The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006

Statutory Instruments

2006 No. 1327

SEA FISHERIES, ENGLAND

The Sea Fishing (Restriction on Days at Sea) (Monitoring, Inspection and Surveillance) Order 2006

Made

11th May 2006

Laid before Parliament

15th May 2006

Coming into force

1st June 2006

The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland, in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981(1), and now vested in them(2), make the following Order:

(1)

()1981 c. 29. See section 30(3) for the definition of “the Ministers”, as modified by Schedule 2, paragraph 68(5) of S.I. 1999/1820.

(2)

References to sections in this footnote are to sections of the Fisheries Act 1981 (c. 29.) unless otherwise stated. Scotland: section 30(5) was inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 4 and Schedule 2, Part I, paragraph 68(1), 5(b) (made under section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998 (c. 46)). Section 30(5) provides that the definition of “the Ministers” in section 30(3) is amended so that, insofar as section 30(2) has effect in relation to Scotland, “the Ministers” means “the Scottish Ministers.” The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592), article 3(1) and Schedule 1, provide for the function exercisable under section 30(2) to be exercised by the Ministers concurrently with the Scottish Ministers in relation to, firstly, British fishing boats (other than Scottish ones) within the Scottish zone, and, secondly, Scottish fishing boats within British fishery limits but outside the Scottish zone. Wales: by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2(a) and Schedule 1, the function exercisable under section 30(2) was transferred to the National Assembly insofar as exercisable in relation to Wales. “Wales” is defined in section 155(1) of the Government of Wales Act 1998 (c. 38) as including “the sea adjacent to Wales out as far as the seaward boundary of the territorial sea”. Northern Ireland: by virtue of the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), article 3(2) Schedule 2, paragraph (3) (made, in this respect, under section 86(3)(b) of the Northern Ireland Act 1998 (c. 47)) the function conferred by section 30(2) within the Northern Ireland zone and outside that zone in relation to Northern Ireland fishing boats is transferred to the Department of Agriculture and Rural Development (of Northern Ireland). By virtue of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812), article 2(1), the remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) relevant to this Order were transferred to the Minister of Agriculture, Fisheries and Food. The functions of the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly were transferred to the Secretary of State for Environment, Food and Rural Affairs and the one or more Secretaries of State acting jointly by virtue of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), article 2(5).