The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

Article 3(1) and (2)

SCHEDULE 1 E+W Transferors and transferees

Local fisheries committee	IFC authority
Cornwall Sea Fisheries Committee(1)	Cornwall Inshore Fisheries and Conservation Authority(2)
Cumbria Sea Fisheries Committee(3)	North Western Inshore Fisheries and Conservation Authority(4)
Devon Sea Fisheries Committee(5)	Devon and Severn Inshore Fisheries and Conservation Authority(6)
Eastern Sea Fisheries Committee(7)	Eastern Inshore Fisheries and Conservation Authority(8)
Isles of Scilly Sea Fisheries Committee(9)	Isles of Scilly Inshore Fisheries and Conservation Authority(10)
Kent and Essex Sea Fisheries Committee(11)	Kent and Essex Inshore Fisheries and Conservation Authority(12)
North Eastern Sea Fisheries Committee(13)	North Eastern Inshore Fisheries and Conservation Authority(14)
North Western Sea Fisheries Committee(15)	North Western Inshore Fisheries and Conservation Authority(16)

Northumberland Sea Fisheries Committee(17)	Northumberland Inshore Fisheries and Conservation Authority(18)
Southern Sea Fisheries Committee(19)	Southern Inshore Fisheries and Conservation Authority(20) )
Sussex Sea Fisheries Committee(21)	Sussex Inshore Fisheries and Conservation Authority(22)

Article 9

SCHEDULE 2 E+W Amendments and revocations

PART 1 E+W Amendments

The Poole Fishery Order 1985 E+W

1.—(1) The Poole Fishery Order 1985(23) is amended as follows.

(2) In article 1(3) (title, commencement, period of operation and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Southern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) For “Committee”, wherever occurring, substitute “Authority”.

The River Roach Oyster Fishery Order 1992 E+W

2.—(1) The River Roach Oyster Fishery Order 1992(24) is amended as follows.

(2) In article 1(3) (title, commencement, duration and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) For “Committee”, wherever occurring, substitute “Authority”.

The Wash Fishery Order 1992 E+W

3.—(1) The Wash Fishery Order 1992(25) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Eastern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 8(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Thames Estuary Cockle Fishery Order 1994 E+W

4.—(1) The Thames Estuary Cockle Fishery Order 1994(26) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 4(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Merchant Shipping (Load Line) Regulations 1998 E+W

5.—(1) The Merchant Shipping (Load Line) Regulations 1998(27) are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “local fisheries committee” and insert at the appropriate place—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In regulation 4(2)(c)(ii) (application), for the words “a local fisheries committee”, substitute “an inshore fisheries and conservation authority”.

The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 E+W

6.—(1) The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000(28) is amended as follows.

(2) In article 2(1) (interpretation), for the definition of “local fisheries committee” substitute—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 9 (powers of other officers)—

(a) for paragraph (1)(c), substitute—

“(c) any inshore fisheries and conservation officer of an inshore fisheries and conservation authority acting within any part of the district of the authority,”;

(b) in paragraph (2), for the words from “fishery officer” to “which lies in England”, substitute “inshore fisheries and conservation officer of an inshore fisheries and conservation authority may, within any part of the district of the authority”;

(c) omit paragraph (3).

(4) In article 13 (proceedings)—

(a) in paragraph (1), for the words “A local fisheries committee”, substitute “An inshore fisheries and conservation authority”;

(b) omit paragraph (2).

The Undersized Edible Crabs Order 2000 E+W

7.—(1) The Undersized Edible Crabs Order 2000(29) is amended as follows.

(2) In article 2(1) (interpretation), for the definition of “Eastern Sea Fisheries District”, substitute—

““Eastern Inshore Fisheries and Conservation District” means the inshore fisheries and conservation district established on 1st October 2010 by the Eastern Inshore Fisheries and Conservation Order 2010;”.

(3) For “Eastern Sea Fisheries District”, wherever occurring, substitute “Eastern Inshore Fisheries and Conservation District”.

The Waddeton Fishery Order 2001 E+W

8.—(1) The Waddeton Fishery Order 2001(30) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Devon and Severn Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 6(13) (licensing of fishing), for the words from “section 11(5)” to the end substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Coast Protection (Notices) (England) Regulations 2002 E+W

9.  In article 3(c) (service of notice of proposal for coast protection work) of the Coastal Protection (Notices) (England) Regulations 2002(31), for the words “local fisheries committee”, substitute “inshore fisheries and conservation authority”.

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 E+W

10.—(1) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(32) are amended as follows in relation to England.

(2) In regulation 12 (river basin management plans: public participation)—

(a) for paragraph (4)(j), substitute—

“(j) “any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district;”;

(b) after paragraph (5)(b)insert —

“(ba) “inshore fisheries and conservation authority” means the inshore fisheries and conservation authority for an inshore fisheries and conservation district;

(bb) “inshore fisheries and conservation district” means an inshore fisheries and conservation district established by an order under section 149(1) of the Marine and Coastal Access Act 2009;”;

(c) omit paragraph (5)(d).

The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 E+W

11.—(1) The Incidental Catches of Cetaceans in Fisheries (England) Order 2005(33) is amended as follows.

(2) In article 2(1) (interpretation), insert at the appropriate place—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;”.

(3) For article 12(1)(b) (powers of other officers), substitute—

“(b) any inshore fisheries and conservation officer of an inshore fisheries and conservation authority acting within any part of the district of the authority,”.

(4) For article 13 (proceedings), substitute—

“Proceedings

13.   An inshore fisheries and conservation authority may take proceedings under this Order in respect of any offence occurring within any part of the district of the authority.”.

The Conservation of Habitats and Species Regulations 2010 E+W

12.  Regulation 6 (relevant authorities in relation to marine areas and European marine sites) of the Conservation of Habitats and Species Regulations 2010(34) is amended as follows—

(a) for sub-paragraph (i), substitute—

“(i) an inshore fisheries and conservation authority established under Part 6 of the Marine Act (management of inshore fisheries); and”;

(b) omit sub-paragraph (j).

PART 2 E+W Revocations

1.  The Local Fisheries Committees (Fees for Copy Byelaws) Order 1993(35). E+W

2.  The North Western and North Wales Sea Fisheries District (Consequential and Transitional Provisions) Order 2010(36). E+W

(1)

The local fisheries committee for the Cornwall Sea Fisheries District created by Order of the Board of Trade on 28th March 1890 (Parliamentary Papers 1890 No. 114; varied by S.R. & O. 1926/1742 and S.I. 1973/2194 and 1980/805).

(2)

The inshore fisheries and conservation authority for the Cornwall Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2188 as amended by S.I. 2011/177).

(3)

The local fisheries committee for the Cumbria Sea Fisheries District created by Order of the Board of Trade on 21st February 1895 (S.R. & O. 1895/587 as varied by S.I. 1973/2195 and 1980/806).

(4)

The inshore fisheries and conservation authority for the North Western Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2200).

(5)

The local fisheries committee for the Devon Sea Fisheries District created by Order of the Board of Trade on 31st March 1892 (Parliamentary Papers 1892 No. 132 as varied by S.R & O. 1903/332, S.I. 1970/370, 1973/2196, 1980/807, 1990/1157, 1993/2532 and 1998/1211).

(6)

The inshore fisheries and conservation authority for the Devon and Severn Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2212).

(7)

The local fisheries committee for the Eastern Sea Fisheries District created by Order of the Board of Trade on 7th November 1893 (S.R. & O. 1893 as varied by S.R. & O. 1907/641 and S.I. 1973/2197, 1978/438 and 1980/808).

(8)

The inshore fisheries and conservation authority for the Eastern Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2189).

(9)

The local fisheries committee for the Isles of Scilly Sea Fisheries District created by Order in 1970 (S.I. 1970/1815 as amended by S.I. 1980/809 and 1995/1472).

(10)

The inshore fisheries and conservation authority for the Isles of Scilly Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2213, as amended by S.I. 2011/177).

(11)

The local fisheries committee for the Kent and Essex Sea Fisheries District created by Order of the Board of Trade on 5th May 1890 (Parliamentary Papers 1890 No. 159 as varied by S.I. 1973/198, 1980/810, 1990/1157, 1993/2532, 1995/1474 and 1998/1212).

(12)

The inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2190).

(13)

The local fisheries committee for the North Eastern Sea Fisheries District created by Order of the Board of Trade on 9th July 1890 (revoked and replaced by S.I. 1986/647 as amended by S.I. 1990/1157 and 1996/1034).

(14)

The inshore fisheries and conservation authority for the North Eastern Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2193).

(15)

First constituted as the local fisheries committee for the North Western and North Wales Sea Fisheries District, which was created by Order in 1986 (S.I. 1986/1201 as varied by S.I. 1989/474, 1990/1157, 1993/2532, 1996/618 and revoked and replaced by S.I. 1999/1043). S.I. 2010/631 makes provision for the continuance of that part of the North Western and North Wales Sea Fisheries District lying in England following the repeal of the Sea Fisheries Regulation Act 1966 in Wales by section 187 of the Act (as commenced by article 3 of S.I. 2010/630) as the North Western Sea Fisheries District. It also provides for the continuance of the local fisheries committee as local fisheries committee for that district.

(16)

The North Western IFC authority replaces the North Western Sea Fisheries Committee and the Cumbria Sea Fisheries Committee.

(17)

The local fisheries committee for the Northumberland Sea Fisheries District created by Order of the Board of Trade on 20th March 1890 (Parliamentary Papers 1890 No. 105; varied by S.R. & O. 1906/846 and S.I. 1973/2201, 1980/812 and 1986/648).

(18)

The inshore fisheries and conservation authority for the Northumberland Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2197).

(19)

The local fisheries committee for the Southern Sea Fisheries District created by Order of the Board of Trade on 7th June 1893 (Parliamentary Paper 1893-1894 No. 247 as varied by SR & O 1904/325, S.I. 1955/77, 1973/2202, S.I. 1978/1715 and revoked and re-enacted with amendments by the Southern Sea Fisheries District Order 1989 (S.I. 1989/671)).

(20)

The inshore fisheries and conservation authority for the Southern Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2198).

(21)

The local fisheries committee for the Sussex Sea Fisheries District created by Order of the Board of Trade on 15^th February 1892 (Parliamentary. Papers 1893-1894 No, 75 as amended by S.I. 1980/813 and 1996/847).

(22)

The inshore fisheries and conservation authority for the Sussex Inshore Fisheries and Conservation District established by Order on 1st October 2010 (S.I. 2010/2199).

(23)

S.I. 1985/847.

(24)

S.I. 1992/2957.

(25)

S.I. 1992/3038.

(26)

S.I. 1994/2329.

(27)

S.I. 1998/2241, to which there are amendments not relevant to this Order.

(28)

S.I. 2000/1081, to which there are amendments not relevant to this Order.

(29)

S.I. 2000/2029.

(30)

S.I. 2001/1380.

(31)

S.I. 2002/1278.

(32)

S.I. 2003/3242 amended in relation to Wales by S.I. 2010/630; there are other amending instruments but none is relevant.

(33)

S.I. 2005/17.

(34)

S.I. 2010/490.

(35)

S.I. 1993/1116, revoked in relation to Wales by S.I. 2010/630.

(36)

S.I. 2010/631.