Fisheries Act 2020

Grants and charges

33 Financial assistance: powers of Secretary of State

(1) The Secretary of State may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—

(a) the conservation, enhancement or restoration of the marine and aquatic environment;

(b) the promotion or development of commercial fish or aquaculture activities;

(c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

(d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

(e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

(f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

(g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

(h) improving the arrangements for the use of catch quotas or effort quotas;

(i) the promotion or development of recreational fishing.

(2) Financial assistance given under, or under arrangements made pursuant to, subsection (1) must be given in accordance with a scheme established by regulations made by the Secretary of State.

(3) The scheme may only provide for financial assistance to be given—

(a) in relation to England,

(b) in relation to an area that is, or areas that are—

(i) within the UK marine area, but

(ii) not within the Scottish zone, the Welsh zone or the Northern Ireland zone, or

(c) in relation to English fishing boats.

(4) The scheme may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(c) require the Secretary of State, or another person, to publish specified information about financial assistance given in accordance with the scheme.

(5) In subsection (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

(a) the recipient of the financial assistance;

(b) the amount of the financial assistance;

(c) the purpose for which the financial assistance was given.

(6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

(7) The scheme may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(8) Regulations under this section are subject to the affirmative resolution procedure.

(9) In this section—

• “family member”, in relation to an individual (“P”), means—

  (a)

  P’s spouse or civil partner,

  (b)

  a child or grandchild of P or of P’s spouse or civil partner, or

  (c)

  a parent or grandparent of P or of P’s spouse or civil partner;

• “financial assistance” means grants or loans;

• “UK marine area” has the meaning given by section 42(1) of the Marine and Coastal Access Act 2009.

(10) Schedule 6 contains—

(a) provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section, and

(b) consequential amendments and transitional provision relating to this section and the provision mentioned in paragraph (a).

34 Charges: powers of Marine Management Organisation

(1) The Secretary of State may by regulations make provision for the Marine Management Organisation (“the MMO”) to impose charges in respect of the exercise by the MMO of a relevant marine function.

(2) “Relevant marine function” means a function relating to—

(a) fishing quotas;

(b) ensuring that commercial fish activities are carried out lawfully;

(c) the registration of buyers and sellers of first-sale fish;

(d) catch certificates for the import and export of fish.

(3) The charges which may be authorised by the regulations are—

(a) a charge on a person in respect of the exercise of a function in relation to that person, or

(b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

(4) The regulations may include provision about—

(a) who is liable to pay a charge;

(b) the circumstances in which a charge is payable;

(c) the amount of a charge (including how an amount is to be calculated);

(d) reductions and exemptions;

(e) waivers;

(f) how and when a charge is to be paid;

(g) the collection and recovery of payments;

(h) interest payable on outstanding payments;

(i) the resolution of disputes (including appeals).

(5) The regulations may confer a discretion on the MMO.

(6) A power conferred on the MMO under this section does not affect, and is not affected by, any other power of the MMO to impose charges.

(7) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(8) Regulations under this section are subject to the negative resolution procedure.

(9) In this section—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—

  (a)

  a catch quota or an effort quota, or

  (b)

  any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

(10) Schedule 7 contains provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section.

35 Sea Fish Industry Authority: fees for services provided for industry in EU

In the Fisheries Act 1981, in section 3 (powers of the Sea Fish Industry Authority), in subsection (5)(a), omit “in the case of a country which is not a member State,”.