Marine and Coastal Access Act 2009 (c. 23)

Schedules

Schedule 16 E+W Migratory and freshwater fish: consequential and supplementary amendments

Water Resources Act 1991 (c. 57) E+W

20 E+W The Water Resources Act 1991 has effect subject to the amendments in paragraphs 21 to 25.

Commencement Information

I1 Sch. 16 para. 20 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)

21 E+W In section 115 (fisheries orders), in subsection (1)—

(a) in paragraph (a), after “Salmon and Freshwater Fisheries Act 1975” insert “ (as amended by the Marine and Coastal Access Act 2009) ”;

(b) in paragraph (b), after “this Act” insert “ (as so amended) ”.

Commencement Information

I2 Sch. 16 para. 21 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)

22 E+W In section 116 (power to give effect to international obligations)—

(a) the existing provision is renumbered as subsection (1);

(b) after that subsection insert—

“(2) In subsection (1), the reference to functions includes any functions conferred on the Agency by virtue of the Marine and Coastal Access Act 2009.”

Commencement Information

I3 Sch. 16 para. 22 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)

23 (1) Section 212 (compensation in respect of certain fisheries byelaws) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (a)—

(i) for “salmon, trout, or freshwater fish” substitute “ any fish to which paragraph 6 of that Schedule applies ”;

(ii) the words “(not being a fixed engine)” are omitted;

(b) in paragraph (b)—

(i) the words “(not being fixed engines)” are omitted;

(ii) for “salmon, trout, freshwater fish and eels” substitute “ any such fish ”.

Commencement Information

I4 Sch. 16 para. 23 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)

24 (1) In Schedule 25 (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows. E+W

(2) In sub-paragraph (2)—

(a) the words “Subject to paragraph 7(1) below” are omitted;

(b) in paragraph (a), after “any fish” insert “ to which this paragraph applies ”;

(c) in paragraph (b)—

(i) in sub-paragraph (i), for “trout or any freshwater fish” substitute “ any fish to which this paragraph applies ”;

(ii) in sub-paragraph (ii), after “fish” insert “ to which this paragraph applies ”;

(d) in paragraph (c)—

(i) for “salmon, trout, or freshwater fish” substitute “ fish to which this paragraph applies ”;

(ii) the words “(not being a fixed engine)” are omitted;

(e) in paragraph (d)—

(i) the words “(not being fixed engines)” are omitted;

(ii) for “salmon, trout, freshwater fish and eels” substitute “ fish to which this paragraph applies ”;

(f) in paragraph (g), the word “licensed” is omitted;

(g) in paragraph (h)—

(i) for “salmon or trout” substitute “ fish to which this paragraph applies ”;

(ii) for “which is not licensed” substitute “ which may not lawfully be used ”;

(h) in paragraph (i), for “the annual close season for salmon of a net capable of taking salmon” substitute “ any close season or time for any description of fish to which this paragraph applies of a net capable of taking fish of that description ”.

(3) In sub-paragraph (5) for “salmon, trout, freshwater fish or eels” substitute “ fish to which this paragraph applies ”.

Commencement Information

I5 Sch. 16 para. 24 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)

25 E+W In that Schedule, paragraph 7 is omitted.

Commencement Information

I6 Sch. 16 para. 25 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 15(i)