The Sea Fish Licensing (England) Order 2015

Made: 9th March 2015

Laid before Parliament: 13th March 2015

Coming into force: 1st July 2015

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Title, commencement, extent and application

1

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Interpretation

2

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Prohibition on fishing without a licence and exceptions

3

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Revocations

4

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Review

5

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SCHEDULE — Revocations

Signed

George Eustice — Parliamentary Under Secretary of State — 2015-03-09

Explanatory note

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Footnotes

[^f00001]: 1967 c.84 (“the 1967 Act”). Section 4 was substituted by the Fishery Limits Act 1976 (c.86), section 3, and amended by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section 20; the Sea Fish (Conservation) Act 1992 (c.60), section 1; the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) (“the 1999 Order”), article 4, Schedule 2 Part 1, paragraphs 43(1), (2)(b) and (5); the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), section 41 and paragraph 3(a) of the Schedule; and the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), sections 4(6), 196(1) and 197. Section 22(2)(a) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of section 4, was amended by the 1981 Act, sections 19(2)(d) and 45(b). Section 15(3) was substituted by the Sea Fisheries Act 1968 (c.77), section 22(1), Schedule 1, Part 2, paragraph 38(1) and (3), and amended by the Fishery Limits Act 1976, section 9(1), Schedule 2, paragraph 16(1), and the 1999 Order, article 4, Schedule 2, Part 1, paragraph 43(1) and (2)(b).

[^f00002]: 1978 c.30. Section 14A was inserted by section 59(1) and (2) of the Enterprise and Regulatory Reform Act 2013 (c.24).

[^f00003]: 1998 c.46.

[^f00004]: The functions under sections 4, 15(3) and 20(1) of the 1967 Act in relation to Wales were transferred to the National Assembly for Wales and then transferred from that body to the Welsh Ministers: see article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). The functions under sections 4, 15(3) and 20(1) in relation to the Welsh zone 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). The functions under sections 4, 15(3) and 20(1) in relation to Scotland were transferred to the Scottish Ministers under section 53(1) of the Scotland Act 1998 (c.46), and section 22A of the 1967 Act (inserted by the 1999 Order) modifies references in sections 4 and 15(3) accordingly. The functions under sections 4(1) and 15(3) in relation to Northern Ireland were transferred to the Department of Agriculture and Rural Development in Northern Ireland under article 3(1) of, and paragraph 3(1)(c) and (m) of Schedule 1 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790). Any remaining functions in relation to England of the Secretaries of State concerned with sea fishing in Scotland and Wales under sections 4, 15(3) and 20(1) of the 1967 Act were transferred to the Minister of Agriculture, Fisheries and Food: see article 2(1) of, and the Schedule to, the Transfer of Functions (Agriculture and Fisheries) Order 2000 (S.I. 2000/1812). The function of that Minister and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly under section 4 of the 1967 Act was transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland acting jointly: see article 2(5) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). Functions which were exercisable by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State concerned with sea fishing in Northern Ireland have been transferred to the Secretary of State: see article 3(1)(a) of the Transfer of Functions (Sea Fisheries) Order 2012 (S.I. 2012/2747).

[^f00005]: S.I. 2014/1353.

[^f00006]: OJ No. L 274, 25.9.1986, p.1.

[^f00007]: 1995 c.21.

[^f00008]: The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009 (c.23) (‘the 2009 Act’). The Secretary of State’s function of granting licences under section 4 of the Sea Fish (Conservation) Act 1967 was transferred to the Marine Management Organisation by section 4 of the 2009 Act.

[^f00009]: OJ No. L 343, 22.12.2009, p.1.

[^f00010]: Varied by S.I. 1993/188 and 2291 and amended by S.I. 1999/1820.

[^f00011]: OJ No. L 343, 22.12.2009, p.1.

Editorial notes

[^key-74c22496311bdce1e8d81fa8d9e8009b]: Order revoked (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 21 (with s. 50, Sch. 4 para. 31)

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