The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011

PART 1 E+W Amendments

The Poole Fishery Order 1985 E+W

1.—(1) The Poole Fishery Order 1985(1) is amended as follows.

(2) In article 1(3) (title, commencement, period of operation and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Southern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) For “Committee”, wherever occurring, substitute “Authority”.

The River Roach Oyster Fishery Order 1992 E+W

2.—(1) The River Roach Oyster Fishery Order 1992(2) is amended as follows.

(2) In article 1(3) (title, commencement, duration and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) For “Committee”, wherever occurring, substitute “Authority”.

The Wash Fishery Order 1992 E+W

3.—(1) The Wash Fishery Order 1992(3) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Eastern Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 8(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Thames Estuary Cockle Fishery Order 1994 E+W

4.—(1) The Thames Estuary Cockle Fishery Order 1994(4) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Kent and Essex Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 4(10) (licensing of fishing), for the words from “section 11(5)” to the end, substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Merchant Shipping (Load Line) Regulations 1998 E+W

5.—(1) The Merchant Shipping (Load Line) Regulations 1998(5) are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “local fisheries committee” and insert at the appropriate place—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In regulation 4(2)(c)(ii) (application), for the words “a local fisheries committee”, substitute “an inshore fisheries and conservation authority”.

The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 E+W

6.—(1) The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000(6) is amended as follows.

(2) In article 2(1) (interpretation), for the definition of “local fisheries committee” substitute—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 9 (powers of other officers)—

(a) for paragraph (1)(c), substitute—

“(c) any inshore fisheries and conservation officer of an inshore fisheries and conservation authority acting within any part of the district of the authority,”;

(b) in paragraph (2), for the words from “fishery officer” to “which lies in England”, substitute “inshore fisheries and conservation officer of an inshore fisheries and conservation authority may, within any part of the district of the authority”;

(c) omit paragraph (3).

(4) In article 13 (proceedings)—

(a) in paragraph (1), for the words “A local fisheries committee”, substitute “An inshore fisheries and conservation authority”;

(b) omit paragraph (2).

The Undersized Edible Crabs Order 2000 E+W

7.—(1) The Undersized Edible Crabs Order 2000(7) is amended as follows.

(2) In article 2(1) (interpretation), for the definition of “Eastern Sea Fisheries District”, substitute—

““Eastern Inshore Fisheries and Conservation District” means the inshore fisheries and conservation district established on 1st October 2010 by the Eastern Inshore Fisheries and Conservation Order 2010;”.

(3) For “Eastern Sea Fisheries District”, wherever occurring, substitute “Eastern Inshore Fisheries and Conservation District”.

The Waddeton Fishery Order 2001 E+W

8.—(1) The Waddeton Fishery Order 2001(8) is amended as follows.

(2) In article 1(2) (title, commencement and interpretation), for the definition of “the Committee”, substitute—

““the Authority” means the inshore fisheries and conservation authority for the Devon and Severn Inshore Fisheries and Conservation District established under section 149(1) of the Marine and Coastal Access Act 2009;”.

(3) In article 6(13) (licensing of fishing), for the words from “section 11(5)” to the end substitute “section 163(1) of the Marine and Coastal Access Act 2009”.

(4) For “Committee”, wherever occurring, substitute “Authority”.

The Coast Protection (Notices) (England) Regulations 2002 E+W

9.  In article 3(c) (service of notice of proposal for coast protection work) of the Coastal Protection (Notices) (England) Regulations 2002(9), for the words “local fisheries committee”, substitute “inshore fisheries and conservation authority”.

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 E+W

10.—(1) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003(10) are amended as follows in relation to England.

(2) In regulation 12 (river basin management plans: public participation)—

(a) for paragraph (4)(j), substitute—

“(j) “any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district;”;

(b) after paragraph (5)(b)insert —

“(ba) “inshore fisheries and conservation authority” means the inshore fisheries and conservation authority for an inshore fisheries and conservation district;

(bb) “inshore fisheries and conservation district” means an inshore fisheries and conservation district established by an order under section 149(1) of the Marine and Coastal Access Act 2009;”;

(c) omit paragraph (5)(d).

The Incidental Catches of Cetaceans in Fisheries (England) Order 2005 E+W

11.—(1) The Incidental Catches of Cetaceans in Fisheries (England) Order 2005(11) is amended as follows.

(2) In article 2(1) (interpretation), insert at the appropriate place—

““inshore fisheries and conservation authority” means an inshore fisheries and conservation authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;”.

(3) For article 12(1)(b) (powers of other officers), substitute—

“(b) any inshore fisheries and conservation officer of an inshore fisheries and conservation authority acting within any part of the district of the authority,”.

(4) For article 13 (proceedings), substitute—

“Proceedings

13.   An inshore fisheries and conservation authority may take proceedings under this Order in respect of any offence occurring within any part of the district of the authority.”.

The Conservation of Habitats and Species Regulations 2010 E+W

12.  Regulation 6 (relevant authorities in relation to marine areas and European marine sites) of the Conservation of Habitats and Species Regulations 2010(12) is amended as follows—

(a) for sub-paragraph (i), substitute—

“(i) an inshore fisheries and conservation authority established under Part 6 of the Marine Act (management of inshore fisheries); and”;

(b) omit sub-paragraph (j).

(1)

S.I. 1985/847.

(2)

S.I. 1992/2957.

(3)

S.I. 1992/3038.

(4)

S.I. 1994/2329.

(5)

S.I. 1998/2241, to which there are amendments not relevant to this Order.

(6)

S.I. 2000/1081, to which there are amendments not relevant to this Order.

(7)

S.I. 2000/2029.

(8)

S.I. 2001/1380.

(9)

S.I. 2002/1278.

(10)

S.I. 2003/3242 amended in relation to Wales by S.I. 2010/630; there are other amending instruments but none is relevant.

(11)

S.I. 2005/17.

(12)

S.I. 2010/490.