The Prohibition of Fishing for Scallops (Wales) Order 2009

Welsh Statutory Instruments

2009 No. 2721 (W.232)

SEA FISHERIES, WALES

CONSERVATION OF SEA FISH

The Prohibition of Fishing for Scallops (Wales) Order 2009

Made

7 October 2009

Laid before the National Assembly for Wales

8 October 2009

Coming into force

1 November 2009

The Welsh Ministers, in exercise of the powers conferred by sections 5(1), 5A(1), 15(3) and 20(1) of the Sea Fish (Conservation) Act 1967(1), and now vested in them(2), make the following Order.

(1)

1967 c. 84. Section 5(1) was substituted by the Fisheries Act 1981 (c. 29), section 22(1). Section 5A was inserted by the Environment Act 1995 (c. 25), section 103(1). Section 15(3) was substituted by the Sea Fisheries Act 1968 (c. 77), section 22(1), Schedule 1, Part II, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c. 86), section 9(1), Schedule 2, paragraph 16(1) and further amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 43(1) and (2)(b). See section 22(2) for definitions of “the Ministers”. Section 22(2) was amended by the Fisheries Act 1981, sections 19(2)(d) and 45(a), (b) and (c) and 46(2), Schedule 5, Part II and by S.I. 1999/1820, article 4, Schedule 2, paragraph 43(1), (12) and Part IV and by the Northern Ireland Constitution Act 1973, section 40, Schedule 5, paragraph 8(1).

(2)

By virtue of article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under sections 5, 5A, 15 and 20 of the 1967 Act were transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)) in so far as exercisable in relation to Wales (acting concurrently with the Secretary of State in relation to the section 15(3)). Those functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).