Statutory Instruments
Sea Fisheries, England
Made
14th March 2012
Laid before Parliament
16th March 2012
Coming into force
6th April 2012
The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland, acting jointly in exercise of the powers conferred by section 4B of the Sea Fish (Conservation) Act 1967(1) and now vested in them(2), make the following Regulations.
1967 c.84 (“the 1967 Act”). Section 4B was inserted by section 4 of the Sea Fish (Conservation) Act 1992 (c.60). Section 22(2)(a) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of section 4B, was amended by the Fisheries Act 1981 (c.29), sections 19(2)(d) and 45(b) (and was modified in relation to Scotland by section 22A(12)(b) of the 1967 Act, inserted by S.I. 1999/1820).
The function under section 4B of the 1967 Act in relation to Wales was transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). The function under section 4B in relation to the Welsh zone was transferred to the Welsh Ministers by article 4(1)(b) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760). The function under section 4B in relation to Scotland was transferred to the Scottish Ministers under section 53(1) of the Scotland Act 1998 (c.46). The function under section 4B in relation to licences granted under section 4 or 4A of the 1967 Act by the Department of Agriculture and Rural Development in Northern Ireland was transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(1) of, and paragraph 3(1)(g) of Schedule 1 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790). Any remaining functions in relation to England of the Secretaries of State concerned with the sea fishing industry in Scotland and Wales under section 4B of the 1967 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with the sea fishing industry in Northern Ireland acting jointly under section 4B of the 1967 Act was transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with the sea fishing industry in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).