Sea Fish (Conservation) Act 1967 (c. 84)

[F1 [F2 Supplemental U.K.

Textual Amendments

F1 S. 18(2) substituted (S.) (1.4.2005) by Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 (asp 15), s. 71(2), sch. 4 para. 1 (with s. 71(3)(4)(6)); S.S.I. 2005/174, art. 2

F2 S. 18(3) inserted (15.11.2006) by The Scotland Act 1998 (River Tweed) Order 2006 (S.I. 2006/2913), art. 1(2), Sch. 4 para. 1

[F3 22A Application to Scotland U.K.

(1) This Act has effect in relation to Scotland with the following modifications (and any other necessary modifications).

(2) Except in sections [F4 1(3B) and (9), 5(8),] 17 and 22—

(a) for “England and Wales”, “England and Wales and Northern Ireland” or “England and Wales or Northern Ireland” there is substituted “Scotland”;

(b) for “relevant British fishing boat” or “relevant British fishing boats” there is substituted “Scottish fishing boat” or “Scottish fishing boats”;

(c) for “Scottish fishing boat” or “Scottish fishing boats” there is substituted “relevant British fishing boat” or “relevant British fishing boats”; and

(d) for “relevant British fishery limits” there is substituted “the Scottish zone”.

[F5 (2A) In section 1—

(a) for subsections (3) and (3A) substitute—

“(3B) Sea fish of any description which do not meet the requirements as to size prescribed in relation to sea fish of that description by an order of the Scottish Ministers must not be carried, whether within or outside the Scottish zone, on a Scottish fishing boat; and an order under this subsection may prohibit the carrying by a relevant British fishing boat or a foreign vessel in the Scottish zone of sea fish of any description prescribed by the order which do not meet the requirements as to size so prescribed in relation to sea fish of that description.”,

(b) in subsection (8) for “(3)” substitute “ (3B) ”,

(c) for subsection (9) substitute—

“(9) In this section—

• “foreign vessel” means any vessel other than a relevant British fishing boat or a Scottish fishing boat,

• “relevant British fishing boat” means a vessel, other than a Scottish fishing boat, which—

  (a)

  is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c.21), or

  (b)

  is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act.”.

(2B) In section 3—

(a) in subsection (2A) for “adjacent to England and Wales” substitute “ of the United Kingdom adjacent to Scotland ”,

(b) for subsection (2B) substitute—

“(2B) In subsection (2A) above—

(a) the Scottish Ministers are “the appropriate national authority”,

(b) the boundaries between the parts of the territorial sea of the United Kingdom adjacent to Scotland and the parts not so adjacent are to be determined by reference to an Order in Council made under section 126(2) of the Scotland Act 1998 (c.46) to the extent that the Order in Council is expressed to apply for the purposes of that Act.”.]

(3) In [F6 section] 4A any reference to one of the Ministers or any reference (however expressed) to the Minister who grants or has granted the licence shall be construed as a reference to the Scottish Ministers.

(4) In [F7 section] 4A(4) the words from “if made” to “subsection” are omitted.

(5) In section 4B(4) for “either House of Parliament” there is substituted “the Scottish Parliament”.

(6) [F8 In section 5(8)–

(a) paragraph (b) is omitted; and

(b) for “those limits” there is substituted “that zone”.]

(6) [F8 In section 5—

(a) in subsection (1), for “appropriate national authority” substitute “ Scottish Ministers ”,

(b) for subsection (8) substitute—

“(8) An order under this section may make provision—

(a) applying to Scottish fishing boats whether within or outside the Scottish zone,

(b) in any other case, applying to fishing boats within the Scottish zone.”.]

(7) In section 6(1) and (1A), the words “after consultation with the Secretary of State for Trade” are omitted.

(8) In section 8—

(a) for “Secretary of State for Trade”, wherever it occurs, there is substituted “Scottish Ministers”; and

(b) the words “after consultation with the Ministers”, wherever they appear, are omitted.

(9) In section 9(1) to (4), for “one of the Ministers”, wherever those words appear, there is substituted “Scottish Ministers”.

F9 (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 15(3)—

(a) the words “and any British owned fishing boat (not so registered)” are omitted; and

(b) for “those limits” there is substituted “that zone”.

(11) In section 20—

(a) any reference to the laying of a statutory instrument before Parliament shall be construed as a reference to the laying of the instrument before the Scottish Parliament;

(b) any reference to the approval or annulment of an instrument by resolution of each or either House of Parliament shall be construed as a reference to approval [F10 or annulment] of the instrument by resolution of the Scottish Parliament; F11 ...

(c) in subsection (4) the words “or prorogued” are omitted; [F12 and

(d) in subsection (4) for “House of Commons is adjourned” there is substituted “Scottish Parliament is in recess”.]

(12) In section 22(2)—

(a) in the definition of “the appropriate Minister”, for “England” to the end there is substituted “Scotland means the Scottish Ministers”; and

(b) except in relation to section 4AA, in the definition of “the Ministers”, for paragraphs (a) to (c) there is substituted “means the Scottish Ministers”.

(13) In subsection (3), at the end there is inserted “; but this subsection shall not apply to Scotland”.]]]

Textual Amendments

F3 S. 22A inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(13); S.I. 1998/3178, art. 3

F4 Words in s. 22A(2) inserted (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 159(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F5 S. 22A(2A)(2B) inserted (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 159(3), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F6 Word in s. 22A(3) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(13)(a) (with Sch. 4 para. 31)

F7 Word in s. 22A(4) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(13)(b) (with Sch. 4 para. 31)

F8 S. 22A(6) substituted (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 159(4), 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F9 S. 22A(9A) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(13)(c) (with Sch. 4 para. 31)

F10 Words in s. 22A(11)(b) inserted (retrospectively) by Fisheries Act 2020 (2020 c.22), s. 54(6), Sch. 4 para. 6(13)(d) (with Sch. 4 para. 31)

F11 Word in s. 22A(11) repealed (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 3(2) Pt. III

F12 S. 22A(11)(d) and word inserted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 3(3)