PART 2Amendment of primary legislation
The Sea Fish (Conservation) Act 19672
In section 4C(2)(a) of the Sea Fish (Conservation) Act 19672, for “an enforceable” substitute “a retained”.
The Fisheries Act 19813
1
The Fisheries Act 19813 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”;
b
in subsection (1), in the words before paragraph (a), for “enforceable Community restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;
c
in subsection (2), for “enforceable Community restriction or other” substitute “retained EU restriction or retained EU”;
d
in subsection (3), for the definition of “enforceable Community restriction” and “enforceable EU obligation” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit 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”;
b
in subsection (1), in the words before paragraph (a), for “enforceable EU restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;
c
in subsection (2), for “enforceable EU restriction or other” substitute “retained EU restriction or retained EU”;
d
in subsection (3), for the definition of “enforceable EU restriction” and “enforceable EU obligation” substitute—
“retained EU restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time;.
6
Omit section 31(3).
The Marine and Coastal Access Act 20094
1
The Marine and Coastal Access Act 20094 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 exit 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 exit 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 exit day, and
- b
forms part of retained EU law,
as modified from time to time..