The Sea Fishing (Licences and Notices) (EU Exit) (Scotland) (Amendment) Regulations 2019

Citation and commencement

1.—(1) These Regulations may be cited as the Sea Fishing (Licences and Notices) (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force on exit day.

(2) In this regulation, “exit day” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018(1).

Amendment of the Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

2.—(1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011(2) are amended as follows.

(2) In regulation 1 (citation, commencement, extent and application)—

(a) for paragraph (2) substitute—

“(2) These Regulations extend to Scotland.”,

(b) for paragraph (3) substitute—

“(3) These Regulations apply to—

(a) licences granted under section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) in respect of Scottish fishing boats,

(b) licences granted under section 4 of that Act in respect of foreign fishing boats, and

(c) licences granted under section 4A of that Act (licensing of vessels receiving trans-shipped fish) in respect of Scottish fishing boats or foreign fishing boats.”.

(3) In regulation 2 (interpretation)—

(a) for the definition of “licence” substitute—

““licence” means a licence to which these regulations apply (see regulation 1(3));”,

(b) in the definition of “nominee” omit “Scottish”,

(c) in the definition of “Scottish fishing boat” omit “, and in respect of which the Scottish Ministers may grant or have granted a licence”, and

(d) for the definition of “sea fishing licence” substitute—

““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(3)(a) or (b).”.

(4) In regulation 3 (communication of licences and notices)—

(a) in paragraph (1)—

(i) in the opening words, for “Scottish fishing boat” substitute “fishing boat”,

(ii) in sub-paragraphs (a) and (b), after “charterer or” insert “, in the case of a Scottish fishing boat,”,

(b) in paragraph (2)—

(i) in sub-paragraph (a), at the beginning, insert “in the case of a Scottish fishing boat”,

(ii) in sub-paragraph (b), omit “Scottish”,

(c) in paragraphs (3) and (4), omit “Scottish”.

(5) In regulation 4 (delivery of licences and giving of notices), in paragraph (3), for “a nominee’s” substitute “an”.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

12th March 2019