The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

Fisheries Act 1981 (c. 29)

68.—(1) Part II of the Fisheries Act 1981 is amended as follows.

(2) For “the United Kingdom”, in each place where those words appear (apart from section 18(2)(a)), there is substituted “England and Wales and Northern Ireland”.

(3) In section 18(1) (interpretation of Part II), in the definition of “the Ministers”, in paragraph (b) “Scotland” is omitted.

(4) After section 18 there is inserted–

“18A.— (1) This Part of the Act has effect in relation to Scotland with the following modifications (and any other necessary modifications).

(2) For “England and Wales and Northern Ireland”, wherever it occurs, there is substituted “Scotland”.

(3) In sections 15(1) and 16(3) the words “with the approval of the Treasury” are omitted.

(4) In section 15(3) and (4) and in section 16(5) for any reference to “Parliament” and to “each House of Parliament” there is substituted “the Scottish Parliament”.

(5) In section 15(4)–

(a) for the reference to “both Houses are” there is substituted “the Scottish Parliament is”; and

(b) the words “or prorogued” are omitted.

(6) In section 16(6), for “Comptroller and Auditor General” there is substituted “Auditor General for Scotland”.

(7) In section 18(1), in the definition of “the Ministers”, from “(a)” to the end there is substituted “the Scottish Ministers”.”.

(5) Section 30 (enforcement of Community rules)–

(a) after subsection (2) there is inserted–

“(2A) Proceedings for an offence under any order made under subsection (2) above may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.”; and

(b) after subsection (4) there is inserted–

“(5) This section has effect in relation to Scotland with the following modifications (and any other necessary modifications)–

(a) in subsection (3), in the definition of “the Ministers”, from “Minister” to the end there is substituted “Scottish Ministers”; and

(b) in subsection (5) for “either House of” there is substituted “the Scottish”.”.

(6) In section 31 (financial assistance)–

(a) in subsection (1), for “Great Britain” there is substituted “England and Wales”;

(b) in subsection (4), for the words from “the whole” to the end there is substituted “to England, or to Wales, or to both of them.”;

(c) in subsection (5)–

(i) paragraph (a) is omitted;

(ii) in paragraph (b) the words “or Scotland”, in both places where those words appear are omitted; and

(iii) for paragraph (c) there is substituted–

“(c) in relation to a scheme extending to Wales, the Secretary of State concerned with fisheries in Wales.”;

(d) after subsection (8) there is inserted–

“(9) This section has effect in relation to Scotland with the following modifications (and any other necessary modifications)–

(a) in subsection (1), for “England and Wales” there is substituted “Scotland”, and the words “with the approval of Treasury” are omitted;

(b) subsection (4) is omitted;

(c) in subsection (5), for “(a)” to the end there is substituted “the Scottish Ministers”;

(d) in subsection (6), for “Parliament” and “each House of Parliament” there is substituted “the Scottish Parliament”; and

(e) in subsection (7)–

(i) for “Parliament” there is substituted “the Scottish Parliament”;

(ii) the words “or prorogued” are omitted; and

(iii) for “both Houses are” there is substituted “the Scottish Parliament is”.”.

(7) In section 32 (research, development and advice), from “and the Secretaries” to “Wales” there is substituted “, the Secretary of State concerned with fisheries in Wales, and Scottish Ministers”.

(8) In section 33 (exclusion of offences under conservation legislation)–

(a) in subsection (3), at the end there is inserted “or, in the case of regulations in relation to Scotland, the Scottish Parliament”; and

(b) in subsection (4), the words “or Scotland,” are omitted and at the end there is inserted “and, in relation to Scotland, the Scottish Ministers”.

(9) In section 41 (orders and schemes), for “or Ministers” there is substituted “, Ministers or of the Scottish Ministers”.