The Sea Fisheries (Northern Ireland) Order 2002

British Fishing Boats Act 1983

7.—(1) The following functions conferred by section 1 shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and shall be transferred to the Department of Agriculture and Rural Development, namely—

(a) making an order under subsection (2) specifying as a restricted fishing area—

(i) the Northern Ireland zone,

(ii) any area within that zone, or

(iii) for the purpose only of prescribing qualifications for Northern Ireland fishing boats, any area;

(b) making an order under subsection (1) prescribing the qualifications for boats to be used in carrying out the operations mentioned in subsection (2)(a) or (b)—

(i) in the Northern Ireland zone,

(ii) in any area within that zone, or

(iii) in the case of Northern Ireland fishing boats, in any restricted fishing area;

(c) making an order under subsection (1) prescribing the qualifications for—

(i) boats to be used in landing sea fish in Northern Ireland, or

(ii) Northern Ireland fishing boats to be used in landing sea fish anywhere in the United Kingdom;

(d) making an order under subsection (5) about the stowing of fishing gear on boats in the Northern Ireland zone or any restricted fishing area within that zone; and

(e) making an order under subsection (5) about the stowing of fishing gear on Northern Ireland fishing boats in any restricted fishing area.

(2) So far as those functions are exercisable—

(a) in relation to British fishing boats other than Northern Ireland fishing boats, in Northern Ireland or within the Northern Ireland zone, or

(b) in relation to Northern Ireland fishing boats, outside Northern Ireland and the Northern Ireland zone, or

(c) in relation to any boat, for the purpose of implementing an obligation under Community law,

they shall, despite their transfer under sub-paragraph (1), be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.

(3) In relation to any provision made by order by the Department of Agriculture and Rural Development by virtue of section 1(3) prescribing conditions for qualification with respect to nationality, section 1(4) shall have effect with the substitution for the requirement that the conditions be such as appear to the Ministers to be necessary or expedient for the protection of the sea fishing industry in England and Wales and Northern Ireland, of a requirement that the conditions be such as appear to the Department of Agriculture and Rural Development to be necessary or expedient for the protection of the sea fishing industry in Northern Ireland.

(4) Section 1(8) shall not apply to any order made under section 1 by the Department of Agriculture and Rural Development, but any such order—

(a) shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and

(b) shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.