The Sea Fishing Operations (Monitoring Devices) (Wales) Order 2022

Welsh Statutory Instruments

2022 No. 70 (W. 26)

Sea Fisheries, Wales

The Sea Fishing Operations (Monitoring Devices) (Wales) Order 2022

Made

24 January 2022

Laid before Senedd Cymru

27 January 2022

Coming into force

15 February 2022

The Welsh Ministers make the following Order in exercise of the powers conferred by section 5(1) of the Sea Fisheries Act 1968(1) which are now vested in them(2).

(1)

1968 c. 77 (“the 1968 Act”). Section 5(1) was amended by the Fishery Limits Act 1976 (c. 86), section 4(2). See section 19 of the 1968 Act for a definition of “the Ministers”; the definition of “the Ministers” in section 19 was amended by S.I. 1999/1820, article 4, Schedule 2, Part I, paragraph 48(1) and (5)(c).

(2)

By virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions exercisable under section 5 of the 1968 Act were transferred to the National Assembly for Wales in so far as exercisable in relation to Wales (acting concurrently with any Minister of the Crown by whom they are exercisable in relation to functions under section 5 relating to the identification and marking of fishing boats). 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). By virtue of articles 4(1)(c) and 5(1)(c) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), functions exercisable under section 5 of the 1968 Act were further transferred to the Welsh Ministers in relation to the Welsh zone (acting concurrently with any Minister of the Crown by whom they are exercisable in relation to functions under section 5 relating to the identification and marking of fishing boats). By virtue of section 59A of, and paragraph 2(1) and (2)(c) of Schedule 3A to, the Government of Wales Act 2006, functions exercisable under section 5 of the 1968 Act were further transferred to the Welsh Ministers in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone (acting concurrently with any Minister of the Crown by whom they are exercisable in relation to functions under section 5(1) and (2)(a) of the 1968 Act). See paragraph 2(4) of Schedule 3A for the definition of “Welsh fishing boat”.