The Welsh Zone (Boundaries and Transfer of Functions) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the boundaries of the “Welsh zone” and provides for certain functions connected with fishing, fisheries and fish health to be exercisable by the Welsh Ministers in relation to that zone.

The “Welsh zone” is defined by section 158(1) of the Government of Wales Act 2006 (“the 2006 Act”) for the purposes of that Act. That definition also applies for the purposes of the Marine and Coastal Access Act 2009 (by virtue of section 322 of that Act) and of certain other enactments amended by that Act.

Article 3 specifies the boundaries of the sea within British fishery limits which is to be treated as adjacent to Wales for the purposes of the definition of the Welsh zone (and which therefore constitutes the zone).

Article 4 transfers to the Welsh Ministers certain functions under enactments connected with fishing, fisheries and fish health which are currently exercisable by Ministers of the Crown in relation to the Welsh zone.

Article 5 provides that certain functions are to be exercisable concurrently by the Welsh Ministers and Ministers of the Crown in relation to the Welsh zone.

The functions mentioned in articles 4 and 5 are already exercisable by the Welsh Ministers in relation to Wales (including the sea adjacent to Wales out as far as the seaward boundary of the territorial sea), so the effect of those articles is limited to the part of the Welsh zone which lies beyond the seaward boundary of the territorial sea.

Articles 6 to 8 make further provision related to articles 4 and 5.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.