The Fisheries (Amendment) (EU Exit) Regulations 2019 No. 746

PART 2 U.K. Amendment of primary legislation

The Sea Fish (Conservation) Act 1967 U.K.

2.  In section 4C(2)(a) of the Sea Fish (Conservation) Act 1967 M1 , for “an enforceable” substitute “ a retained ”.

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 1967 c. 84. Section 4C was inserted by the Sea Fish (Conservation) Act 1992 (c. 60), section 4. Section 4C(2) was amended by S.I. 2011/1043.

The Fisheries Act 1981 U.K.

3.—(1) The Fisheries Act 1981 M2 is amended as follows.

(2) In section 2—

(a) in subsection (1), omit “Subject to subsection (2A) below”;

(b) omit subsection (2A);

(c) in subsection (3), for “subsections (1) and (2A)” substitute “ subsection (1) ”.

(3) In section 14(2), in the words before paragraph (a), for “sections 2(2A) and 3(5)” substitute “ section 3(5) ”.

(4) In section 30, insofar as it extends to England and Wales and Scotland—

(a) in the heading, for “Community rules” substitute “ rules relating to sea fishing ”;

[F1 (b) in subsection (1), in the words before paragraph (a), for “enforceable Community restrictions, and enforceable EU obligations,” substitute “retained EU restrictions relating to sea fishing, retained EU obligations relating to sea fishing, Northern Ireland Protocol restrictions relating to sea fishing and Northern Ireland Protocol obligations,”;

(c) in subsection (2), for “enforceable Community restriction or other obligation” substitute “retained EU restriction relating to sea fishing, retained EU obligation relating to sea fishing, Northern Ireland Protocol restriction relating to sea fishing or Northern Ireland Protocol obligation”;

(d) in subsection (3), omit the definition of “enforceable Community restriction” and “enforceable EU obligation” and, in the appropriate places, insert the following definitions—

““Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

““Northern Ireland Protocol obligation” means any obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

““Northern Ireland Protocol restriction” means any restriction created or arising by or under the Northern Ireland Protocol, whether or not a restriction to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before IP completion day, and

(b)

forms part of retained EU law,

as modified from time to time;.."”].

(5) In section 30, insofar as it extends to Northern Ireland—

(a) in the heading, for “EU rules” substitute “ rules relating to sea fishing ”;

[F2 (b) in subsection (1), in the words before paragraph (a), for “enforceable EU restrictions, and enforceable EU obligations,” substitute “retained EU restrictions relating to sea fishing, retained EU obligations relating to sea fishing, Northern Ireland Protocol restrictions relating to sea fishing and Northern Ireland Protocol obligations,”;

(c) in subsection (2), for “enforceable EU restriction or other obligation” substitute “retained EU restriction relating to sea fishing, retained EU obligation relating to sea fishing, Northern Ireland Protocol restriction relating to sea fishing or Northern Ireland Protocol obligation”;

(d) in subsection (3), omit the definition of “enforceable EU restriction” and “enforceable EU obligation” and, in the appropriate places, insert the following definitions—

““Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

““Northern Ireland Protocol obligation” means any obligation created or arising by or under the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

““Northern Ireland Protocol restriction” means any restriction created or arising by or under the Northern Ireland Protocol, whether or not a restriction to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;”;

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before IP completion day, and

(b)

forms part of retained EU law,

as modified from time to time;.."”].

(6) Omit section 31(3).

Textual Amendments

F1 Reg. 3(4)(b)-(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 2(2)

F2 Reg. 3(5)(b)-(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 2(3)

Commencement Information

I2 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 1981 c. 29. Section 2(1) and (3) was amended by S.I. 1989/1190. Section 2(2A) was inserted by S.I. 1989/1190. Section 14(2) was amended by S.I. 1989/1190. In section 30(1), the words before paragraph (a) were amended in relation to England and Wales by the Marine and Coastal Access Act 2009 (c. 23), section 293(2)(a) and in relation to Scotland by the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), section 33(a); the definition of “enforceable Community restriction” and “enforceable EU obligation” in section 30(3) was amended by S.I. 2011/1043. Section 30 was amended in relation to Northern Ireland by the Fisheries Act (Northern Ireland) 2016 (c. 27). Section 31(3) was amended by S.I. 2011/1043.

The Marine and Coastal Access Act 2009 U.K.

4.—(1) The Marine and Coastal Access Act 2009 M3 is amended as follows.

(2) In section 30—

(a) in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b) in subsection (4), for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—

““retained EU restriction” means a restriction that—

(a) was created or arose by or under the EU Treaties before [F3 IP completion day], and

(b) forms part of retained EU law,

as modified from time to time..”.

(3) In section 37—

(a) in subsection (2)—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “or the European Union”;

(b) omit subsection (9).

(4) In section 238—

(a) in subsection (2)(b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b) in subsection (10)—

(i) omit the definitions of “enforceable EU obligation” and “enforceable EU restriction”;

(ii) after the definition of “relevant British fishing boat” insert—

““retained EU restriction” means a restriction that—

(a) was created or arose by or under the EU Treaties before [F4 IP completion day], and

(b) forms part of retained EU law,

as modified from time to time;.”.

(5) In section 278(6)—

(a) in the definition of “the fisheries legislation”, in paragraph (b), for “enforceable EU restrictions and enforceable EU obligations” substitute “ retained EU restriction or retained EU obligation ”;

(b) for the definitions of “enforceable EU obligation” and “enforceable EU restriction” substitute—

““retained EU restriction” means a restriction that—

(a) was created or arose by or under the EU Treaties before [F5 IP completion day], and

(b) forms part of retained EU law,

as modified from time to time..”.

Textual Amendments

F3 Words in reg. 4(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 12(2)(a)

F4 Words in reg. 4(4)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 12(2)(b)

F5 Words in reg. 4(5)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 12(2)(c)

Commencement Information

I3 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 2009 c. 23.