in Northern Ireland and the Welsh Ministers that it is expedient for the references to the following Regulations to be construed as references to those Regulations as amended from time to time—

(a) Council Regulation (EEC) No 2847/93(3) establishing a control system applicable to the common fisheries policy;

(b) Council Regulation (EC) No 1005/2008(4) establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing; and

(c) Commission Regulation (EC) No 1010/2009(5) laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008.

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland make this Order in relation to England in exercise of the powers conferred by section 2(2) of, and paragraph 1A(6) of Schedule 2 to, the European Communities Act 1972 and section 30(2) of the Fisheries Act 1981(7) and now vested in them(8).

The Welsh Ministers make this Order in relation to Wales in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and section 30(2) of the Fisheries Act 1981 now vested in them(9).

(1)

S.I. 1972/1811 and S.I. 2005/2766. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), functions conferred on the National Assembly for Wales by the designation in S.I. 2005/2766 are exercisable by the Welsh Ministers.

(2)

1972 c. 68.

(3)

OJ No L 261, 20.10.93, p1 as last amended by Council Regulation (EC) No 1967/2006 (OJ No L 409, 30.12.06, p.11).

(4)

OJ No L 286, 29.10.08, p1.

(5)

OJ No L 280, 27.10.09, p5.

(6)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(7)

1981 c. 29.

(8)

The function of the Ministers (see the definition in section 30(3)) under section 30(2) of the Fisheries Act 1981 exercisable in relation to British fishing boats (other than Scottish ones) within the Scottish zone and Scottish fishing boats outside that zone but within British fishery limits remains exercisable by the Ministers despite being transferred to the Scottish Ministers under section 53(1) of the Scotland Act 1998 (c. 46): see article 3(1) of, and Schedule 1 to, the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592). The function under section 30(2) exercisable in relation to the Northern Ireland zone and Northern Ireland fishing boats outside that zone remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(2) of, and paragraph 3 of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 2 to that Order. Any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) of the Fisheries Act 1981 in relation to England have been transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 30(2) has been transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(9)

The function of the Ministers under section 30(2) of the Fisheries Act 1981 was transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c.38)) in so far as exercisable in relation to Wales by article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).