F1(1)In discharging any functions conferred or imposed on him or them by or under the Sea Fisheries Acts, the Minister or Ministers[F2or the Marine Management Organisation] F1... shall, so far as is consistent with the proper and efficient discharge of those functions—
(a)have regard to the conservation of marine flora and fauna; and
(b)endeavour to achieve a reasonable balance between that consideration and any other considerations to which he is or they are required to have regard.
F3(2)In this section—
“enactment” [F4includes an Act of the Scottish Parliament and any subordinate legislation under such an Act, and] does not include an enactment contained in Northern Ireland legislation;
“the Minister or Ministers” means any one of the following or any two or more of them acting jointly, namely—
the Minister of Agriculture, Fisheries and Food;
[F5(b)the Scottish Ministers;
(bb)the Secretaries of State respectively concerned with the sea fishing industry in Wales and Northern Ireland;]
(c)the Department of Agriculture for Northern Ireland;
F3...
“the Sea Fisheries Acts” means any enactments for the time being in force relating to sea-fishing, including any enactment relating to fishing in the sea for shellfish, salmon or migratory trout.
Textual Amendments
F1Words in s. 1(1) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))
F2Words in s. 1(1) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 11, 324(3); S.I. 2010/298, art. 2, Sch. para. 3
F3Words in s. 1(2) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8 12); S.I. 2011/556, art. 2(2)(o) (with art. 2(3))
F4Words in s. 1(2) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 107(a)
F5Para. (b)(bb) in the definition of "the Minister or Ministers" substituted for para. (b) (1.7.1999) by S.I. 1999/1820, arts. 1(2)(3), 4, Sch. 2 Pt. 1 para. 107(b)