http://www.legislation.gov.uk/ssi/2019/69The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019texttext/xmlenEXITING THE EUROPEAN UNIONFISHERIESStatute Law Database2024-05-15Expert Participation2020-12-31 These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation concerning technical conservation measures for sea fisheries. 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. 2019 No. 69Exiting The European UnionFisheriesThe Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019Made21st February 2019Laid before the Scottish Parliament25th February 2019Coming into force in accordance with regulation 1The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so. PART 1 IntroductionCitation and commencement11These Regulations may be cited as the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.2These Regulations come into force as follows—aParts 1 and 2 come into force on 28 March 2019,bPart 3 comes into force on exit day. PART 2 Amendments to Out of Date References in Subordinate LegislationThe Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 20002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 200031The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 is amended as follows.2In article 2(1), for the definition of “the Council Regulation”, substitute—“the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms , as last amended by Council Regulation (EU) No. 812/2015 ;.The Shrimp Fishing Nets (Scotland) Order 200441The Shrimp Fishing Nets (Scotland) Order 2004 is amended as follows.2For article 2(2), substitute—2For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets ..The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 200751The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 is amended as follows.2In article 2(1), in the definition of “the Regulation”, at the end insert “ , as amended by Council Regulation (EU) No. 605/2013 ”.The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 20106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 3Other Amendments to Subordinate Legislation (EU Exit)The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 20007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 20008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .FERGUS EWING A member of the Scottish Government
St Andrew's House,
Edinburgh

(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 paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation concerning technical conservation measures for sea fisheries. 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 the following subordinate legislation concerning technical conservation measures relating to sea fisheries: the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000; the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000; the Shrimp Fishing Nets (Scotland) Order 2004; the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007; and the Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010. 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 subordinate legislation concerning technical conservation measures relating to sea fisheries. Regulations 7 and 8 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 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.

1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.2018 c.16.S.S.I. 2000/227 as amended by S.S.I. 2001/250, S.S.I. 2009/165 and S.S.I. 2010/231.OJ L 125, 27.4.1998, p.1.OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).S.S.I. 2004/261 as amended by S.S.I. 2008/10.OJ L 151, 11.6.2008, p.5.S.S.I. 2007/39 as amended by S.S.I. 2015/320.OJ L 181, 29.6.2013, p.1.Reg. 1 in force at 28.3.2019, see reg. 1(2)(a)Reg. 3 in force at 28.3.2019, see reg. 1(2)(a)Reg. 4 in force at 28.3.2019, see reg. 1(2)(a)Reg. 5 in force at 28.3.2019, see reg. 1(2)(a)Reg. 2 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)Reg. 6 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)Pt. 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(3), 7(3)