Statutory Instruments

2006 No. 1970

SEA FISHERIES, ENGLAND

The Sea Fishing (Enforcement of Annual Community and Third Country Fishing Measures) (England) Order 2006

Made

18th July 2006

Laid before Parliament

24th July 2006

Coming into force

15th August 2006

In exercise of the powers conferred by section 30(2) of the Fisheries Act 1981(1) and now vested in them(2), the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland make the following Order.

(1)

1981 c. 29. See section 30(3) for the definitions of “enforceable Community restriction” and “enforceable Community obligation” and for the definition of “the Ministers”, as modified by section 30(5), inserted by Schedule 2, paragraph 68(5) of the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820).

(2)

Article 3(1) of and Schedule 1 to the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) provides for the functions exercisable under section 30(2) of the Fisheries Act 1981 (“the 1981 Act”) to be exercised by the Ministers, concurrently with Scottish Ministers, in relation to British fishing boats, but not Scottish fishing boats, within the Scottish zone; and in relation to Scottish fishing boats within British fishery limits but outside the Scottish zone. By virtue of article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 30(2) of the 1981 Act were transferred to the National Assembly in so far as exercisable in relation to Wales (defined in section 155(1) of the Government of Wales Act 1998 (c. 38) as including “the sea adjacent to Wales out as far as the seaward boundary of the territorial sea”). In respect of waters beyond Wales the functions exercisable under section 30(2) of the 1981 Act remain exercisable by the Ministers. By virtue of article 3(2) of, and paragraph (3) of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), the function conferred by section 30(2) within the Northern Ireland zone and outside that zone in relation to Northern Ireland fishing boats is transferred to the Department of Agriculture and Rural Development (of Northern Ireland). By virtue of article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food. By virtue of article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the functions of the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly were transferred to the Secretary of State for Environment, Food and Rural Affairs and the one or more Secretaries of State acting jointly.