Search Legislation

The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 2) Order 2003

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003

2.—(1) The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003(1) is amended as follows.

(2) In article 2(1) (interpretation)–

(a)in the definition of “Annex XVII” at the end insert “as amended by Council Regulation (EC) No. 671/2003 of 10th April 2003(2)”; and

(b)after the definition of “British fishing boat” insert–

“the Commission Decision” means Commission Decision 2003/185/EC on the allocation of additional days absent from port to Member States in accordance with Annex XVII of Council Regulation (EC) No. 2341/2002(3);.

(3) In article 3 (absence from port)–

(a)for paragraph (2) substitute–

(2) In this Order, the person in charge of a relevant British fishing boat is its owner, master or charterer (if any), and the number of days permitted to such a boat for any period identified below is the basic number, that is to say–

(a)in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for the period beginning on the date of the coming into force of the Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 2) Order 2003 (“the No. 2 Order”) and ending on 31st July 2003, the greater of–

(i)the basic number that would have applied in respect of the period from 1st June 2003 to 31st July 2003 in accordance with this Order had the No. 2 Order not been made; or

(ii)the basic number that would have applied in respect of the period from 1st June 2003 to 31st July 2003 in accordance with this Order had–

(A)the No. 2 Order come into force on 1st June 2003; and

(B)sub-paragraph (b) below applied to that period,

less the number of days on which the boat, conform to this Order, was absent from port in the period beginning on 1st June 2003 and ending on the day before the date of the coming into force of the No. 2 Order;

(b)in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for each successive period of two calendar months, the first of which starts on 1st August 2003 and the last of which ends on 30th November 2003, whichever is the greater of–

(i)double the number indicated in paragraph 6(a) of Annex XVII; or

(ii)any other number of days granted in writing in respect of such a boat by the Scottish Ministers in accordance with paragraph 6(e) of Annex XVII,

as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, and applicable to the boat in accordance with any fishing gear it carries; and

(c)for December 2003, whichever is the greater of–

(i)the number indicated in paragraph 6(a) of Annex XVII; and

(ii)any other number of days granted in writing in respect of such a boat by the Scottish Ministers in accordance with paragraph 6(e) of Annex XVII,

as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, and applicable to the boat in accordance with any fishing gear it carries,

cumulatively adjusted in accordance with paragraphs (3) to (7) and subject to paragraph (8).;

(b)for paragraph (3) substitute –

(3) In relation to any relevant British fishing boat and in respect of the type of fishing gear it may carry, for each calendar month there is, subject to paragraph 6(e) of Annex XVII, added to the basic number the maximum number of additional days (if any) that the United Kingdom may allocate in accordance with the Commission Decision.;

(c)after paragraph (5) add–

(5A) For the purposes of transfer of days in accordance with paragraphs (4) and (5), the basic number for the period from 1st June 2003 to 31st July 2003 shall be the greater of the numbers ascertained in accordance with–

(a)paragraph (2)(a)(i); and

(b)paragraph 2(a)(ii).;

(d)in paragraph (8) for “4(a)” substitute “4”; and

(e)for paragraph (9)(4) substitute–

(9) In–

(a)paragraph (7) “relevant period” means–

(i)a successive period of two calendar months referred to in paragraph 2(b); or

(ii)December 2003; and

(b)paragraph (8) “relevant period” means–

(i)for the purposes of paragraph 2(a), 1st June 2003 to 31st July 2003;

(ii)for the purposes of paragraph 2(b), a successive period of two calendar months referred to in paragraph (2)(b); and

(iii)for the purposes of paragraph 2(c), December 2003..

(4) In article 6 (transfer of days from one boat to another)–

(a)in article 6(4) after “years” insert “2000,”; and

(b)in article 6(5) after “10(b)” insert “and (c)”.

(5) In article 6A(3)(5), in the definition of “relevant period” for “3(9)” substitute “3(9)(b)”.

(6) In article 8 (landing of cod)–

(a)for “paragraph 13” in each place that it occurs substitute “paragraph 15”; and

(b)for “paragraph 14” in each place that it occurs substitute “paragraph 16”.

(7) In article 9 (mixing of species) for “paragraph 17” substitute “paragraph 19”.

(8) In article 10 (transportation of cod) for “paragraph 20” substitute “paragraph 22”.

(9) In article 14(1) (powers of British sea-fishery officers in relation to fishing boats) for “paragraph 18” substitute “paragraph 20”.

(10) In article 15 (powers of British sea-fishery officers on land)–

(a)in paragraph (1) for “paragraph 18” substitute “paragraph 20”; and

(b)in paragraph (1)(h) after “to” insert “that”.

(2)

O.J. No. L 97, 15.4.03, p.11.

(3)

O.J. No. L 71, 15.3.03, p.28.

(4)

Paragraph (9) was amended by S.S.I. 2003/66.

(5)

Article 6A was inserted by S.S.I. 2003/66.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources