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The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010

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Article 4

SCHEDULE 1Consequential amendments to, and revocations of, existing enactments

This schedulenoteType=Explanatory Memorandum has no associated

PART 1Amendments to Subordinate Legislation

The Tribunals and Inquiries (Discretionary Inquiries) Order 1975

1.  In Part II of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 1975(1), omit paragraph 97.

The Transfer of Functions (Wales) (No 1) Order 1978

2.  In the Transfer of Functions (Wales) (No 1) Order 1978(2)—

(a)in Schedule 1 (enactments conferring functions transferred by article 2), omit the words “Sea Fisheries Regulation Act 1966 (c 38) except section 15.”; and

(b)in Schedule 2 (enactments conferring functions transferred by article 4), omit the words “Section 15 of the Sea Fisheries Regulation Act 1966 (c 38).”.

The Sea Fisheries Districts (Variation) Order 1993

3.  In the Sea Fisheries Districts (Variation) Order 1993(3)—

(a)omit article 9 (North Western and North Wales Sea Fisheries District); and

(b)omit article 11 (South Wales Sea Fisheries District).

The National Assembly for Wales (Transfer of Functions) Order 1999

4.  In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999(4) omit the words “Sea Fisheries Regulation Act 1966 (c 38) in respect of the functions transferred to the Secretary of State by the 1978 transfer order.”.

The Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000

5.  In the Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000(5)—

(a)in article 2(1) (interpretation), omit the definition of “local fisheries committee”;

(b)omit article 9 (powers of other officers);

(c)in article 10 (protection of officers), replace “6 to 9” with “6 to 8”;

(d)in article 11(c) (obstruction of officers), replace “6 to 9” with “6 to 8”;

(e)omit article 13 (proceedings); and

(f)in article 14(1) (admissibility in evidence of logbooks and other documents), omit paragraph (d).

The Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000

6.  In the Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000(6)—

(a)in article 2 (interpretation)—

(i)in paragraph (1), omit the definition of “local fisheries committee”,

(ii)omit paragraph (3);

(b)in article 9 (powers of other officers)—

(i)in paragraph (2)—

(aa)in sub-paragraph (b), replace “; and” with “.”, and

(bb)omit sub-paragraph (c),

(ii)omit paragraph (3); and

(c)omit article 13 (proceedings).

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003

7.  In regulation 12 (river basin management plans: public participation) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(7)—

(a)in paragraph (4), omit sub-paragraph (j); and

(b)in paragraph (5), omit sub-paragraph (d).

The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007

8.  In Part I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s board) to the Local Authorities (Alternative Arrangements) (Wales) Regulations 2007(8) omit paragraph 2.

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

9.  In Part I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive) to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007(9) omit paragraph 2.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

10.  In Part 3 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(10) omit the words “Sea Fisheries Regulation Act 1966”.

The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008

11.  In article 3(1) of the Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008(11), replace the definition of “authorised officer” with—

“authorised officer” means a person—

(a)

who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer,

(b)

who has been appointed a fishery officer under section 10 of the Sea Fisheries Regulation Act 1966, or

(c)

who has been appointed as a marine enforcement officer under section 235 of the Marine and Coastal Access Act 2009;.

PART 2Revocations

12.  The enactments specified in this Part are revoked—

(a)the Order of the Board of Agriculture and Fisheries on 27th June 1912 (which created the South Wales Sea Fisheries District and constituted a local fisheries committee for the regulation of sea fisheries within that district(12));

(b)the South Wales Sea Fisheries District (Expenses) Order 1953(13);

(c)the South Wales Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1973(14);

(d)the Sea Fisheries Regulation Act 1966 (Amendment) Order 1973(15);

(e)the South Wales Sea Fisheries District (Variation) Order 1980(16);

(f)the Sea Fisheries (Byelaws) Regulations 1985(17);

(g)the Local Fisheries Committees (Fees for Copy Byelaws) Order 1993(18);

(h)the North Western and North Wales Sea Fisheries District Order 1999(19);

(i)the South Wales Sea Fisheries District (Variation) Order 2003(20); and

(j)the South Wales Sea Fisheries Committee (Levies) Regulations 2003(21).

(1)

S.I. 1975/1379. Part II of the Schedule has been amended by S.I. 1983/1287, article 3 and S.I. 1990/526, article 2 and Schedule. There are further amendments to the 1975 Order which are not relevant to this Order.

(2)

S.I. 1978/272. Schedule 1 has been amended by S.I. 2000/2031, article 5.

(4)

S.I. 1999/672 to which there are amendments not relevant to this Order.

(5)

S.I. 2000/976 (W.46) to which there are amendments not relevant to this Order.

(7)

S.I. 2003/3242. Regulation 12 has been amended by S.I. 2005/2035, regulation 22. There are further amendments to the 2003 Regulations which are not relevant to this Order.

(8)

S.I. 2007/397 (W.43). Schedule 1 has been amended by S.I. 2009/2993 (W.262), regulations 2 and 3. There are further amendments to the 2007 Regulations which are not relevant to this Order.

(9)

S.I. 2007/399 (W.45). Schedule 1 has been amended by S.I. 2009/2983 (W.260), regulations 2 and 3. There are further amendments to the 2007 Regulations which are not relevant to this Order.

(10)

S.I. 2007/3544. Part 3 of the Schedule has been amended by S.I. 2008/1277, regulation 30(1), (3), Schedule 2, Part 2, paragraph 115(1), (2)(a) and (b), Schedule 4, Part 2; S.I. 2008/1284, regulation 26; S.I. 2008/1597, regulation 26, Schedule 7, paragraph 7; S.I. 2008/1816, regulations 3, 4, Schedule 1, paragraph 6, Schedule 2; S.I. 2009/2824, regulation 7, Schedule, paragraph 5 and S.I. 2009/2981, articles 2, 4(4)(a)-(f), 4(4)(g)(i) and (ii) and 4(4)(h). There are further amendments to the 2007 Order which are not relevant to this Order.

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