The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Made: 21st February 2019

Laid before the Scottish Parliament: 25th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.

PART 1 — Introduction

Citation and commencement

1

• (1) These Regulations may be cited as the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.

• (2) These Regulations come into force as follows—

• (a) Parts 1 and 2 come into force on 28 March 2019,

• (b) Part 3 comes into force on exit day.

PART 2 — Amendments to Out of Date References in Subordinate Legislation

The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000

2

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The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

3

• (1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 is amended as follows.

• (2) In article 2(1), for the definition of “the Council Regulation”, substitute—

“the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms , as last amended by Council Regulation (EU) No. 812/2015 ;

The Shrimp Fishing Nets (Scotland) Order 2004

4

• (1) The Shrimp Fishing Nets (Scotland) Order 2004 is amended as follows.

• (2) For article 2(2), substitute—

(2) For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets .

The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007

5

• (1) The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 is amended as follows.

• (2) In article 2(1), in the definition of “the Regulation”, at the end insert “ , as amended by Council Regulation (EU) No. 605/2013 ”.

The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010

6

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PART 3 — Other Amendments to Subordinate Legislation (EU Exit)

The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000

7

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The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

8

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Signed

FERGUS EWING — A member of the Scottish Government — 2019-02-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: 2018 c.16.

[^f00003]: S.S.I. 2000/53 as amended by S.S.I. 2002/81.

[^f00004]: OJ L 125, 27.4.1998, p.1.

[^f00005]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00006]: OJ L 182, 12.7.2007, p.1.

[^f00007]: OJ L 277, 22.10.2015, p.11.

[^f00008]: OJ L 45, 15.2.2002, p.58.

[^f00009]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00010]: OJ L 343, 22.12.2009, p.1.

[^f00011]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00012]: S.S.I. 2000/227 as amended by S.S.I. 2001/250, S.S.I. 2009/165 and S.S.I. 2010/231.

[^f00013]: OJ L 125, 27.4.1998, p.1.

[^f00014]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00015]: S.S.I. 2004/261 as amended by S.S.I. 2008/10.

[^f00016]: OJ L 151, 11.6.2008, p.5.

[^f00017]: S.S.I. 2007/39 as amended by S.S.I. 2015/320.

[^f00018]: OJ L 181, 29.6.2013, p.1.

[^f00019]: S.S.I. 2010/100 as amended by S.S.I. 2011/59.

[^f00020]: OJ L 125, 27.4.1998, p. 1.

[^f00021]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00022]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^f00023]: OJ L 112, 30.4.2011, p.1.

[^f00024]: OJ L 287, 31.10.2015, p.6.

[^f00025]: S.S.I. 2000/53 as amended by S.S.I. 2002/81.

[^f00026]: S.S.I. 2000/227 as amended by S.S.I. 2001/250, S.S.I. 2009/165 and S.S.I. 2010/165.

[^f00027]: 1978 c.30. Schedule 1 was relevantly amended by paragraph 22 of schedule 8 of the European Union (Withdrawal) Act 2018 (c.16).

Editorial notes

[^c23597011]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^c23597021]: 2018 c.16.

[^c23597121]: S.S.I. 2000/227 as amended by S.S.I. 2001/250, S.S.I. 2009/165 and S.S.I. 2010/231.

[^c23597131]: OJ L 125, 27.4.1998, p.1.

[^c23597141]: OJ L 133, 29.5.2015, p.1, as corrected by a corrigendum (OJ L 319, 4.12.2015, p.21).

[^c23597151]: S.S.I. 2004/261 as amended by S.S.I. 2008/10.

[^c23597161]: OJ L 151, 11.6.2008, p.5.

[^c23597171]: S.S.I. 2007/39 as amended by S.S.I. 2015/320.

[^c23597181]: OJ L 181, 29.6.2013, p.1.

[^key-b12e1bb1974ff5500b691f4e06c41a27]: Reg. 1 in force at 28.3.2019, see reg. 1(2)(a)

[^key-5ee6df103b4c5f46d3412d05766fe76e]: Reg. 3 in force at 28.3.2019, see reg. 1(2)(a)

[^key-2197e13c04e88a0b32a2c8fa4f5203ba]: Reg. 4 in force at 28.3.2019, see reg. 1(2)(a)

[^key-131102239c0ddc1eeff6d6716c08dfd4]: Reg. 5 in force at 28.3.2019, see reg. 1(2)(a)

[^key-c0f2bb7711e7dbaef7107df26d929823]: Reg. 2 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)

[^key-9a32b23676d9f08a2f365f904b68f9b6]: Reg. 6 omitted (21.12.2020) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 7(2)

[^key-c7c00dc6a79e7a75dab9d3f692bbef79]: Pt. 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(3), 7(3)