The Whelk Fishing (Wales) (Amendment) Order 2019

Welsh Statutory Instruments

2019 No. 1498 (W. 274)

Sea Fisheries, Wales

Conservation Of Sea Fish

The Whelk Fishing (Wales) (Amendment) Order 2019

Made

10 December 2019

Laid before the National Assembly for Wales

12 December 2019

Coming into force

15 January 2020

The Welsh Ministers make the following Order in exercise of the powers conferred by section 1(3) and (6) of the Sea Fish (Conservation) Act 1967(1), now vested in them(2).

(1)

1967 c .84 (“the 1967 Act”). Section 1 of the 1967 Act was substituted by the Fisheries Act 1981 (c. 29), section 19(1). Section 1(3) of the 1967 Act was substituted by the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), section 194(1) and (4). See section 1(9) of the 1967 Act for a definition of the “appropriate national authority”. Section 1(9) was inserted by the 2009 Act, section 194(1) and (5) and amended by S.I. 2010/760. Section 22(2) of the 1967 Act, which contains a definition of “the Ministers”, was amended by the Fisheries Act 1981 (c. 29), sections 19(2)(d) and (3), and 45 and 46, Schedule 5, Part 2 and S.I.1999/1820, article 4, Schedule 2, Part 1, paragraph 43(1) and (12)), Part 4.

(2)

The functions of the Ministers under section 1(3) and (6) so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)): see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were then further transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). So far as exercisable in relation to the Welsh zone, the functions of the Ministers under section 1(3) and (6) of the 1967 Act, were 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).