The Scallop Fishing (England) Order 2012

Statutory Instruments

2012 No. 2283

Sea Fisheries, England

Conservation Of Sea Fish

The Scallop Fishing (England) Order 2012

Made

5th September 2012

Laid before Parliament

7th September 2012

Coming into force

1st October 2012

The Secretary of State, in exercise of the powers conferred by section 1(3) of the Sea Fish (Conservation) Act 1967 M1 and the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland, in exercise of powers conferred by sections 3(1) M2 , (4) and 20(1) of that Act, and now vested in them M3 , make the following Order.

Marginal Citations

M1 1967 c. 84 (“the 1967 Act”); section 1(3) was substituted by the Marine and Coastal Access Act 2009 (c.230, section 194.

M2 Section 3(1) was amended by S.I. 1999/1820.

M3 The functions of the Ministers under section 3(1) and (4) of the 1967 Act in relation to Wales were transferred to the National Assembly for Wales and then transferred from that body to Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Insofar as those functions were exercisable in relation to the Welsh zone, they have been transferred to Welsh Ministers by article 4(1)(b) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The functions under section 3 exercisable in relation to Scottish fishing boats within British fishery limits but outside the Scottish zone remain exercisable by the Ministers despite being transferred to the Scottish Ministers under section 53 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). Any remaining functions of the Secretaries of State concerned with the sea fishing industry in Scotland and Wales under section 3(1) and (4) were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). Functions under section 3(1) and (4) exercisable in relation to making orders requiring nets and other fishing gear carried in Northern Ireland fishing boats to comply with prescribed requirements remains exercisable by the Ministers despite being transferred to the Department of Agriculture and Rural Development under article 3(1) of, and paragraph 3(1)(b) of Schedule 1 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790): see paragraph 3(2) of Schedule 1 to that Order. The functions of the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with the sea fishing industry in Northern Ireland acting jointly under section 3(1) and (4) have been transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).