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The Fishing Vessels (Decommissioning) (Scotland) Scheme 2001

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Interpretation

2.—(1) In this Scheme, unless the context otherwise requires–

the Act” means the Fisheries Act 1981;

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

“the appropriate closing date” has the meaning assigned to it in paragraph 4(3);

“the appropriate decommissioning date” has the meaning assigned to it in paragraph 7(3);

“approval” means approval granted under paragraph 6 of this Scheme;

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

the Commission” means the Commission of the European Community;

“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;

Council Regulation 1260/99” means Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the structural funds(1);

Council Regulation 2792/99” means Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(2);

“day” means all or any part of a period of 24 consecutive hours beginning at midnight;

“decommissioning” has the meaning assigned to it in paragraph 8(4) and “decommission”, “decommissioned” and “decommissioning grant” shall be construed accordingly;

“EC Treaty” means the Treaty establishing the European Community;

“fishing trips” means time spent by a vessel–

(a)

engaged in fishing for profit; or

(b)

steaming between port and fishing ground and between one fishing ground and another,

and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;

“grant” means decommissioning grant under this Scheme;

LIBOR”, in relation to any particular day of the month, means the rate of interest per centum notified to the Ministers by the Bank of England on the first working day of the month, rounded if necessary to two decimal places;

“member” in the expression “member State”, refers to membership of the European Community;

“the register” means the register of vessels established under section 8 of the Merchant Shipping Act 1995(3) and references to “registered” shall be construed accordingly;

“the relevant amount” means such amount as the Ministers may, before exercising their functions under paragraph 5(2), determine is available in respect of the decision to invite applications under paragraph 4(1);

“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b); and

“sea fish” has the same meaning as in Part II of the Act(4).

(2) Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph so numbered in this Scheme.

(1)

O.J. No. L 161, 26.06.99, p.1.

(2)

O.J. No. L 337, 30.12.99, p.10.

(4)

See section 18(1) of the Act.

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