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The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

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2.  In these Regulations—

“electronic communication” includes facsimile transmission and any method of transferring data by computer;

“licence” means a licence granted by the Scottish Ministers under either section 4 (licensing of fishing boats) or section 4A (licensing of vessels receiving trans-shipped fish) of the Sea Fish (Conservation) Act 1967(1) and includes a licence which contains a notice;

“newspaper” means such newspaper circulating within, or within any part of, Scotland which the Scottish Ministers think appropriate;

“nominee” means either—

(a)

an individual resident in Scotland; or

(b)

a body incorporated in a member State and having a place of business in Scotland,

appointed by the master, owner or charterer of a Scottish fishing boat to receive, on any such person’s behalf, licences and notices communicated in accordance with these Regulations;

“notice” means any notice of variation, suspension or revocation of a licence, whether that licence was granted before or after the coming into force of these Regulations;

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(2) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging, and in respect of which the Scottish Ministers may grant or have granted a licence; and

“sea fishing licence” means a licence granted by the Scottish Ministers under section 4 of the Sea Fish (Conservation) Act 1967.

(1)

Section 4 was substituted by the Fishery Limits Act 1976 (c.86), section 3 and amended by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section 20; the Sea Fish (Conservation) Act 1992 (c.60) (“the 1992 Act”), section 1; the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 43; and the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), Schedule 1, paragraph 3(a). At the date of making these Regulations, section 4 is to be modified by the Marine (Scotland) Act 2010 (asp 5), section 158(1), which applies the modification introduced by section 197 of the Marine and Coastal Access Act 2009 (c.23) – see the Marine (Scotland) Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2011 (S.S.I. 2011/58) (c.8), article 2 which is to come into force on 24th February 2011. Those modifications are not relevant to these Regulations. Section 4A was inserted by the 1981 Act, section 21 and amended by the 1992 Act, section 3; S.I. 1999/1820, Schedule 2, paragraph 43; and by the Marine and Coastal Access Act 2009 (c.23), section 6(9) as read with section 323.

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