The Fishing Vessels (Codes of Practice) Regulations 2017

Review U.K.

21.—(1) The Secretary of State must from time to time —

(a) carry out a review of the regulatory provision contained in these Regulations, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 23rd October 2022.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 M1 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the fishing safety Directives are implemented in other member States.

(5) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Torremolinos Protocol are implemented in other countries which are subject to the obligations.

(6) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(7) In this regulation—

“fishing safety Directives” means—

Council Directive 93/103/EC of 23rd November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) M2 ;

Council Directive 97/70/EC of 11th December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over M3 ; and

Directive 2007/30/EC of the European Parliament and of the Council of 20th June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation M4 ; and

“regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Marginal Citations

M1 2015 c.26. section 30(3) was amended by the Enterprise Act 2016 (c.12), section 19.

M2 OJ L307, 13.12.1993 p. 0001-0017.

M3 OJ L034, 09.02.1998 p.0001-0029.

M4 OJ L165/21, 27.6.2007.