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Fisheries Act 2020

Type Public General Act

Publication 2020-11-23

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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.

;

(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 ”;

(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;

(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, ”;

(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 ”;

(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”;

“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.

;

(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.

;

(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));

;

(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;

(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;

(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;

(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;

(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;

(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;

(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);

(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;

(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;

(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;

(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;

(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;

(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;

(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.

(7) Before making regulations under sub-paragraph (1) the Northern Ireland department must consult such persons as it considers appropriate.

(8) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.

(9) In sub-paragraphs (1) to (8)—

“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.

SCHEDULE 8

PART 1 — Scottish Ministers

Power to make provision about fisheries, aquaculture etc

1

(1) The Scottish Ministers may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Scottish Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 1: interpretation

2

(1) In paragraph 1 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

3

(1) The Scottish Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Scottish Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 1 or 3

4

(1) Regulations under paragraph 1 or 3 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 1 or 3 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 1 or 3 may only include provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(4) Regulations under paragraph 1 or 3 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(6) The power to make regulations under paragraph 1 or 3 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

5

(1) Before making regulations under paragraph 1 or 3 the Scottish Ministers must consult—

(a) the Secretary of State,

(b) the Welsh Ministers,

(d) such other persons likely to be affected by the regulations as the Scottish Ministers consider appropriate.

(2) Regulations under paragraph 1 or 3 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 1 or 3 are subject to the negative resolution procedure.

PART 2 — Welsh Ministers

Power to make provision about fisheries, aquaculture etc

6

(1) The Welsh Ministers may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Welsh Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 6: interpretation

7

(1) In paragraph 6 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

8

(1) The Welsh Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Welsh Ministers consider may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 6 or 8

9

(1) Regulations under paragraph 6 or 8 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 6 or 8 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 6 or 8 may only include—

(a) provision which would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru, or

(b) provision extending to England and Wales so far as it relates to the regulation of sea fishing by Welsh fishing boats outside the Welsh zone.

(4) Provision which does not fall within sub-paragraph (3)(a), but which would do so but for a requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006, may be included in regulations under paragraph 6 or 8 with the consent of the Secretary of State.

(5) Regulations under paragraph 6 or 8 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(6) The reference in sub-paragraph (5) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(7) A power to make regulations under paragraph 6 or 8 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments).

(8) In sub-paragraph (7) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

10

(1) Before making regulations under paragraph 6 or 8 the Welsh Ministers must consult—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) such other persons likely to be affected by the regulations as the Welsh Ministers consider appropriate.

(2) Regulations under paragraph 6 or 8 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2) regulations under paragraph 6 or 8 are subject to the negative resolution procedure.

PART 3 — The Northern Ireland department

Power to make provision about fisheries, aquaculture etc

11

(1) The Northern Ireland department may by regulations make provision—

(a) for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

(b) for a conservation purpose (see sub-paragraph (2)), or

(2) “A conservation purpose” means any of the following—

(a) the purpose of conserving, improving or developing marine stocks;

(b) the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

(3) “A fish industry purpose” means any of the following—

(a) the purpose of promoting or developing commercial fish or aquaculture activities;

(b) the purpose of improving the traceability of fishery products;

(4) Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

(a) the quantity of sea fish that may be caught;

(b) the amount of time that fishing boats may spend at sea;

(d) bycatch;

(e) catching, landing or selling sea fish that are below a certain size;

(f) setting and enforcing targets relating to marine stocks;

(g) the design of sea fishing equipment;

(h) the use of sea fishing equipment;

(i) the retrieval of lost or discarded sea fishing equipment;

(j) methods of sea fishing;

(k) the processing of sea fish;

(l) the use to which the Northern Ireland department may put information obtained in the exercise of its functions relating to fisheries or aquaculture;

(m) the functions, objectives or regulation of producer organisations or inter-branch organisations;

(n) the marketing of fishery products (including labelling);

(o) keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

(i) commercial fish or aquaculture activities, or

(ii) monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

(p) the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

(q) monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

(5) In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

(a) by, or pursuant to, a regional fisheries management agreement, or

(b) by a regional fisheries management organisation.

(6) Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

(a) different descriptions of sea fish or other animal,

(b) different descriptions of fishing boat, or

Paragraph 11: interpretation

12

(1) In paragraph 11 and this paragraph—

“regional fisheries management agreement” means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of—straddling stocks,stocks of highly migratory species, orany other marine stocks;

“regional fisheries management organisation” means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;

“sea fishing equipment” means—fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), orequipment used to monitor sea fishing;

“traceability”, in relation to fishery products, means the ability of any person to discover information about how, where or when the fishery products were—caught, harvested or made, ortransported, stored or sold.

(2) In the definition of “regional fisheries management agreement” in sub-paragraph (1)—

(a) “the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);

(b) “straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;

(3) For the purposes of paragraph 11, an aquatic organism is a member of an “alien species” if—

(a) it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,

(b) it is a polyploid organism, or

(4) For the purposes of paragraph 11, an aquatic organism is a member of a “locally absent species” if it is located—

(a) within the known natural range of the species or subspecies of which it is a member, and

(b) in an area in which that species or subspecies is absent (in a wild state).

Power to make provision about aquatic animal diseases

13

(1) The Northern Ireland department may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.

(2) Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—

(a) fish or other aquatic animals;

(b) products derived from fish or other aquatic animals;

(c) any other thing that the Northern Ireland department considers may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.

Scope of regulations under paragraph 11 or 13

14

(1) Regulations under paragraph 11 or 13 may—

(a) confer a function, including a function involving the exercise of a discretion, on any person, or

(b) impose fees.

(2) Regulations under paragraph 11 or 13 may create a criminal offence, but not one punishable with imprisonment.

(3) Regulations under paragraph 11 or 13 may only include provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly.

(4) Regulations under paragraph 11 or 13 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).

(5) The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes—

(a) abolishing the function;

(b) changing the purpose or objective for which the function is exercised;

(6) A power to make regulations under paragraph 11 or 13 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule and section 52 so far as it applies for the purposes of those enactments).

(7) In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Procedural requirements

15

(1) Before making regulations under paragraph 11 or 13 the Northern Ireland department must consult—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) such other persons likely to be affected by the regulations as the Northern Ireland department considers appropriate.

(2) Regulations under paragraph 11 or 13 are subject to the affirmative resolution procedure if they contain provision—

(a) amending or repealing primary legislation;

(b) imposing fees;

(d) conferring functions on, modifying functions of, or otherwise relating to the regulation of—

(i) a producer organisation in the United Kingdom, or

(ii) an inter-branch organisation in the United Kingdom.

(3) Subject to sub-paragraph (2), regulations under paragraph 11 or 13 are subject to the negative resolution procedure.

SCHEDULE 9

PART 1 — Amendments of the Conservation of Seals Act 1970

1

The Conservation of Seals Act 1970 is amended in accordance with paragraphs 2 to 12.

2

For section 1 (prohibited methods of killing seals) substitute—

(1) A person commits an offence if the person intentionally or recklessly kills, injures or takes a seal.

3

Omit section 2 (close seasons for seals).

4

Omit section 3 (orders prohibiting killing seals).

5

In section 4 (apprehension of offenders and powers of search and seizure), in subsection (1), in paragraph (c) for “seal, seal skin, firearm, ammunition or poisonous” substitute “ seal, item or ”.

6

In section 6 (forfeitures), for the words from “any seal or seal” to the end substitute—

(a) any seal or seal skin in respect of which the offence was committed; (b) any item (but not a vehicle or boat) or substance used in connection with the commission of the offence; (c) any seal, seal skin, poisonous or explosive substance, explosive article, firearm or ammunition, in the person's possession at the time of the offence.

7

In section 8 (attempt to commit offence), in subsection (2)—

(a) after “poisonous” insert “ or explosive ”;

(b) after “substance” insert “ , any explosive article ”;

8

In section 9 (general exceptions)—

(a) in subsection (1)—

(i) for “2 or 3” substitute “ 1 ”;

(ii) in paragraph (a), omit “otherwise than by his act”;

(iii) omit paragraphs (b) and (c);

(b) in subsection (2)—

(i) omit “, 2 or 3”;

(ii) omit “otherwise than by his act”.

9

In section 10 (power to grant licences)—

(a) in subsection (1), in paragraph (c)—

(i) omit sub-paragraphs (i) and (iii) (but not the “or” after paragraph (iii));

(ii) after sub-paragraph (ii) insert—

(iia) the protection of animal or human health or public safety,

;

(b) after subsection (1) insert—

(1A) Nothing in subsection (1) is to be read as authorising the grant of a licence for the purpose of the protection, promotion or development of commercial fish or aquaculture activities within the meaning of the Fisheries Act 2020 (see section 52 of that Act).

10

In section 11 (entry upon land)—

(a) in subsection (1), omit paragraph (b);

(b) in subsection (2), omit paragraph (d);

(i) omit the words from “, or in the” to “28 days' notice,”;

(ii) omit the words from “; and in the case” to the end;

(d) omit subsection (5).

11

Omit section 14 (orders).

12

In section 15 (interpretation), at the appropriate places insert—

“explosive article” means an article (for example, a bomb or a firework) containing one or more explosive substances;

;

“explosive substance” means a substance or preparation, not including a substance or preparation in a solely gaseous form or in the form of vapour, which is — (a) capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings; or (b) designed to produce an effect by heat, light, sound, gas or smoke, or a combination of these as a result of a non-detonative, self-sustaining, exothermic chemical reaction;

;

“preparation” means a mixture of two or more substances or a solution of any substance or substances;

PART 2 — Amendments of the Wildlife (Northern Ireland) Order 1985

13

The Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) is amended in accordance with paragraphs 14 to 19.

14

In Article 10 (protection of certain wild animals), in paragraph (4A), for paragraphs (a) and (b) substitute—

(a) a seal (pinniped), or

15

In Article 11 (exceptions to Article 10)—

(a) after paragraph (1) insert—

(1A) Article 5(5) (as it applies to Article 10 by virtue of paragraph (1)) applies in relation to seals (pinnipedia) as if— (a) in sub-paragraphs (a) and (b) the words “otherwise than by his unlawful act” were omitted, and (b) sub-paragraph (c) were omitted.

;

(b) after paragraph (3) insert—

(3A) Paragraph (3) applies in relation to seals (pinnipedia) as if “or to fisheries” were omitted.

16

In Article 18 (power to grant licences), after paragraph (3) insert—

(3ZA) But a licence may not be granted under paragraph (3) that permits the killing, injuring or taking of seals (pinnipedia) for the purpose of preventing damage to fisheries.

17

In Schedule 5 (animals which are protected at all times), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

18

In Schedule 6 (animals which may not be killed or taken by certain methods), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

19

In Schedule 7 (animals which may not be sold alive or dead at any time), in the table, for the entries for “Seal, common” and “Seal, grey” substitute—

Seal	Pinniped

SCHEDULE 10

PART 1 — General powers and duties of the Marine Management Organisation

1

The Marine and Coastal Access Act 2009 is amended as follows.

2

(1) Section 24 (research) is amended as follows.

(2) After subsection (2) insert—

(2A) The MMO must, at the request of the Secretary of State— (a) undertake research into any international marine matter, or (b) commission or support (by financial means or otherwise) research into any such matter; and may, in complying with such a request, undertake, commission or support research with other bodies or persons. (2B) The MMO must, at the request of the Secretary of State, make the results of any research under subsection (2A) available to any person.

(3) In subsection (3), after “Subsection (2)” insert “ or (2A) ”.

(4) After subsection (3) insert—

(4) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (1)(a) to undertake research into a corresponding matter that relates to the UK marine area or an area within it. (5) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15). (6) References in this section to a person include a person outside the United Kingdom.

3

(1) Section 25 (advice, assistance and training facilities) is amended as follows.

(2) After subsection (3) insert—

(3A) The MMO must, at the request of the Secretary of State, provide advice to any person (including a person outside the United Kingdom) on any international marine matter that is within its knowledge or experience.

(3) After subsection (4) insert—

(5) The MMO must, at the request of the Secretary of State, provide any person outside the United Kingdom with— (a) assistance, or (b) the use of training facilities, as respects any matter of which the MMO has knowledge or experience. (6) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (3)(a) (on request) to provide advice on a corresponding matter that relates to the UK marine area or an area within it. (7) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).

4

(1) Section 26 (provision of information etc) is amended as follows.

(2) After subsection (1) insert—

(1A) The MMO must, at the request of the Secretary of State— (a) publish documents or provide information about any international marine matter, or (b) assist in the publication of such documents or the provision of such information.

(3) In subsection (2), at the end insert “ or the duty imposed by subsection (1A) ”.

(4) After subsection (2) insert—

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