The Tope (Prohibition of Fishing) (Wales) Order 2008

Statutory Instruments

2008 No. 1438 (W.150)

SEA FISHERIES, WALES

The Tope (Prohibition of Fishing) (Wales) Order 2008

Made

4 June 2008

Laid before the National Assembly for Wales

6 June 2008

Coming into force

1 July 2008

The Welsh Ministers, in exercise of the powers conferred by sections 5(1), 5(6), 6(1), 6(1A) and 15(3) of the Sea Fish (Conservation) Act 1967(1), and now vested in them (2), make the following Order :

(1)

1967 c. 84. Section 5(1) was substituted by the Fisheries Act 1981 (c. 29), section 22(1). Section 5(6) was amended by the Fisheries Act 1981, section 22(2). Section 6(1) was amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1), (6)(a). Section 6(1A) was inserted by the Fisheries Act 1981, section 23(2) and amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1), (2)(b). Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), section 22(1), Schedule 1, Part II and amended by the Fishery Limits Act 1976 (c. 86) section 9(1), Schedule 2, paragraph 16(1) and further amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1), (2)(b). See section 22(2) of the 1967 Act for definitions of “the Ministers” for the purposes of sections 5, 6 and 15(3) of that Act; section 22(2) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(a), (b) and (c) and 46(2), Schedule 5, Part II and by S.I. 1999/1820, Article 4, Schedule 2, paragraph 43(1), (12) and Part IV and by the Northern Ireland Constitution Act 1973, section 40, Schedule 5, paragraph 8(1).

(2)

By virtue of article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under sections 5, 6 and 15 of the 1967 Act were transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)) in so far as exercisable in relation to Wales (acting concurrently with the Secretary of State in relation to section 15(3)). Those functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).