Grants and charges

Financial assistance: powers of Secretary of State
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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—
  1. P's spouse or civil partner,
  2. a child or grandchild of P or of P's spouse or civil partner, or
  3. 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).