The Sea Fish Industry (Coronavirus) (Fixed Costs) Scheme (Northern Ireland) 2021

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to this Scheme as it applies to an Act of the Assembly.

(2) In this Scheme—

“applicant” means an applicant for a grant under article 6(3);

“application”, except in relation to an application for a review under article 9, means an application for a grant under article 6(3);

“the Commission Communication” means the Communication from the EU Commission dated 19 March 2020 (2020/C 91 I/01) laying down a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak(2);

“the Commission Decision” means the Decision of the EU Commission of 6 April 2020 (SA. 56841(2020/N) – United Kingdom)(3) approving the United Kingdom COVID-19 Temporary Framework for UK Authorities, as read with the Decision of the EU Commission of 8 December 2020(4) (SA. 58823 (2020/N) – United Kingdom) approving the amendments to the Temporary Framework notified by the United Kingdom;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“eligible person” has the meaning given in article 3;

“eligible Northern Ireland fishing boat” has the meaning given in article 4;

“fixed costs” means any of the costs listed in the Schedule;

“grant” means a grant in respect of fixed costs of an eligible Northern Ireland fishing boat calculated in accordance with article 8;

“in difficulty” has the meaning given in article 3(2);

“port of administration”, in relation to a fishing boat, means the port from which the licence granted in respect of the fishing boat under section 4 of the Sea Fish (Conservation) Act 1967(5) is issued;

“qualifying period” means the period 1^st September 2020 to 31^st December 2020 (both dates inclusive);

“sea fishing activity” means searching for sea fish, shooting, setting, towing or hauling of fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of sea fish and sea fisheries products;

“static fishing gear” means any pot, creel, receptacle or container with one or more openings or entrances and which is capable of being left at sea to catch crustaceans or molluscs.

(1)

1954 c. 33 (N.I.).

(2)

OJ C911, 20,.3.2020, p.1, as amended on 3 April 2020 (OJ C1121, 4.4.2020, p.1), 8 May 2020 (OJ C164, 13.5.2020, p.3), 29 June 2020 (OJ C218, 2.7.2020, p.3), and 13 October 2020 (OJ C340, 13.10.2020, p.1) and as amended on 28 January 2021 (OJ C34 1.2.2021 p.6)

(3)

OJ C144, 30.4.2020, p.1 as amended on 23 April 2020 (OJ C421, 4.12.2020, p.6) as amended on 31 July 2020 (OJ C269, 14.08.2020, p.15)

(4)

OJ C439, 18.12.2020, p.1

(5)

1967 c.84. section 4 was substituted by the Fisheries Limits Act 1976 (c.86), section 3, and relevant amendments have been made by the Fisheries Act 1981 (c.29), section 20, the Sea Fish (Conservation) Act 1992 (c.60), section 1, and S.I. 1999/1820, article 4.