The Fisheries (Amendment) (EU Exit) Regulations 2019

The Marine and Coastal Access Act 2009 U.K.

4.—(1) The Marine and Coastal Access Act 2009 M1 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 [F1 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 [F2 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 [F3 IP completion day], and

(b) forms part of retained EU law,

as modified from time to time..”.

Textual Amendments

F1 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)

F2 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)

F3 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

I1 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

M1 2009 c. 23.