PART 2Amendment of primary legislation

The Fisheries Act 1981I13

1

The Fisheries Act 1981 M1 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 ”;

F1b

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—

    1. a

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

    2. 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 ”;

F2b

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—

    1. a

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

    2. b

      forms part of retained EU law,

    as modified from time to time;.."

6

Omit section 31(3).