The Sea Fisheries (Northern Ireland) Order 2002

Sea Fisheries Act 1968

3.—(1) The function conferred by section 5 of that Act of making provision by order in relation to operations within the Northern Ireland zone or in any area within that zone or operations outside that zone by Northern Ireland fishing boats—

(a) 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

(b) shall be transferred to the Department of Agriculture and Rural Development.

(2) So far as that function is exercisable—

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

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

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

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

(3) Section 18(1) and 2(1) shall not apply to any order made under section 5 of the Sea Fisheries Act 1968 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(2), and

(b) shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3).

(1)

Section 18 was amended by the Sea Fish Industry Act 1970 (c. 11) s.61, Sch.6 and the Consequential Modifications Order art.4, Sch.2, para.48(2).

(2)

S.I. 1979/1573 (N.I. 12).

(3)

1954 c. 33 (N.I.). Section 41(6) was amended by the Northern Ireland (Modification of Enactments—No.1) Order 1999 (S.I. 1999 No.663) Sch.1, para.9(18).