The Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018

Made: 25th October 2018

Coming into operation-: 1st December 2018

The Department of Agriculture, Environment and Rural Affairs makes the following Order in exercise of powers conferred by section 127(1) and (3A) of the Fisheries Act (Northern Ireland) 1966[^f00004], section 2(2) of the European Communities Act 1972 and section 30(2) of the Fisheries Act 1981[^f00005].

Citation and commencement

1

This Order may be cited as the Sea Fishing (Miscellaneous Amendments and Revocations) Order (Northern Ireland) 2018 and shall come into operation on 1 December 2018.

Amendment to secondary legislation

2

Schedule 1 shall have effect.

Revocations

3

The Orders in Schedule 2 are revoked insofar as they relate to Northern Ireland.

4

The Regulations in Schedule 3 are revoked.

SCHEDULE 1

Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000

1

In Article 2(1) (Interpretation) of The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000[^f00006] after the definition of “the Act” insert—

• “British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995[^f00007] or is owned by persons qualified to own British ships for the purposes of that part of the Act;
• “foreign fishing boat” means a fishing boat which is not a British fishing boat; and

The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005

2

In regulations 14(3) of The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005[^f00008] for “justice of the peace” and “justice” substitute “lay magistrate”.

SCHEDULE 2 — Revocations

SCHEDULE 3 — Revocations

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 25 October 2018.

Dr John Speers — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes minor amendments to a number of statutory rules and revokes a number of other statutory instruments,

Article 2 and Schedule 1 provide for a number of minor amendments which correct a drafting omission and some definitions.

Article 3 and Schedule 2 revoke 13 statutory instruments insofar as they extend to Northern Ireland.

Article 4 and Schedule 3 revoke 3 statutory rules in their entirety.

Footnotes

[^f00001]: The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36). The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1)). The Department of Agriculture and Rural Development was renamed the Department of Agriculture, Environment and Rural Affairs by section 1(2) of the Departments Act (Northern Ireland) 2016 (c.5) (N.I.).

[^f00002]: S.I. 2000/2812 and S.I. 2008/301

[^f00003]: 1972 c.68.

[^f00004]: 1966 c.17

[^f00005]: 1981 c.29

[^f00006]: S.R. 2000 No. 200

[^f00007]: 1995 c.21

[^f00008]: S.R. 2005 No. 419 as amended by S.R. 2016 No. 120