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8.—(1) At least two weeks prior to the decommissioning of the vessel the applicant shall notify the Ministers in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.
(2) The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) above has been approved by the Ministers.
(3) The vessel shall be decommissioned—
(a)before the appropriate decommissioning date, and
(b)in accordance with—
(i)the method of decommissioning which has been approved by the Ministers under sub-paragraph (2) above, or
(ii)in exceptional circumstances and with the consent of the Ministers (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4) below.
(4) In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community as a result of—
(a)permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose; or
(b)permanently transferring the vessel into the ownership of a museum to which sub-paragraph (5) below applies.
(5) This sub-paragraph applies to a museum which—
(a)is registered with the Museums and Galleries Commission(1), or
(b)has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and is wholly or mainly maintained out of moneys provided by Parliament.
The Museums and Galleries Commission was founded in 1931 and incorporated under Royal Charter in 1987.
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