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Fishing Boats (Satellite-Tracking Devices) Scheme (Northern Ireland) 2004

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Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to this Scheme as it applies to an Act of the Northern Ireland Assembly.

(2) In this Scheme –

“application” means an application under this Scheme and “applicant” shall be construed accordingly;

“approval” means an approval of an application;

“authorised officer” means any officer authorised in writing by the Department for the purposes of this Scheme;

“the Defra provider” means the provider and installer of satellite-tracking devices selected by the Secretary of State for Environment, Food and Rural Affairs for the purposes of the Regulation;

“the Department” means the Department of Agriculture and Rural Development;

“Northern Ireland fishing boat” means a fishing boat which –

(a)

is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(2),

(b)

or –

(i)

is owned wholly or partly by persons qualified to own British ships for the purposes of that Part of that Act, but

(ii)

is not a boat which counts as a British ship for the purposes of that Act solely as a result of the application of section 1(1)(c) of that Act to it by virtue of registration under the law of any of the Channel Islands or of the Isle of Man,

and has its port of administration in Northern Ireland at the date of application;

“port of administration” means the port from which the licence granted in respect of a fishing boat under section 4 of the Sea Fish (Conservation) Act 1967(3) is issued;

“the Regulation” means Commission Regulation (EC) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems(4);

“relevant person”, in relation to a fishing boat, means its owner, charterer (if any), or master or the representative of any of them; and

“satellite-tracking device” has the same meaning as in the Regulation.

(3) Any obligation of the Department to publish material under this Scheme means an obligation to make it available in a manner in which the Department considers that the material is reasonably likely to be seen by those to whom this Scheme may apply, and publication in anticipation of this Scheme shall be treated for the purposes of this Scheme as having been carried out under it.

(3)

1967 c. 84; see also S.I. 2002/790 Article 3(1) and Schedule 1

(4)

O.J. No. L333, 20.12.2003, p. 17

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