The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2005

Made: 19th September 2005

Laid before Parliament: 22nd September 2005

Coming into force: 21st October 2005

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Title and commencement

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Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 2000

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Signed

Bach — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 9th September 2005

Rooker — Minister of State for Northern Ireland — Department of Agriculture and Rural Development — 19th September 2005

Explanatory note

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Footnotes

[^f00001]: 1981 c. 29. See section 30(3) for the definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers”, as modified by Schedule 2, paragraph 68(5) of the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820)

[^f00002]: Article 3(1) of and Schedule 1 to the Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) provide for the functions exercisable under section 30(2) of the 1981 Act to be exercised by the Ministers, concurrently with Scottish Ministers, in relation to: British fishing boats (other than Scottish ones) within the Scottish zone; and Scottish fishing boats within British fishery limits but outside the Scottish zone. 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 section 30(2) of the 1981 Act were transferred to the National Assembly in so far as exercisable in relation to Wales (defined in section 155(1) of the Government of Wales Act 1998 (c. 38) as including “the sea adjacent to Wales out as far as the seaward boundary of the territorial sea”); in respect of waters beyond Wales these functions remain exercisable by the Ministers. By virtue of article 2(1) of the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812) any remaining functions of the Secretaries of State for Scotland and Wales under section 30(2) of the 1981 Act were transferred to the Minister of Agriculture, Fisheries and Food. The functions of the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly were transferred to the Secretary of State for Environment, Food and Rural Affairs and the one or more Secretaries of State acting jointly by virtue of article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790) Schedule 2, paragraph 3 provides that the function in section 30(2) of the 1981 Act is to be exercised concurrently by the Department for Agriculture and Rural Development insofar as it relates to sea fishing within the Northern Ireland zone and to Northern Ireland fishing boats outside that zone.

[^f00003]: S.I. 2000/51; as amended relevant to this Order by S.I. 2005/393.

[^f00004]: OJ No. L261, 20.10.93, p.1.

[^f00005]: OJ No, L301, 14.12.95, p.1.

[^f00006]: OJ No. L301, 14.12.95, p.35.

[^f00007]: OJ No. L338, 28.12.96, p.12.

[^f00008]: OJ No. L102, 19.4.97, p1.

[^f00009]: OJ No. L304, 7.11.97, p.1.

[^f00010]: OJ No. L356, 31.12.97, p.14.

[^f00011]: OJ No. L358, 31.12.98, p.5.

[^f00012]: OJ No. L289, 7.11.2003, p.1.

[^f00013]: OJ No. L113, 30.4.97, p.1.

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Editorial notes

[^key-0707bbb265097b383d1ed685328b2c76]: Order revoked (E.W.) (6.3.2015) by The Sea Fishing (Enforcement and Miscellaneous Provisions) Order 2015 (S.I. 2015/191), art. 1(1), Sch. and revoked (N.I.) (1.12.2018) by The Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 (S.R. 2018/185), art. 1, Sch. 2 (with art. 3)