Regulation 3 The Fisheries Act 1981

(1)

The Fisheries Act 1981^f1 is amended as follows.

(2)

In section 2—

(a)

in subsection (1), omit “Subject to subsection (2A) below”;

(b)

omit subsection (2A);

(c)

in subsection (3), for “subsections (1) and (2A)” substitute “subsection (1)”.

(3)

In section 14(2), in the words before paragraph (a), for “sections 2(2A) and 3(5)” substitute “section 3(5)”.

(4)

In section 30, insofar as it extends to England and Wales and Scotland—

(a)

in the heading, for “Community rules” substitute “rules relating to sea fishing”;

(b)

in subsection (1), in the words before paragraph (a), for “enforceable Community restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;

(c)

in subsection (2), for “enforceable Community restriction or other” substitute “retained EU restriction or retained EU”;

(d)

in subsection (3), for the definition of “enforceable Community restriction” and “enforceable EU obligation” substitute—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before exit day, and

(b)

forms part of retained EU law,

as modified from time to time;”.

(5)

In section 30, insofar as it extends to Northern Ireland—

(a)

in the heading, for “EU rules” substitute “rules relating to sea fishing”;

(b)

in subsection (1), in the words before paragraph (a), for “enforceable EU restrictions, and enforceable EU obligations,” substitute “retained EU restrictions and retained EU obligations”;

(c)

in subsection (2), for “enforceable EU restriction or other” substitute “retained EU restriction or retained EU”;

(d)

in subsection (3), for the definition of “enforceable EU restriction” and “enforceable EU obligation” substitute—

““retained EU restriction” means a restriction that—

(a)

was created or arose by or under the EU Treaties before exit day, and

(b)

forms part of retained EU law,

as modified from time to time;”.

(6)

Omit section 31(3).

Annotations

Footnotes

f1: 1981 c. 29. Section 2(1) and (3) was amended by S.I. 1989/1190. Section 2(2A) was inserted by S.I. 1989/1190. Section 14(2) was amended by S.I. 1989/1190. In section 30(1), the words before paragraph (a) were amended in relation to England and Wales by the Marine and Coastal Access Act 2009 (c. 23), section 293(2)(a) and in relation to Scotland by the Aquaculture and Fisheries (Scotland) Act 2007 (asp 12), section 33(a); the definition of “enforceable Community restriction” and “enforceable EU obligation” in section 30(3) was amended by S.I. 2011/1043. Section 30 was amended in relation to Northern Ireland by the Fisheries Act (Northern Ireland) 2016 (c. 27). Section 31(3) was amended by S.I. 2011/1043.