Fisheries Act 2020

• (ii) attach conditions to the licences; and

• (b) the limit or conditions mentioned in paragraph (a) apply when the fishing boats are in an area for which the authority is responsible.

• (2) The sea fish licensing authority mentioned in sub-paragraph (1) (“the requesting authority”) may request any other sea fish licensing authority (“the other authority”) to exercise its licensing functions in such a way that the licences granted by the other authority in respect of fishing boats of the same description, so far as they confer authority in relation to the area mentioned in sub-paragraph (1)(b), are made subject to the limit or conditions mentioned in sub-paragraph (1)(a).

• (3) The other authority must comply with the request unless, in its opinion, it is unreasonable to do so.

• (4) References in this paragraph to an area for which a sea fish licensing authority is responsible are—

• (a) in the case of the Scottish Ministers, to an area in Scotland or the Scottish zone;

• (b) in the case of the Welsh Ministers, to an area in Wales or the Welsh zone;

• (c) in the case of the Northern Ireland department, to an area in Northern Ireland or the Northern Ireland zone;

• (d) in the case of the Marine Management Organisation, to any other area within British fishery limits.

Use of licensing functions to limit fishing activity

5

A sea fish licensing authority may exercise its licensing functions so as to limit—

• (a) the number of fishing boats, or any class of fishing boats, engaged in fishing in any area, or

• (b) fishing in any area for any description of fish,

to such extent as appears to it to be necessary or expedient for the regulation of sea fishing.

Power to arrange for licensing functions to be exercised by others

6

• (1) A sea fish licensing authority may make arrangements for any of its licensing functions to be exercised by other persons on its behalf.

• (2) Arrangements made by a sea fish licensing authority under this paragraph do not affect that authority's responsibility for the exercise of the licensing function in question.

• (3) A public authority that exercises functions on behalf of a sea fish licensing authority under this paragraph may charge that authority such fees as it considers reasonable in respect of the cost of doing so.

• (4) This paragraph does not confer power on a sea fish licensing authority to make arrangements for a licensing function to be exercised on its behalf by another sea fish licensing authority (see instead section 43 (agency arrangements between sea fish licensing authorities)).

Regulations about the licensing of fishing boats

7

• (1) The relevant national authority may by regulations make provision—

• (a) as to the manner in which a sea fish licensing authority's licensing functions are to be exercised;

• (b) as to the time when—

• (i) a sea fishing licence, or a variation, suspension or revocation of a sea fishing licence, has effect, or

• (ii) a condition attached to a sea fishing licence, or the addition, removal or variation of such a condition, has effect.

• (2) Regulations under sub-paragraph (1) may, in particular, include provision—

• (a) for documents to be delivered, or notices given, to the nominees of persons to whom licences are granted;

• (b) for documents or notices to be treated as delivered or given if they are posted or otherwise communicated in accordance with the regulations;

• (c) for notices to be given by publication in newspapers;

• (d) as to the transitional effects of variations.

• (3) The relevant national authority may by regulations make provision authorising the making of charges in relation to a sea fishing licence.

• (4) Regulations under sub-paragraph (3) may, in particular—

• (a) make provision for the amount of any charge to be specified in, or determined in accordance with provision made by, the regulations;

• (b) make different provision in relation to different classes of licence;

• (c) make provision for no charge to be payable in such circumstances as may be specified in the regulations.

• (5) The relevant national authority must by regulations make provision as to the principles that are to be applied by a sea fish licensing authority in exercising its functions in relation to conditions attached to a sea fishing licence under paragraph 1(2)(c) (conditions as to time spent at sea).

• (6) A principle of the kind to which sub-paragraph (7) applies may not be included in any regulations under sub-paragraph (5) which make provision for principles of any other kind.

• (7) This sub-paragraph applies to a principle providing for a reduction in the time which all fishing boats, or all fishing boats of a specified description, may spend at sea during any period by comparison with the time which they, or fishing boats of that description, were permitted to spend (or spent or were treated as spending) during a specified previous period (making any necessary adjustment where the periods are of different lengths); and for this purpose “description” means description framed by reference to size of fishing boat, method or area of fishing or description of fish.

• (8) Regulations under sub-paragraph (5) providing for a principle of the kind to which sub-paragraph (7) applies are subject to the affirmative resolution procedure.

• (9) Any other regulations under this paragraph are subject to the negative resolution procedure.

• (10) In this paragraph “the relevant national authority” means—

• (a) the Scottish Ministers, in relation to regulations containing provision about the licensing of—

• (i) Scottish fishing boats, or

• (ii) foreign fishing boats in Scotland or the Scottish zone;

• (b) the Welsh Ministers, in relation to regulations containing provision about the licensing of—

• (i) Welsh fishing boats, or

• (ii) foreign fishing boats in Wales or the Welsh zone;

• (c) the Northern Ireland department, in relation to regulations containing provision about the licensing of—

• (i) Northern Ireland fishing boats, or

• (ii) foreign fishing boats in Northern Ireland or the Northern Ireland zone;

• (d) the Secretary of State, in relation to regulations containing provision about the licensing of—

• (i) British fishing boats that are not Scottish, Welsh or Northern Ireland fishing boats, or

• (ii) foreign fishing boats outside Scotland and the Scottish zone, Wales and the Welsh zone, and Northern Ireland and the Northern Ireland zone.

Power of Secretary of State under paragraph 7 where consent obtained

8

• (1) Provision which could be included in regulations made by the Scottish Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Scottish Ministers.

• (2) Provision which could be included in regulations made by the Welsh Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Welsh Ministers.

• (3) Provision which could be included in regulations made by the Northern Ireland department under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Northern Ireland department.

Interpretation

9

In this Schedule “licensing function” means a function of a sea fish licensing authority under—

• (a) section 15 or 17,

• (b) paragraphs 1 to 4 of this Schedule, or

• (c) regulations under paragraph 7 of this Schedule.

SCHEDULE 4

PART 1 — Access to British fisheries by foreign fishing boats

Sea Fish Industry Act 1962

1

Section 17 of the Sea Fish Industry Act 1962 (exemption from s.2 of the Fishery Limits Act 1976 for operations for scientific and certain other purposes) is repealed.

Sea Fisheries Act 1968

2

• (1) The Sea Fisheries Act 1968 is amended as follows.

• (2) In section 8 (general powers of British sea-fishery officers)—

• (a) in subsection (1), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ of section 12 of the Fisheries Act 2020 ”;

• (b) in subsection (4), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ section 12 of the Fisheries Act 2020 ”.

• (3) In section 12 (recovery of fines imposed on master etc or crew), in subsections (1) and (2), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

• (4) In section 13 (compensation for damage caused by offence), in subsections (2) and (4), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

• (5) In section 14 (jurisdiction to try offences), omit “or section 2 of the Fishery Limits Act 1976”.

Fishery Limits Act 1976

3

• (1) Section 2 of the Fishery Limits Act 1976 (access to British fisheries) is repealed.

• (2) In consequence of the repeal made by sub-paragraph (1), the following provisions of the Fishery Limits Act 1976 are also repealed—

• (a) in section 8 (interpretation), the following definitions—

• “relevant British fishery limits”;

• “the Scottish zone”;

• “sea fish”;

• “wholly British-owned”;

• (b) in Schedule 3 (transitional provisions), paragraphs 1 and 7.

Subordinate legislation made under section 2 of the Fishery Limits Act 1976

4

The following orders were made (or have effect as if made) under powers contained in section 2 of the Fishery Limits Act 1976 and are therefore revoked by virtue of paragraph 3(1)—

• (a) the Fishing Boats (France) Designation Order 1965 (S.I. 1965/1241);

• (b) the Fishing Boats (Republic of Ireland) Designation Order 1965 (S.I. 1965/1448);

• (c) the Fishing Boats (Belgium) Designation Order 1965 (S.I. 1965/1569);

• (d) the Foreign Fishing Boats (Stowage of Gear) Order 1970 (S.I. 1970/318);

• (e) the Fishing Boats (European Economic Community) Designation Order 1983 (S.I. 1983/253);

• (f) the Fishing Boats (European Economic Community) Designation (Variation) Order 1986 (S.I. 1986/382);

• (g) the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 (S.I. 1992/3108);

• (h) the Fishing Boats (European Economic Community) Designation (Variation) Order 1996 (S.I. 1996/248);

• (i) the Fishing Boats (Specified Countries) Designation Order 1996 (S.I. 1996/1035);

• (j) the Fishing Boats (Specified Countries) Designation (Variation) Order 1997 (S.I. 1997/1630);

• (k) the Fishing Boats Designation (England) Order 2015 (S.I. 2015/648);

• (l) the Fishing Boats Designation (England) (Amendment) Order 2017 (S.I. 2017/1219).

Fishery Limits Act 1976 (Guernsey) Order 1989

5

The Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407) is revoked.

PART 2 — Licensing of fishing boats

Sea Fish (Conservation) Act 1967

6

• (1) The Sea Fish (Conservation) Act 1967 is amended as follows.

• (2) Omit section 4 (licensing of fishing boats).

• (3) In section 4AA (restrictions on time spent at sea: appeals)—

• (a) in subsection (2)(a), for “section 4 of this Act” substitute “ section 15 or 17 of the Fisheries Act 2020 ”;

• (b) in subsection (4), for “order made under section 4(6C) of this Act” substitute “ regulations made under paragraph 7(5) of Schedule 3 to the Fisheries Act 2020 ”.

• (4) In section 4B (regulations supplementary to sections 4 and 4A)—

• (a) in the heading, for “sections 4 and 4A” substitute “ section 4A ”;

• (b) in subsection (1)(a), omit “4 or”.

• (5) In section 4C (provisions supplementary to sections 4 and 4A: evidence)—

• (a) in the heading, for “Provisions supplementary to sections 4 and 4A” substitute “ Proceedings for offences relating to licences ”;

• (b) in subsection (1)(a), for “condition included in a licence by virtue of section 4(6) or 4A(6) of this Act” substitute “ relevant condition ”;

• (c) in subsection (1), in the closing words, for “an offence under section 4 or 4A” substitute “ a relevant offence ”;

• (d) in subsection (2), in the opening words, for “an offence under section 4 or 4A” substitute “ a relevant offence ”;

• (e) in subsection (2)(c)(i)—

• (i) for “condition imposed under section 4(6) or 4A(6)” substitute “ relevant condition ”;

• (ii) for “condition imposed under section 4(6)” substitute “ relevant condition within subsection (3A)(a) ”;

• (f) in subsection (2)(c)(ii), for “requirement under section 4(7) or 4A(7)” substitute “ relevant requirement ”;

• (g) after subsection (3) insert—

(3A) In this section “relevant condition” means a condition— (a) attached, by virtue of paragraph 1 of Schedule 3 to the Fisheries Act 2020, to a sea fishing licence granted under section 15 or 17 of that Act, or (b) included by virtue of subsection (6) of section 4A of this Act in a licence granted under that section. (3B) In this section “relevant offence” means— (a) an offence under section 14(6) or 16(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 (offences relating to sea fishing licences), or (b) an offence under section 4A of this Act. (3C) In this section “relevant requirement” means— (a) a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain information in connection with sea fishing licence), or (b) a requirement under section 4A(7) of this Act.

• (6) In section 9 (exemption for operations for scientific and other purposes), in subsection (5), omit “4,”.

• (7) In section 11 (penalties for offences)—

• (a) in subsection (1)—

• (i) in paragraph (a) (as it has effect in Scotland and Northern Ireland), omit “4(3), (6) or (9A)”;

• (ii) in paragraph (b) (as it has effect in Northern Ireland), omit “4(9A)”;

• (iii) in paragraph (c) (as it has effect in Scotland and Northern Ireland), omit “4(7) or (7A)”;

• (b) in subsection (2)—

• (i) in the opening words as they have effect in England and Wales and Northern Ireland, omit “4(3), (6) and (9A)”;

• (ii) in those words as they have effect in Scotland, omit “4(3) and (6)”;

• (iii) in paragraph (c) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

• (iv) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

• (v) in paragraph (d) as it has effect in England and Wales and Northern Ireland, omit “section 4(3), (6) or (9A) or”;

• (vi) in that paragraph as it has effect in Scotland, omit “section 4(3) or (6) or”;

• (c) in subsection (3) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A)”;

• (d) in that subsection as it has effect in Scotland, omit “4(3) or (6)”.

• (8) In section 14 (jurisdiction of court to try offences), omit “4,”.

• (9) In section 15 (powers of British sea-fishery officers for enforcement of Act)—

• (a) in subsection (2)—

• (i) in paragraph (b) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

• (ii) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

• (iii) in that paragraph, after “this Act” insert “ , or under section 14(6) or 16(6) of, or paragraph 1(4) of Schedule 3 to, the Fisheries Act 2020, ”;

• (iv) in paragraph (c), for the words after “an order under”, substitute “ section 5 of this Act or by section 15 or 17 of the Fisheries Act 2020; ”;

• (b) in subsection (3), at the end insert “ or any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions. ”;

• (c) in subsection (3A)(a)(i)—

• (i) omit “4(6) or”;

• (ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”;

• (d) in subsection (3B)—

• (i) omit “4(6) or”;

• (ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”.

• (10) In section 18 (enforcement of orders in relation to salmon and migratory trout)—

• (a) in subsection (1)—

• (i) in the opening words, omit “4,”;

• (ii) in paragraph (b), omit “section 4 of this Act, and”;

• (b) in subsections (2) and (3), omit “4,”.

• (11) In section 20 (orders)—

• (a) in subsection (2), omit “4,”;

• (b) in subsection (5)—

• (i) omit “4,”;

• (ii) after “thereunder,” insert “ and a statutory instrument containing an order made under section 15 in relation to any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions, ”;

• (iii) omit “(5A) or”;

• (c) omit subsections (5A) and (5B).

• (12) In section 22 (interpretation)—

• (a) in subsection (1), at the appropriate place, insert—

“British fishing boat” means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, (b) which is British-owned, or (c) which is registered under the law of Jersey, Guernsey or the Isle of Man;

;

• (b) in that subsection, in the definition of “sea fish”, omit “4,”;

• (c) after subsection (1) insert—

(1A) In any order or regulations made under this Act “foreign fishing boat” means (unless the contrary intention appears) a fishing boat which is not a British fishing boat.

• (13) In section 22A (application to Scotland)—

• (a) in subsection (3), for “sections 4 and” substitute “ section ”;

• (b) in subsection (4), for “sections 4(4) and” substitute “ section ”;

• (c) omit subsection (9A);

• (d) in subsection (11)(b), after “approval”, in the second place it occurs, insert “ or annulment ”.

Fishery Limits Act 1976

7

In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).

Fisheries Act 1981

8

In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Sea Fish (Conservation) Act 1992

9

In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Government of Wales Act 2006

10

• (1) The Government of Wales Act 2006 is amended as follows.

• (2) In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers)—

• (a) in paragraph 1(2), in the table, in the entry for the Sea Fish (Conservation) Act 1967, in column 2—

• (i) omit “(a) section 4 (licensing of fishing boats), and”;

• (ii) for “sections 4 and” substitute “ section ”;

• (b) in paragraph 2(2)(b), omit sub-paragraph (i);

• (c) in paragraph 2(3), omit “4 or”.

Marine and Coastal Access Act 2009

11

• (1) The Marine and Coastal Access Act 2009 is amended as follows.

• (2) In section 4 (licensing of fishing boats)—

• (a) omit subsections (1) to (6);

• (b) in subsection (7), for “that section” substitute “ section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) ”.

• (3) In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish (Conservation) Act 1967), omit “4 or”.

• (4) In section 196 (charging for commercial fishing licences), omit subsection (1).

• (5) Omit section 197 (grant of licences subject to conditions imposed for environmental purposes).

• (6) In section 284 (power to require production of certain equipment), in subsection (2)(a), for “section 4(6) or” substitute “ paragraph 1 of Schedule 3 to the Fisheries Act 2020 or section ”.

Sea Fish (Specified Manx Waters) Licensing Order 1990

12

The Sea Fish (Specified Manx Waters) Licensing Order 1990 (S.I. 1990/2051) is revoked.

Sea Fish Licensing Order 1992

13

• (1) The Sea Fish Licensing Order 1992 (S.I. 1992/2633) is amended as follows.

• (2) Articles 2 and 3, and the Schedule, were made under powers contained in section 4 of the Sea Fish (Conservation) Act 1967 and are therefore revoked by virtue of paragraph 6(2).

• (3) In article 4—

• (a) in paragraph (1), for “this Order” substitute “ section 14 of the Fisheries Act 2020 ”;

• (b) in paragraph (3)(c), for “section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order” substitute “ section 14(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 ”;

• (c) in paragraph (4), for “this Order” substitute “ section 14 of the Fisheries Act 2020 ”.

Sea Fish Licensing (Time at Sea) (Principles) Order 1993

14

• (1) The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) is amended as follows.

• (2) Article 2 (interpretation) is amended in accordance with sub-paragraphs (3) and (4).

• (3) In paragraph (1)—

• (a) in the definition of “the Act”, for “Sea Fish (Conservation) Act 1967” substitute “ Fisheries Act 2020 ”;

• (b) for the definition of “the appropriate Minister” substitute—

“the sea fish licensing authority” means— (a) in relation to a Scottish fishing boat, the Scottish Ministers; (b) in relation to a Welsh fishing boat, the Welsh Ministers; (c) in relation to a Northern Ireland fishing boat, the Northern Ireland department; (d) in relation to any other British fishing boat, the Marine Management Organisation;

;

• (c) in the definition of “compulsory returns”, in both places, for “appropriate Minister” substitute “ sea fish licensing authority ”;

• (d) in the definition of “licence”, for “section 4” substitute “ section 15 or 17 ”;

• (e) in the definition of “principles”, for “section 20(5B) of” substitute “ paragraph 7(7) of Schedule 3 to ”;

• (f) in the definition of “time at sea condition”, for “section 4(6)(c) of” substitute “ paragraph 1(2)(c) of Schedule 3 to ”;

• (g) in the definition of “voluntary returns”, for “appropriate Minister” substitute “ sea fish licensing authority ”.

• (4) In paragraph (2)(c), for “the Act” substitute “ the Sea Fish (Conservation) Act 1967 ”.

• (5) In Article 3 (principles), for “on which the time which vessels may spend at sea is to be arrived at for the purposes of” substitute “ that are to be applied by the sea fish licensing authority in exercising its functions in relation to ”.

Sea Fishing (Licences and Notices) Regulations 1994

15

• (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows.

• (2) In regulation 1 (citation, commencement and interpretation)—

• (a) in the heading, after “commencement” insert “ , application ”;

• (b) after paragraph (1) insert—

(1A) These regulations apply in relation to— (a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats; (b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and (c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)— (i) in respect of Welsh fishing boats, or (ii) by the Welsh Ministers in respect of foreign fishing boats.

;

• (c) in paragraph (2), for the definition of “licence” substitute—

“licence” means a licence to which these regulations apply (see regulation 1(1A));

;

• (d) in paragraph (2), in the definition of “nominee”, in paragraph (b), for “in a member State and having a place of business” substitute “ , and having a place of business, ”;

• (e) in paragraph (2), for the definition of “sea fishing licence” substitute—

“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);

;

• (f) in paragraph (2), at the end insert—

“temporary foreign vessel licence” means a licence that— (a) is granted in respect of a foreign fishing boat, and (b) has effect for a period of no more than three weeks; “Welsh fishing boat” means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

• (3) In regulation 2 (communication of licences and notices)—

• (a) in paragraph (1), in the opening words—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) for “a nominee” substitute “ an appropriate recipient ”;

• (b) in paragraph (1), for sub-paragraph (d) substitute—

(d) subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.

;

• (c) for paragraph (2) substitute—

(2) A notice shall be effected by communicating it to an appropriate recipient— (a) in any of the ways specified in paragraph (1); (b) by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or (c) in accordance with paragraph (3).

;

• (d) after that paragraph insert—

(2A) In paragraphs (1) and (2), “an appropriate recipient” means— (a) in relation to a licence or notice relating to a Welsh fishing boat— (i) the owner or charterer of the fishing boat, or (ii) a nominee of that owner or charterer; (b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat. (2B) A temporary foreign vessel licence shall be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by— (a) transmitting it to the relevant person by means of an electronic communication, and (b) subsequently publishing it on the website of the Welsh Ministers or of a person granting the licence on their behalf. (2C) In paragraph (2B), “the relevant person”, in relation to a foreign fishing boat, means— (a) if the fishing boat is registered in a member State, the European Commission; (b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

;

• (e) in paragraph (3), in the closing words, omit “granted by the appropriate Minister,”;

• (f) after paragraph (4) insert—

(5) A notice, other than a notice published in accordance with paragraph (3), must— (a) specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or (b) in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences. (6) A licence, other than a temporary foreign vessel licence, or notice may be communicated to a person by means of an electronic communication only if the following conditions are met— (a) the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and (b) the person has specified an address for the purpose of receiving such communications.

• (4) In regulation 3 (delivery of licences and giving of notices)—

• (a) in the heading, for “Delivery” substitute “ Granting ”;

• (b) in paragraphs (1) and (2), for “delivered” substitute “ granted ”;

• (c) in paragraph (3)—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) for “a nominee's” substitute “ an ”;

• (iii) for “delivered” substitute “ granted ”;

• (d) after paragraph (3) insert—

(3A) In relation to a licence or notice transmitted by electronic means at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour. (3B) A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published in accordance with that provision. (3C) A temporary foreign vessel licence communicated in accordance with regulation 2(2B) shall be treated as granted immediately it is published in accordance with that provision.

;

• (e) in paragraph (5) (in each place it occurs), for “delivered” substitute “ granted ”.

• (5) In regulation 4 (time at which licences and notices to have effect)—

• (a) in paragraph (a)—

• (i) after “2(1)” insert “ or (2B) ”;

• (ii) omit “, and a notice which is communicated in accordance with regulation 2(2)(b),”;

• (iii) for “delivered or given” substitute “ granted ”;

• (b) in paragraph (b), omit the “and” at the end;

• (c) after that paragraph (b) insert—

(ba) a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and

.

Scotland Act (Agency Arrangements) (Specification) Order 1999

16

• (1) The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/1512) is amended as follows.

• (2) In Schedule 1 (functions conferred on Minister of the Crown), omit paragraph 1.

• (3) In Schedule 2 (functions exercisable by Scottish Ministers), omit paragraph 1.

Scotland Act 1998 (Concurrent Functions) Order 1999

17

• (1) The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) is amended as follows.

• (2) In Schedule 1—

• (a) in column 1, omit the entry for section 4 of the Sea Fish (Conservation) Act 1967, and

• (b) omit the corresponding entry in column 2.

Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

18

• (1) The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.S.I. 2011/70) are amended as follows.

• (2) In regulation 1 (citation, commencement, extent and application)—

• (a) in paragraph (2), omit the words from “and the Scottish zone only” to the end;

• (b) for paragraph (3) substitute—

(3) These regulations apply in relation to— (a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Scottish fishing boats; (b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Scottish Ministers; and (c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)— (i) in respect of Scottish fishing boats, or (ii) by the Scottish Ministers in respect of foreign fishing boats.

• (3) In regulation 2 (interpretation)—

• (a) for the definition of “licence” substitute—

“licence” means a licence to which these regulations apply (see regulation 1(3));

;

• (b) in the definition of “nominee”—

• (i) in paragraph (b) for “a member State” substitute “ the United Kingdom ”;

• (ii) in the closing words, omit “Scottish”;

• (c) in the definition of “Scottish fishing boat”, omit “; and in respect of which the Scottish Ministers may grant or have granted a licence”;

• (d) for the definition of “sea fishing licence” substitute—

“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(3)(a) or (b);

;

• (e) after that definition insert—

• “temporary foreign vessel licence” means a licence that—
• is granted in respect of a foreign fishing boat, and
• has effect for a period of no more than three weeks.

• (4) In regulation 3 (communication of licences and notices)—

• (a) in paragraph (1), in the opening words—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) for “Scottish fishing boat” substitute “ fishing boat ”;

• (b) in paragraph (1), in sub-paragraphs (a) and (b), after “charterer or” insert “ , in the case of a Scottish fishing boat, ”;

• (c) after that paragraph insert —

(1A) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by— (a) transmitting it to the relevant person by means of an electronic communication, and (b) subsequently publishing it on the website of the Scottish Ministers or of a person granting the licence on their behalf. (1B) In paragraph (1A), “the relevant person”, in relation to a foreign fishing boat, means— (a) if the fishing boat is registered in a member State, the European Commission; (b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

;

• (d) in paragraph (2)—

• (i) in sub-paragraph (a), at the beginning, insert “ in the case of a Scottish fishing boat ”;

• (ii) in sub-paragraph (b), omit “Scottish”;

• (e) in paragraphs (3) and (4), for “Scottish fishing boat” substitute “ fishing boat ”.

• (5) In regulation 4 (delivery of licences and giving of notices)—

• (a) in the heading, for “Delivery” substitute “ Granting ”;

• (b) in paragraphs (1) and (2), for “delivered” substitute “ granted ”;

• (c) in paragraph (3)—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) for “a nominee's” substitute “ an ”;

• (iii) for “delivered” substitute “ granted ”;

• (d) after paragraph (3) insert—

(3A) In relation to a licence or notice transmitted by electronic communication at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour. (3B) A temporary foreign vessel licence communicated in accordance with regulation 3(1A) is to be treated as granted immediately it is published in accordance with that provision.

;

• (e) in paragraph (5) (in both places), for “delivered” substitute “ granted ”.

• (6) In regulation 5 (time at which licences and notices to have effect), in paragraph (a)—

• (a) after “3(1)” insert “ or (1A) ”;

• (b) for “delivered” substitute “ granted ”.

Sea Fishing (Licences and Notices) (England) Regulations 2012

19

• (1) The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827) are amended as follows.

• (2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute—

(2) These regulations apply in relation to— (a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of relevant fishing boats; (b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Marine Management Organisation; and (c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)— (i) in respect of relevant fishing boats, or (ii) by the Marine Management Organisation in respect of foreign fishing boats.

• (3) In regulation 2 (interpretation)—

• (a) for the definition of “licence” substitute—

“licence” means a licence to which these regulations apply (see regulation 1(2));

;

• (b) in the definition of “nominee”—

• (i) in paragraph (b), for “in a member State and having a place of business” substitute “ , and having a place of business, ”;

• (ii) in the closing words, omit “relevant”;

• (c) for the definition of “notice” substitute—

“notice” means a notice of variation, suspension or revocation of a licence;

;

• (d) for the definition of “relevant fishing boat” substitute—

“relevant fishing boat” means a British fishing boat other than a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Scotland, Wales or Northern Ireland as the port to which the boat is to be treated as belonging;

;

• (e) at the end insert—

“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b); “temporary foreign vessel licence” means a licence that— (a) is granted in respect of a foreign fishing boat, and (b) has effect for a period of no more than three weeks.

• (4) In regulation 3 (communication of licences and notices)—

• (a) in paragraph (1)—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) for the words from “the owner” to the end substitute “ an appropriate recipient (“P”) ”;

• (b) after that paragraph insert—

(1A) In paragraph (1) “an appropriate recipient” means— (a) in relation to a licence or notice relating to a relevant fishing boat— (i) the owner or charterer of the fishing boat, or (ii) a nominee of the owner or charterer; (b) in relation to a licence or a notice, relating to a foreign fishing boat, the owner or charterer of the fishing boat.

;

• (c) in paragraph (2), after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (d) after paragraph (3) insert —

(3A) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by— (a) transmitting it to the relevant person by means of an electronic communication, and (b) subsequently publishing it on the website of the Marine Management Organisation or of a person granting the licence on its behalf. (3B) In paragraph (3A), “the relevant person”, in relation to a foreign fishing boat, means— (a) if the fishing boat is registered in a member State, the European Commission; (b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

;

• (e) omit paragraph (8).

• (5) In regulation 4 (time at which licences are delivered and notice given)—

• (a) in the heading and paragraphs (1), (2), (3) and (4), for “delivered” substitute “ granted ”;

• (b) after paragraph (4) insert—

(4A) In relation to a licence or notice transmitted by means of an electronic communication at any time during January 2021, the reference in paragraph (4) to 24 hours is to be read as a reference to one hour. (4B) A temporary foreign vessel licence communicated as described in regulation 3(3A) is treated as granted immediately it is published in accordance with that provision.

;

• (c) in paragraph (7) (in both places), for “delivered” substitute “ granted ”.

• (6) In regulation 5 (time at which licences and notices have effect), in paragraph (a), for “delivered” substitute “ granted ”.

Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014

20

• (1) The Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 209) are amended as follows.

• (2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute—

(2) These Regulations apply in relation to— (a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Northern Ireland fishing boats; (b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Department; and (c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)— (i) in respect of Northern Ireland fishing boats, or (ii) by the Department in respect of foreign fishing boats.

• (3) In regulation 2 (interpretation)—

• (a) in the definition of “the Department”, for “of Agriculture and Rural Development” substitute “ of Agriculture, Environment and Rural Affairs ”;

• (b) for the definition of “licence” substitute—

“licence” means a licence to which these regulations apply (see regulation 1(2));

;

• (c) in the definition of “nominee”—

• (i) in paragraph (b) for “in a member State of the European Union and having a place of business” substitute “ , and having a place of business, ”;

• (ii) in the closing words, omit “Northern Ireland”;

• (d) for the definition of “Northern Ireland fishing boat” substitute—

“Northern Ireland fishing boat” means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

;

• (e) for the definition of “sea fishing licence” substitute—

“sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b);

;

• (f) after that definition insert—

• “temporary foreign vessel licence” means a licence that—
• is granted in respect of a foreign fishing boat, and
• has effect for a period of no more than three weeks.

• (4) In regulation 3 (manner in which a licence is granted etc)—

• (a) in paragraph (1)—

• (i) after “A licence” insert “ , other than a temporary foreign vessel licence, ”;

• (ii) omit “Northern Ireland”;

• (iii) for the words from “the owner or charterer of the boat” to the end substitute “ an appropriate recipient ”;

• (b) in paragraph (2), after “A licence” insert “ (other than a temporary foreign vessel licence) ”;

• (c) in paragraph (3), for the words from “the owner or charterer of the boat” to the end substitute “ an appropriate recipient ”;

• (d) after paragraph (4) insert—

(4A) In paragraphs (1) to (4), “an appropriate recipient” means— (a) in relation to a licence or notice relating to a Northern Ireland fishing boat— (i) the owner or charterer of the fishing boat, or (ii) a nominee of that owner or charterer; (b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat. (4B) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by delivering it to the relevant person by— (a) transmitting it to the relevant person by means of an electronic communication, and (b) subsequently publishing it on the website of the Department or of a person granting the licence on its behalf. (4C) In paragraph (4B), “the relevant person”, in relation to a foreign fishing boat, means— (a) if the fishing boat is registered in a member State, the European Commission; (b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.

• (5) In regulation 4 (time when licences are delivered and notices given), after paragraph (4) insert—

(4A) In relation to a licence or notice transmitted by means of an electronic communication at any time during January 2021, the reference in paragraph (4) to 24 hours is to be read as a reference to one hour. (4B) A temporary foreign vessel licence delivered as described in regulation 3(4B) is treated as delivered immediately it is published in accordance with that provision.

• (6) In regulation 5 (time when licences, variations, suspensions or revocations have effect), in paragraph (a), after “3(2)” insert “ or (4B) ”.

Sea Fish Licensing (England) Order 2015

21

The Sea Fish Licensing (England) Order 2015 (S.I. 2015/647) is revoked.

Sea Fish Licensing (Wales) Order 2019

22

The Sea Fish Licensing (Wales) Order 2019 (S.I. 2019/507 (W. 117)) (which has not come into force) is revoked.

Sea Fishing (Licences and Notices) (Wales) Regulations 2019

23

The Sea Fishing (Licences and Notices) (Wales) Regulations 2019 (S.I. 2019/500 (W. 116)) (which have not come into force) are revoked.

Sea Fish Licensing (England) (EU Exit) Regulations 2019

24

The Sea Fish Licensing (England) (EU Exit) Regulations 2019 (S.I. 2019/523) (which have not come into force) are revoked.

Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019

25

The Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/87) (which has not come into force) is revoked.

Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019

26

The Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/88) (which have not come into force) are revoked.

Fishing Boats Designation (EU Exit) (Scotland) Order 2019

27

The Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/345) (which has not come into force) is revoked.

PART 3 — Transitional provision

Licences in respect of British fishing boats

28

• (1) Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Scottish fishing boat.

• (2) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Scottish Ministers under section 15.

• (3) Sub-paragraph (4) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Welsh fishing boat.

• (4) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Welsh Ministers under section 15.

• (5) Sub-paragraph (6) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Northern Ireland fishing boat.

• (6) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Northern Ireland department under section 15.

• (7) Sub-paragraph (8) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a British fishing boat that is not a Scottish, Welsh or Northern Ireland fishing boat.

• (8) The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Marine Management Organisation under section 15.

• (9) A licence that is treated by this paragraph as granted under section 15 is to be read subject to the necessary modifications.

Licence conditions

29

• (1) Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967.

• (2) Any condition included in the licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been attached to the licence under paragraph 1 of Schedule 3.

• (3) A condition that is treated by this paragraph as attached to a licence under paragraph 1 of Schedule 3 is to be read subject to any necessary modifications.

Regulations

30

• (1) Regulations made under section 4B of the Sea Fish (Conservation) Act 1967 (regulations supplementary to sections 4 and 4A of that Act) in relation to licences under section 4 of that Act have effect on and after the coming into force of paragraph 6(2) as if they were made under paragraph 7(1) of Schedule 3 to this Act.

• (2) The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) (as amended under Part 2 of this Schedule) has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it were made under paragraph 7(5) of Schedule 3 to this Act.

Continuity of the law

31

• (1) This paragraph applies where any provision of this Act re-enacts (with or without modification) an enactment repealed by Part 2 of this Schedule.

• (2) The repeal and re-enactment does not affect the continuity of the law.

• (3) Anything done (including any subordinate legislation made) or having effect as if done, under or for the purposes of the repealed provision that could have been done under or for the purposes of the corresponding provision of this Act, if in force or effective immediately before the commencement of that corresponding provision, has effect thereafter as if done under or for the purposes of that corresponding provision.

• (4) Any reference (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding repealed provision had effect, a reference to that corresponding provision.

• (5) Any reference (express or implied) in any enactment, instrument or document to a repealed provision shall be construed (so far as the context permits) as respects times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, as being or (according to the context) including a reference to the corresponding provision of this Act.

• (6) This paragraph has effect subject to any specific transitional provision or saving contained in or made under this Act.

• (7) In this paragraph a reference to an enactment being repealed includes its being revoked, or amended so that it no longer applies in any case.

• (8) In this paragraph “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

SCHEDULE 5

1

The Welsh Ministers may by regulations make provision for the sale of—

• (a) rights to use one or more Welsh catch quotas;

• (b) rights to use one or more Welsh effort quotas.

2

A right to use a Welsh catch or effort quota that is sold in accordance with the regulations is exercisable in relation to such fishing boats, by such persons, in such manner, and subject to such conditions, as may be specified in or in accordance with the regulations.

3

The regulations may include provision—

• (a) for rights to be sold by competitive tender or auction;

• (b) for a competitive tender process or auction to be run by such person as the regulations may designate;

• (c) conferring functions (including functions involving the exercise of a discretion) on a person running a competitive tender process or auction, or on any other person;

• (d) specifying persons, or descriptions of person, who are eligible or ineligible to buy rights;

• (e) requiring a person to pay a deposit, or do any other thing, in order to be eligible to buy rights;

• (f) requiring or prohibiting the repayment of a deposit;

• (g) setting, or conferring power to set, limits on the rights that may be bought by a person or description of person;

• (h) requiring or permitting rights to be sold, or not to be sold, to a person who meets such conditions (whether relating to the price offered for the rights or otherwise) as may be specified in or in accordance with the regulations;

• (i) for terminating a competitive tender process or auction where there has been, or appears to the person running the competitive tender process or auction to have been, a failure to comply with the regulations;

• (j) about how and when—

• (i) payments for rights are to be made, and

• (ii) payments received are to be dealt with;

• (k) allowing or requiring rights sold in accordance with the regulations to a person to be transferred to, or be exercised by, another person;

• (l) prohibiting rights sold to a person in accordance with the regulations from being transferred to, or being exercised by, another person;

• (m) for extinguishing or limiting rights sold in accordance with the regulations where any amount due in respect of them is not paid, or any condition attached to the exercise of the rights is not met;

• (n) for the payment of compensation to a person who holds but does not use rights sold in accordance with the regulations;

• (o) about appeals relating to eligibility for, or the outcome of, a tender process or auction;

• (p) requiring a person running a tender process or auction to issue guidance.

4

The Welsh Ministers must exercise their functions so as to secure (so far as possible) that—

• (a) fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and

• (b) conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken,

as a result of the exercise of rights sold in accordance with the regulations.

5

Before making regulations under this Schedule the Welsh Ministers must consult such persons as they think appropriate.

6

Regulations under this Schedule are subject to the affirmative resolution procedure.

7

In this Schedule—

• “Welsh catch quota” means so much of a catch quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats;

• “Welsh effort quota” means so much of an effort quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats.

SCHEDULE 6

Power of the Scottish Ministers

1

• (1) The Scottish Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—

• (a) the conservation, enhancement or restoration of the marine and aquatic environment;

• (b) the promotion or development of commercial fish or aquaculture activities;

• (c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

• (d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

• (e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

• (f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

• (g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

• (h) improving the arrangements for the use of catch quotas or effort quotas;

• (i) the promotion or development of recreational fishing.

• (2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Scottish Ministers.

• (3) The scheme may only provide for financial assistance to be given—

• (a) in relation to Scotland or the Scottish zone, or

• (b) in relation to Scottish fishing boats.

• (4) The scheme may—

• (a) confer functions (including functions involving the exercise of a discretion) on a person;

• (b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

• (c) require the Scottish Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

• (5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

• (a) the recipient of the financial assistance;

• (b) the amount of the financial assistance;

• (c) the purpose for which the financial assistance was given.

• (6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

• (7) The scheme may include provision under which—

• (a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

• (b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

• (8) Regulations under this paragraph are subject to the affirmative resolution procedure.

• (9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—P's spouse or civil partner,a child or grandchild of P or of P's spouse or civil partner, ora parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Power of the Welsh Ministers

2

• (1) The Welsh Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—

• (a) the conservation, enhancement or restoration of the marine and aquatic environment;

• (b) the promotion or development of commercial fish or aquaculture activities;

• (c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

• (d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

• (e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

• (f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

• (g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

• (h) improving the arrangements for the use of catch quotas or effort quotas;

• (i) the promotion or development of recreational fishing.

• (2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Welsh Ministers.

• (3) The scheme may only provide for financial assistance to be given—

• (a) in relation to Wales or the Welsh zone, or

• (b) in relation to Welsh fishing boats.

• (4) The scheme may—

• (a) confer functions (including functions involving the exercise of a discretion) on a person;

• (b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

• (c) require the Welsh Ministers, or another person, to publish specified information about financial assistance given in accordance with the scheme.

• (5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

• (a) the recipient of the financial assistance;

• (b) the amount of the financial assistance;

• (c) the purpose for which the financial assistance was given.

• (6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

• (7) The scheme may include provision under which—

• (a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

• (b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

• (8) Regulations under this paragraph are subject to the affirmative resolution procedure.

• (9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—P's spouse or civil partner,a child or grandchild of P or of P's spouse or civil partner, ora parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Power of the Northern Ireland department

3

• (1) The Northern Ireland department may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—

• (a) the conservation, enhancement or restoration of the marine and aquatic environment;

• (b) the promotion or development of commercial fish or aquaculture activities;

• (c) the reorganisation of businesses involved in commercial fish or aquaculture activities;

• (d) contributing to the expenses of persons involved in commercial fish or aquaculture activities;

• (e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;

• (f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;

• (g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;

• (h) improving the arrangements for the use of catch quotas or effort quotas;

• (i) the promotion or development of recreational fishing.

• (2) Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Northern Ireland department.

• (3) The scheme may only provide for financial assistance to be given—

• (a) in relation to Northern Ireland or the Northern Ireland zone, or

• (b) in relation to Northern Ireland fishing boats.

• (4) The scheme may—

• (a) confer functions (including functions involving the exercise of a discretion) on a person;

• (b) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

• (c) require the Northern Ireland department, or another person, to publish specified information about financial assistance given in accordance with the scheme.

• (5) In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—

• (a) the recipient of the financial assistance;

• (b) the amount of the financial assistance;

• (c) the purpose for which the financial assistance was given.

• (6) The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).

• (7) The scheme may include provision under which—

• (a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

• (b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

• (8) Regulations under this paragraph are subject to the affirmative resolution procedure.

• (9) In this paragraph—

• “family member”, in relation to an individual (“P”), means—P's spouse or civil partner,a child or grandchild of P or of P's spouse or civil partner, ora parent or grandparent of P or of P's spouse or civil partner;

• “financial assistance” means grants or loans.

Financial assistance: consequential amendments

4

• (1) In the Fisheries Act 1981—

• (a) omit Part 2 (financial assistance for sea fish industry);

• (b) omit section 31 (financial assistance for fish farming).

• (2) In consequence of the repeals made by sub-paragraph (1)—

• (a) in the Fisheries Act 1981—

• (i) in section 41, omit “or schemes”, and in the heading omit “and schemes”;

• (ii) in section 42, omit “, II or IV”;

• (iii) in section 43(1), omit paragraph (c);

• (b) in the Government of Wales Act 2006, in Schedule 3A, omit paragraph 2(2)(d);

• (c) in the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592), in Schedule 1, omit the entries for sections 15 and 16 of the Fisheries Act 1981;

• (d) in the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (S.I. 1999/1820), in Schedule 2, in paragraph 68—

• (i) in sub-paragraph (1), omit “Part II of”;

• (ii) omit sub-paragraphs (2) to (4) and (6);

• (e) in the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790), in Schedule 2, omit paragraph 2.

Transitional provision

5

• (1) The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under section 33—

• (a) the Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) Scheme 2012 (S.I. 2012/1375);

• (b) the Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) (Amendment) Scheme 2014 (S.I. 2014/3363).

• (2) The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under paragraph 1—

• (a) the Fishing Vessels (Decommissioning) (Scotland) Scheme 2001 (S.S.I. 2001/332);

• (b) the Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 (S.S.I. 2003/87);

• (c) the Sea Fishing (Transitional Support) (Scotland) (No 2) Scheme 2003 (S.S.I. 2003/116);

• (d) the Fishing Vessels (Satellite - tracking Devices) (Scotland) Scheme 2004 (S.S.I. 2004/379);

• (e) the Fishing Boats (EU Electronic Reporting) (Scotland) Scheme 2010 (S.S.I. 2010/374);

• (f) the Fishing Boats (Satellite-tracking Devices) (Scotland) Scheme 2012 (S.S.I. 2012/264).

• (3) The Fishing Boats (Satellite - Tracking Devices and Electronic Transmission of Fishing Activities Data) (Wales) Scheme 2012 (S.I. 2012/3172 (W.318)) (made under section 15 of the Fisheries Act 1981) has effect as if contained in regulations made under paragraph 2.

• (4) The schemes mentioned in sub-paragraphs (1) to (3) have effect as if any reference in them to an offence under section 17 of the Fisheries Act 1981 were to conduct that would have constituted an offence under that section had Part 2 of that Act not been repealed.

• (5) The following schemes were made under Part 2 of the Fisheries Act 1981 or section 31 of that Act, are not saved by virtue of sub-paragraphs (1) to (3), and are therefore revoked by virtue of paragraph 4(1)—

• (a) the Fishing Vessels (Safety Improvements) (Grants) Scheme 1995 (S.I. 1995/1609);

• (b) the Fishing Vessels and Fish Farming (Miscellaneous Revocations) (Scotland) Scheme 2017 (S.S.I. 2017/448).

SCHEDULE 7

Power of Scottish Ministers

1

• (1) The Scottish Ministers may by regulations make provision for the Scottish Ministers to impose charges in respect of the exercise by them of a relevant marine function.

• (2) “Relevant marine function” means a function relating to—

• (a) fishing quotas;

• (b) ensuring that commercial fish activities are carried out lawfully;

• (c) the registration of buyers and sellers of first-sale fish;

• (d) catch certificates for the import and export of fish.

• (3) The charges which may be authorised by the regulations are—

• (a) a charge on a person in respect of the exercise of a function in relation to that person, or

• (b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

• (4) The regulations may include provision about—

• (a) who is liable to pay a charge;

• (b) the circumstances in which a charge is payable;

• (c) the amount of a charge (including how an amount is to be calculated);

• (d) reductions and exemptions;

• (e) waivers;

• (f) how and when a charge is to be paid;

• (g) the collection and recovery of payments;

• (h) interest payable on outstanding payments;

• (i) the resolution of disputes (including appeals).

• (5) The regulations may confer a discretion on the Scottish Ministers.

• (6) A power conferred on the Scottish Ministers under this paragraph does not affect, and is not affected by, any other power of the Scottish Ministers to impose charges.

• (7) Before making regulations under this paragraph the Scottish Ministers must consult such persons as they consider appropriate.

• (8) Regulations under this paragraph are subject to the negative resolution procedure.

• (9) In this paragraph—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—a catch quota or an effort quota, orany other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

Power of Welsh Ministers

2

• (1) The Welsh Ministers may by regulations make provision for the Welsh Ministers to impose charges in respect of the exercise by them of a relevant marine function.

• (2) “Relevant marine function” means a function relating to—

• (a) fishing quotas;

• (b) ensuring that commercial fish activities are carried out lawfully;

• (c) the registration of buyers and sellers of first-sale fish;

• (d) catch certificates for the import and export of fish.

• (3) The charges which may be authorised by the regulations are—

• (a) a charge on a person in respect of the exercise of a function in relation to that person, or

• (b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

• (4) The regulations may include provision about—

• (a) who is liable to pay a charge;

• (b) the circumstances in which a charge is payable;

• (c) the amount of a charge (including how an amount is to be calculated);

• (d) reductions and exemptions;

• (e) waivers;

• (f) how and when a charge is to be paid;

• (g) the collection and recovery of payments;

• (h) interest payable on outstanding payments;

• (i) the resolution of disputes (including appeals).

• (5) The regulations may confer a discretion on the Welsh Ministers.

• (6) A power conferred on the Welsh Ministers under this paragraph does not affect, and is not affected by, any other power of the Welsh Ministers to impose charges.

• (7) Before making regulations under this paragraph the Welsh Ministers must consult such persons as they consider appropriate.

• (8) Regulations under this paragraph are subject to the negative resolution procedure.

• (9) In this paragraph—

• “first-sale fish” means fish which is marketed for the first time;

• “fishing quota” means—a catch quota or an effort quota, orany other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.

Power of Northern Ireland department

3

• (1) The Northern Ireland department may by regulations make provision for it to impose charges in respect of the exercise by it of a relevant marine function.

• (2) “Relevant marine function” means a function relating to—

• (a) fishing quotas;

• (b) ensuring that commercial fish activities are carried out lawfully;

• (c) the registration of buyers and sellers of first-sale fish;

• (d) catch certificates for the import and export of fish.

• (3) The charges which may be authorised by the regulations are—

• (a) a charge on a person in respect of the exercise of a function in relation to that person, or

• (b) periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.

• (4) The regulations may include provision about—

• (a) who is liable to pay a charge;

• (b) the circumstances in which a charge is payable;

• (c) the amount of a charge (including how an amount is to be calculated);

• (d) reductions and exemptions;

• (e) waivers;

• (f) how and when a charge is to be paid;

• (g) the collection and recovery of payments;

• (h) interest payable on outstanding payments;

• (i) the resolution of disputes (including appeals).

• (5) The regulations may confer a discretion on the Northern Ireland department.

• (6) A power conferred on the Northern Ireland department under sub-paragraph (1) does not affect, and is not affected by, any other power of it to impose charges.