The Fishing Vessels (Decommissioning) (Scotland) Scheme 2003

Interpretation

2.—(1) In this Scheme–

“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(4);

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

“authorised officer” means any officer authorised in writing by the Scottish 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 21st June 1999 laying down general provisions on the structural funds(1) as amended by Council Regulation (EC) No. 1447/2001 of 28th June 2001(2);

“Council Regulation 2792/99” means Council Regulation (EC) No. 2792/1999 of 17th December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(3) as corrected by Corrigenda O.J. No. L 83, 4.4.00, p.35 and O.J. No. L 2, 5.1.01, p.41 and amended by Council Regulation (EC) No. 1451/2001 of 28th June 2001(4), Council Regulation (EC) No. 179/2002 of 28th January 2002(5) and Council Regulation (EC) No. 2369/2002 of 20th December 2002(6);

“Council Regulation 2370/02” means Council Regulation (EC) No. 2370/2002 of 20th December 2002 establishing an emergency Community measure for scrapping fishing vessels(7);

“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)

steaming between port and fishing ground and between one fishing ground and another; or

(b)

engaged in fishing for profit,

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 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(8) and references to “registered” shall be construed accordingly;

“the relevant amount” means such amount as the Scottish Ministers may from time to time determine;

“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(4)(b);

“Scotland” and “the Scottish zone” have the same meaning as in section 126(1) of the Scotland Act 1998(9).

(2) Any reference in this Scheme to a numbered paragraph shall be construed as a reference to the paragraph so numbered in this Scheme.

(1)

O.J. No. L 161, 26.6.99, p.1.

(2)

O.J. No. L 198, 21.7.01, p.1.

(3)

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

(4)

O.J. No. L 198, 21.7.01, p.9.

(5)

O.J. No. L 31, 1.2.02, p.5.

(6)

O.J. No. L 31, 12.02, p.49.

(7)

O.J. No. L 358, 31.12.02, p.57.

(8)

1995 c. 21.

(9)

1998 c. 46.