The South Wales Sea Fisheries Committee (Levies) Regulations 2003

Welsh Statutory Instruments

2003 No. 3072 (W.294)

LOCAL GOVERNMENT, WALES

The South Wales Sea Fisheries Committee (Levies) Regulations 2003

Made

26th November 2003

Coming into force

30th November 2003

The National Assembly for Wales in exercise of the powers conferred on it by sections 74(2) and (3) and 143 (1) of the Local Government Finance Act 1988(1) hereby makes the following Regulations:

Name and commencement

1.  These Regulations are called the South Wales Sea Fisheries Committee (Levies) Regulations 2003 and come into force on 30th November 2003.

Interpretation

2.  In these Regulations, unless the context otherwise requires —

“the Committee” (“y Pwyllgor”) means the South Wales Sea Fisheries Committee established under the Sea Fisheries Regulation Act 1966(2);

“the Constituent Councils” (“y Cynghorau Cyfansoddol”) means Cardiff County Council, Carmarthenshire County Council, Pembrokeshire County Council, Swansea County Council, Bridgend County Borough Council, Neath Port Talbot County Borough Council and the Vale of Glamorgan County Borough Council;

“the Order” (“y Gorchymyn”) means the South Wales Sea Fisheries District Variation Order 2003(3);

“the Principal Regulations” (“y Prif Reoliadau”) means the Levying Bodies (General) Regulations 1992(4);

“Rhondda Cynon Taf” (“Rhondda Cynon Taf”) means Rhondda Cynon Taf County Borough Council.

Application

3.  These Regulations apply to the Committee, the Constituent Councils and Rhondda Cynon Taf for the financial year commencing 1st April 2003.

Substitute Levies

4.—(1) Notwithstanding regulation 8 of the Principal Regulations, the Committee is authorised by these Regulations to issue:

(a) substitute levies (the new levies) to the Constituent Councils to replace those levies issued by it on 11th February 2003 (the old levies); and

(b) a substitute levy for nil pounds to Rhondda Cynon Taf to replace the levy issued on 11th February 2003;

no later than 14th February 2004 to enable the Committee, the Constituent Councils and Rhondda Cynon Taf to comply with the Order.

(2) If the Committee issues new levies in accordance with these Regulations, any sums paid to it by reference to the old levies must be treated as paid in respect of the new levies.

5.  The South Wales Sea Fisheries Committee (Levies) Regulations 2001(5) are revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

D. Elis-Thomas

The Presiding Officer of the National Assembly

26th November 2003

Explanatory Note

(This note is not part of the Regulations)

The Local Government Finance Act 1988 gives the National Assembly for Wales power to make Regulations in relation to levying bodies which include the Committee of the South Wales Sea Fisheries District. These Regulations are made under sections 74 and 143 of the 1988 Act.

The South Wales Sea Fisheries District (Variation) Order 2003 (S.I. No. 2003/3036 (W. 284)) (the Order). removes Rhondda Cynon Taf County Borough Council from that Committee with effect from 31st March 2003. The Committee has already issued levies for the financial year 2003-2004.

These Regulations permit the South Wales Sea Fisheries Committee to issue substituted levies to its Constituent Councils and to Rhondda Cynon Taf County Borough Council for that financial year. These new levies will replace those previously issued. In the case of Rhondda Cynon Taf the substituted levy will be nil whilst for the other councils the figures will be adjusted in line with the Order.

(1)

1988 c. 41. The powers of the Secretary of State under sections 74 and 143 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(2)

1966 c. 38.

(3)

S.I. 2003/3036 (W.284).

(4)

S.I. 1992/2903.

(5)

S.I. 2001/3811 (W.316).

(6)

1998 c. 38.