PART 4Byelaws
Byelaws of the South Wales Sea Fisheries Committee, the North Western and North Wales Sea Fisheries Committee and the Environment Agency whilst exercising the powers of a local fisheries committee13
1
Any provision of the byelaws of the South Wales Sea Fisheries Committee listed at Schedule 3 which—
a
is in force immediately before article 3 comes into force; and
b
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
2
To the extent that it could have been made in a statutory instrument by the Welsh Ministers under section 5 of the Sea Fish (Conservation) Act 196712 and section 189 of the Marine and Coastal Access Act 200913, byelaw 38 (maximum vessel size) of the South Wales Sea Fisheries Committee takes effect, with the omission of paragraph 3 of that byelaw, after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under those Acts in relation to the same area of Wales as the area to which that provision originally applied.
3
Any provision of the byelaws of the North Western and North Wales Sea Fisheries Committee listed at Schedule 4 which—
a
is in force immediately before article 3 comes into force;
b
relates to any part of Wales; and
c
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
4
Any provision of the byelaws made by the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee14 and listed at Schedule 5 which—
a
is in force immediately before article 3 comes into force;
b
relates to any part of Wales; and
c
could have been made in a statutory instrument by the Welsh Ministers under any enactment other than the 1966 Act,
takes effect after article 3 comes into force as if made by the Welsh Ministers in a statutory instrument under that other enactment in relation to the same area of Wales as the area to which that provision originally applied.
5
There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which relates to any of the byelaws falling within paragraphs (1) to (4), and is in the process of being done immediately before article 3 comes into force to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.
6
Anything which was done by—
a
the South Wales Sea Fisheries Committee;
b
the North Western and North Wales Sea Fishery Committee; or
c
the Environment Agency, or its predecessors, whilst exercising the powers of a local fisheries committee,
for the purpose of or in connection with any of the byelaws falling within paragraphs (1) to (4) and which is in effect immediately before the transfer date, has effect on and after the transfer date as if done by the Welsh Ministers to the extent that the Welsh Ministers could lawfully undertake or be involved in that action.
7
The Welsh Ministers are substituted for the Environment Agency, or its predecessors, in any instruments or contracts which are either made or commenced before the transfer date and which relate to any of the byelaws falling within paragraph (4).