The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005

Interpretation

2.—(1) In these Regulations—

“Article 9” means Article 9 of Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the Common Fisheries Policy(1) as last amended by Council Regulation (EC) No. 2846/98(2);

“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(3) or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;

“the CFP Regulation” means Council Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(4);

“document” includes information recorded in any form;

“equivalent provisions” means any provision in any other regulations made under section 2(2) of the European Communities Act 1972 for the purposes of implementing Article 9, or Article 22 of the CFP Regulation, extending to any part of the United Kingdom, which has equivalent effect to any provision in these Regulations;

“first sale fish” means fish being marketed for the first time;

“fish” means fishery products landed from a fishing vessel to which Article 9 or Article 22 of the CFP Regulation applies;

“licensed fishing vessel” means a fishing vessel in respect of which a licence has been issued under section 4 of the Sea Fish (Conservation) Act 1967(5) or under similar fisheries related provisions by another Member State or by the appropriate authorities in the Channel Islands, Isle of Man or another country;

“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

“PLN” means a vessel’s port number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993(6);

“registered fish buyer” means a person who is registered by the Department of Agriculture and Rural Development in accordance with regulation 7;

“registered fish seller” means a person who is registered by the Department of Agriculture and Rural Development in accordance with regulation 3;

“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998(7);

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

(2) In these Regulations, any reference to a fish seller shall include—

(a) an agent who sells fish on behalf of the seller; and

(b) an auction trader.

(3) Expressions used in these Regulations, which are not defined in paragraphs (1) or (2) above and which appear in the CFP Regulation or Article 9 of Council Regulation (EC) No. 2847/93, have the same meaning in these Regulations as they have for the purposes of the CFP Regulation or Article 9 of Council Regulation (EC) No. 2847/93.

(4) The Interpretation Act (Northern Ireland) 1954(8), except section 20(2) and (3), shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

(1)

O.J. No. L261, 20.10.1993, p. 1

(2)

O.J. No. L358, 31.12.1998, p. 5

(3)

1995 c. 21

(4)

O.J. No. L358, 31.12.2002, p. 59

(5)

1967 c. 84

(6)

S.I. 1993/3138; the relevant amending instrument is 1999/3206

(7)

1998 c. 47

(8)

1954 c. 33 (NI)