The Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraphs 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation relating to salmon fishing, salmon conservation, sea fisheries and marine and fisheries funding legislation. The amendments update references to a number of EU instruments referred to in that legislation. The amendments also address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends subordinate legislation concerning salmon fishing, salmon conservation and sea fisheries. Regulations 2 to 6 update and replace out of date references to EU instruments in the following subordinate legislation: the Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992; the Tweed Regulation Order 2007; the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010; the Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012; and the Sea Fishing (EU Control Measures) (Scotland) Order 2015. Regulations 2 to 6 update or replace out of date references to EU law with either equivalent text or references to current EU instruments. References to EU instruments which are no longer in force are removed and, where appropriate, references to repealed EU instruments are replaced with references to current EU equivalents.

Part 3 makes amendments to primary legislation. Regulation 7 amends deficiencies arising from the withdrawal of the United Kingdom from the European Union which are contained within the Aquaculture and Fisheries (Scotland) Act 2013.

Part 4 makes amendments to various subordinate legislation concerning sea fisheries and marine and fisheries funding. Regulations 8 to 14 make amendments to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union by updating, replacing or removing EU references including references to EU instruments which will become redundant or will no longer be appropriate on or after exit day.

A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.