The Sea Fisheries (Northern Ireland) Order 2002

Transfer of functions to the Department of Agriculture and Rural Development U.K.

3.—(1) The following functions 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 shall be transferred to the Department of Agriculture and Rural Development, namely—

(a) the functions of the Ministers under section 1(3) of—

(i) making an order prescribing the minimum size of fish which may be carried on a Northern Ireland fishing boat, and

(ii) making provision in such an order prohibiting the carrying of fish of less than the prescribed size within the Northern Ireland zone by fishing boats other than Northern Ireland fishing boats;

(b) the functions of the Ministers under section 3 of—

(i) making an order requiring nets and other fishing gear carried in Northern Ireland fishing boats to comply with prescribed requirements, and

(ii) making an order requiring nets and other fishing gear carried within the Northern Ireland zone in fishing boats other than Northern Ireland fishing boats to comply with prescribed requirements;

(c) the function of the Ministers under section 4(1) of providing by order—

(i) that in the Northern Ireland zone or any area comprised within that zone fishing by fishing boats is prohibited unless authorised by a licence, and

(ii) that in any specified area outside that zone fishing by Northern Ireland fishing boats is prohibited unless authorised by a licence;

(d) the function of the Ministers under section 4 M1 of granting—

(i) licences authorising fishing within the Northern Ireland zone,

(ii) licences authorising fishing in any area within that zone, and

(iii) licences authorising fishing outside that zone by Northern Ireland fishing boats,

and the functions under section 4 in relation to such licences of the Minister who grants the licence;

(e) the function of the Ministers under section 4A(1) of providing by order—

(i) that in the Northern Ireland zone or in any area comprised within that zone the receiving by any vessel of trans-shipped fish is prohibited unless authorised by a licence, and

(ii) that within, or in any specified area within, British fishery limits but outside the Northern Ireland zone, the receiving by Northern Ireland fishing boats of trans-shipped fish is prohibited unless authorised by a licence;

(f) the function of the Ministers under section 4A M2 of granting—

(i) licences authorising the receiving by any vessel of trans-shipped fish within the Northern Ireland zone,

(ii) licences authorising the receiving by any vessel of trans-shipped fish in an area comprised within that zone, and

(iii) licences authorising the receiving of trans-shipped fish within, or in any specified area within, British fishery limits but outside the Northern Ireland zone by Northern Ireland fishing boats,

and the functions under section 4A in relation to such licences of the Minister who grants the licence;

(g) the function of the Ministers under section 4B M3 of making regulations about licences granted under section 4 or 4A by the Department of Agriculture and Rural Development;

(h) the function of the Ministers under section 5 M4 of prohibiting by order fishing within the Northern Ireland zone or in any area within that zone or fishing outside that zone by Northern Ireland fishing boats;

(i) the function of the Ministers under section 6 M5 of prohibiting by order the landing of fish in Northern Ireland or the trans-shipment of fish within the Northern Ireland zone;

(j) the function of the Secretary of State for Trade and Industry under section 8 M6 of regulating by order the landing of sea fish in Northern Ireland;

(k) the functions of one of the Ministers under section 9(2), (3) and (4) M7 of authorising operations in the Northern Ireland zone or operations by Northern Ireland fishing boats outside that zone;

(l) the function of the Ministers under section 10 of taking measures within the Northern Ireland zone for the increase or improvement of marine resources, and the function of concurring and assisting in such measures;

(m) the function of the Ministers under section 15(3) M8 of conferring on British sea-fishery officers powers relating to—

(i) any fishing boat in the Northern Ireland zone, or

(ii) any Northern Ireland fishing boat outside that zone.

(2) So far as the functions mentioned in sub-paragraph (1)(a) to (f), (h), (i) and (m), and the function mentioned in sub-paragraph (1)(k) of authorising operations by Northern Ireland fishing boats outside the Northern Ireland zone, are exercisable—

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

(b) in relation to Northern Ireland fishing boats, within British fishery limits but outside the Northern Ireland zone,

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

Marginal Citations

M1 Section 4 was substituted by the Fishery Limits Act 1976 (c.86) s.3, and was amended by the Fisheries Act 1981 (c.29) s.20, the Sea Fish (Conservation) Act 1992 (c.60) s.1, and the Consequential Modifications Order art.4, Sch.2, para.43.

M2 Section 4A was inserted by the Fisheries Act 1981 s.21(1) and was amended by the Sea Fish (Conservation) Act 1992 s.3 and the Consequential Modifications Order art.4, Sch.2, para.43.

M3 Section 4B was inserted by the Sea Fish (Conservation) Act 1992 (c.60) s.4.

M4 Section 5 was amended by the Fisheries Act 1981 s.22(1), (2), (3), and the Consequential Modifications Order art.4, Sch.2, para.43.

M5 Section 6 was amended by the Fisheries Act 1981 (c.29) s.23, and the Consequential Modifications Order art.4, Sch.2, para.43.

M6 Section 8 was amended by the Consequential Modifications Order art.4, Sch.2, para.43.

M7 Section 9 was amended by the Fisheries Act 1981 (c.29) s.19(2)(b), 46(6), 21(2)(a). The enactments to which section 9(4) applies are described in section 9(5), which was amended by Fisheries Act 1981 s.21(2)(a).

M8 Subsections (3)–(5) of section 15 were substituted for the original subsections (3)–(7) by the Sea Fisheries Act 1968 (c.77) s.22(1), Sch.1 Pt.II. Subsection (3) was amended by the Fishery Limits Act 1976 (c.86) s.9(1), Sch.2, para.16(1), (3), and the Consequential Modifications Order art.4, Sch.2, para.43.