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Statutory Instruments

2015 No. 1346

Sea Fisheries, England

Shellfish

The Poole Harbour Fishery Order 2015

Made

28th May 2015

Laid before Parliament

2nd June 2015

Coming into force

1st July 2015

The Southern Inshore Fisheries and Conservation Authority has made an application to the Secretary of State(1) in accordance with section 1(2) of the Sea Fisheries (Shellfish) Act 1967(2) (“the Act”) for an order conferring a right of several fishery under section 1 of the Act(3).

The Secretary of State has prepared a draft Order and served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to the Act(4).

The applicant has caused printed copies of the draft Order to be published and circulated, and has given notice of the application, in accordance with paragraph 2 of that Schedule.

The Secretary of State has considered representations received, in accordance with paragraphs 3 to 6 of that Schedule, and considers that it is expedient to make this Order.

The Secretary of State has had regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961(5), in accordance with paragraph 6(2) of that Schedule.

The Secretary of State makes this Order, in exercise of the powers conferred by section 1 of, and paragraph 6(1) of Schedule 1 to, the Act.

(1)

The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by virtue of article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

Section 1(1) was amended by the Fishery Limits Act 1976 (c.86), Schedule 2, paragraph 15; the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 202(2); and S.I. 1999/1820. Section 1(4) was repealed by the 2009 Act, section 202(3) and Schedule 22, Part 5(A). Section 1(6) was substituted, by subsequent subsections (6) to (14), by the 2009 Act, section 203. See section 22(1) of the Sea Fisheries (Shellfish) Act 1967 for the definition of “the appropriate Minister” for the purposes of section 1.

(4)

Schedule 1 was amended by the Sea Fisheries Act 1968 (c.77), section 15(7); the Criminal Law Act 1977 (c.45), section 31(6); the Criminal Justice Act 1982 (c.48), sections 37 and 46; and the 2009 Act, sections 202(4) and 214 and Schedule 22, Part 5(A).