Sea Fisheries (Northern Ireland) Order 2002
Draft 2002, ISBN 0110392442
Draft order laid before Parliament under section 6(5) and 86(6) of the Northern Ireland Act 1998 for approval by resolution of each House of Parliament.
NORTHERN IRELAND
SEA FISHERIES
Made 2002
Coming into force in accordance with Article 1(2)
At the Court at…, the … day of … 2002
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament in accordance with sections 6(5) and 86(6) of the Northern Ireland Act 1998f1:
Now, therefore, Her Majesty, in exercise of the powers conferred by sections 6(4) and 86(1), (3), (4) and (5) of the Northern Ireland Act 1998 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Interpretation
- 3Modification and transfer of functions
- 4Transfer of property, rights and liabilities
- 5Transfers: supplementary and consequential
- 6The Northern Ireland zone
- 7Further amendments relating to sea fisheries
- 8Repeals
- Signature
- Schedule 1: FUNCTIONS UNDER THE SEA FISH (CONSERVATION) ACT 1967
- 1Interpretation
- 2Modification of order-making functions
- 3Transfer of functions to the Department of Agriculture and Rural Development
- 4Orders and regulations
- Schedule 2: FUNCTIONS UNDER THE FISHERIES ACT 1981
- 1Modification of the Fisheries Act 1981
- 2Functions under Part II of the Fisheries Act 1981 (schemes of financial assistance)
- 3Function under section 30 of the Fisheries Act 1981 (enforcement of Community rules)
- Schedule 3: FUNCTIONS UNDER OTHER ENACTMENTS RELATING TO SEA FISHERIES
- 1Sea Fish Industry Act 1962
- 2Sea Fisheries Act 1968
- 3Sea Fisheries Act 1968
- 4Fishery Limits Act 1976
- 5British Fishing Boats Act 1983
- 6British Fishing Boats Act 1983
- 7British Fishing Boats Act 1983
- Schedule 4REPEALS
- Explanatory note
1Citation and commencement
This Order may be cited as the Sea Fisheries (Northern Ireland) Order 2002.
This Order shall come into force on the second day after the day on which it is made.
2Interpretation
In this Order—
-
“the 1998 Act” means the Northern Ireland Act 1998;
-
“the Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;
-
“the transferor” means, in relation to anything transferred by this Order, the Minister or Ministers from whom it is transferred.
Any reference in this Order to a Northern Ireland fishing boat is to a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995f1 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging.
Any reference in this Order to a function of a Minister of the Crown under any enactment includes a reference to the functions of that Minister under any scheme, regulations, Order in Council, order, bye-laws or similar instrument having effect under or in relation to that enactment.
3Modification and transfer of functions
Schedule 1, which makes provision about functions under the Sea Fish (Conservation) Act 1967f1, shall have effect.
Schedule 2, which makes provision about functions under the Fisheries Act 1981f2, shall have effect.
Schedule 3, which makes provision about functions under other enactments relating to sea fisheries, shall have effect.
4Transfer of property, rights and liabilities
All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the Department of Agriculture and Rural Development.
5Transfers: supplementary and consequential
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Department of Agriculture and Rural Development.
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred to the Department of Agriculture and Rural Development by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the Department of Agriculture and Rural Development in so far as that is required for continuing its effect after the coming into force of this Order.
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to, or (as the context may require) to officers of, the Department of Agriculture and Rural Development.
In this Article “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
6The Northern Ireland zone
In section 16(1)(f) of the Fisheries Act (Northern Ireland) 1966f1 (definition of boundary of Londonderry area) for “waters within British fishery limits which are adjacent to Northern Ireland” substitute “the Northern Ireland zone”.
In section 124(1) of that Actf2 (sea-fishing regulations) for “waters within British fishery limits which are adjacent to Northern Ireland” substitute “the Northern Ireland zone”.
In section 206 of that Actf3 (interpretation)—
in subsection (1), after the definition of “net” insert—
““Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998f4;”;
in that subsection, in the definition of “waters” for “consisting of waters within British fishery limits which are adjacent to Northern Ireland” substitute “within the Northern Ireland zone”;
in that subsection, omit the definition of “waters within British fishery limits which are adjacent to Northern Ireland”; and
in subsection (3) for “waters within British fishery limits which are adjacent to Northern Ireland” substitute “the Northern Ireland zone”.
In section 40 of the Fisheries Act 1981f5 (fishery protection in waters adjacent to Northern Ireland) for the words from “waters” to the end substitute “the Northern Ireland zone within the meaning of the Northern Ireland Act 1998”.
7Further amendments relating to sea fisheries
In section 64 of the Sea Fisheries Act 1868f1 (application of penalties) at the end insert “or, in relation to Northern Ireland, shall be paid into the Consolidated Fund of Northern Ireland”.
Nothing in section 14(1) and 42 of the Sea Fish Industry Act 1970f2 (restrictions on disclosure of information) shall prohibit the disclosure of any information to the Department of Agriculture and Rural Development.
In section 12(2) of the Fisheries Act 1981 (restriction on disclosure of information), after paragraph (b) insert—
“, or
(c)to the Department of Agriculture and Rural Development for the purposes of any of its functions relating to the sea fish industry in Northern Ireland or to the regulation of sea fishing;”.
In section 43 of that Act (financial provision), at the end add—
“(3)Any sums received by the Department of Agriculture and Rural Development under this Act shall be paid into the Consolidated Fund of Northern Ireland.”
8Repeals
The statutory provisions specified in Schedule 4 are hereby repealed to the extent specified in that Schedule.
Signature
Clerk of the Privy Council
1Interpretation
References in this Schedule to statutory provisions are to provisions of the Sea Fish (Conservation) Act 1967f1, unless otherwise indicated.
Expressions used in this Schedule which are also used in the Sea Fish (Conservation) Act 1967 shall have the same meaning as in that Act, and cognate expressions shall be construed accordingly, except that references to, or to any of, the Ministers shall be construed without the modification made by section 22A of that Actf2.
Any reference in this Schedule to a function of the Ministers or to a function of one of the Ministers includes a function which has been transferred to the Scottish Ministers or the National Assembly of Wales only if, and only to the extent that, it remains exercisable by the Ministers or (as the case may be) one of the Ministers, as well as by the Scottish Ministers or the National Assembly of Wales.
2Modification of order-making functions
An order under section 1(3)f1 may make provision applying—
only to Northern Ireland fishing boats;
only to relevant British fishing boats other than Northern Ireland fishing boats;
only to the Northern Ireland zone.
An order under section 3f2 may make provision applying—
only to Northern Ireland fishing boats;
only to relevant British fishing boats other than Northern Ireland fishing boats.
Orders under section 6(1A)f5 prohibiting the trans-shipment of fish may make provision applying only to the Northern Ireland zone.
3Transfer of functions to the Department of Agriculture and Rural Development
The following functions shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and shall be transferred to the Department of Agriculture and Rural Development, namely—
the functions of the Ministers under section 1(3) of—
making an order prescribing the minimum size of fish which may be carried on a Northern Ireland fishing boat, and
making provision in such an order prohibiting the carrying of fish of less than the prescribed size within the Northern Ireland zone by fishing boats other than Northern Ireland fishing boats;
the functions of the Ministers under section 3 of—
making an order requiring nets and other fishing gear carried in Northern Ireland fishing boats to comply with prescribed requirements, and
making an order requiring nets and other fishing gear carried within the Northern Ireland zone in fishing boats other than Northern Ireland fishing boats to comply with prescribed requirements;
the function of the Ministers under section 4(1) of providing by order—
that in the Northern Ireland zone or any area comprised within that zone fishing by fishing boats is prohibited unless authorised by a licence, and
that in any specified area outside that zone fishing by Northern Ireland fishing boats is prohibited unless authorised by a licence;
the function of the Ministers under section 4f1 of granting—
licences authorising fishing within the Northern Ireland zone,
licences authorising fishing in any area within that zone, and
licences authorising fishing outside that zone by Northern Ireland fishing boats,
and the functions under section 4 in relation to such licences of the Minister who grants the licence;
the function of the Ministers under section 4A(1) of providing by order—
that in the Northern Ireland zone or in any area comprised within that zone the receiving by any vessel of trans-shipped fish is prohibited unless authorised by a licence, and
that within, or in any specified area within, British fishery limits but outside the Northern Ireland zone, the receiving by Northern Ireland fishing boats of trans-shipped fish is prohibited unless authorised by a licence;
the function of the Ministers under section 4Af2 of granting—
licences authorising the receiving by any vessel of trans-shipped fish within the Northern Ireland zone,
licences authorising the receiving by any vessel of trans-shipped fish in an area comprised within that zone, and
licences authorising the receiving of trans-shipped fish within, or in any specified area within, British fishery limits but outside the Northern Ireland zone by Northern Ireland fishing boats,
and the functions under section 4A in relation to such licences of the Minister who grants the licence;
the function of the Ministers under section 4Bf3 of making regulations about licences granted under section 4 or 4A by the Department of Agriculture and Rural Development;
the function of the Ministers under section 5f4 of prohibiting by order fishing within the Northern Ireland zone or in any area within that zone or fishing outside that zone by Northern Ireland fishing boats;
the function of the Ministers under section 6f5 of prohibiting by order the landing of fish in Northern Ireland or the trans-shipment of fish within the Northern Ireland zone;
the function of the Secretary of State for Trade and Industry under section 8f6 of regulating by order the landing of sea fish in Northern Ireland;
the functions of one of the Ministers under section 9(2), (3) and (4)f7 of authorising operations in the Northern Ireland zone or operations by Northern Ireland fishing boats outside that zone;
the function of the Ministers under section 10 of taking measures within the Northern Ireland zone for the increase or improvement of marine resources, and the function of concurring and assisting in such measures;
the function of the Ministers under section 15(3)f8 of conferring on British sea-fishery officers powers relating to—
any fishing boat in the Northern Ireland zone, or
any Northern Ireland fishing boat outside that zone.
So far as the functions mentioned in sub-paragraph (1)(a) to (f), (h), (i) and (m), and the function mentioned in sub-paragraph (1)(k) of authorising operations by Northern Ireland fishing boats outside the Northern Ireland zone, are exercisable—
in relation to British fishing boats, other than Northern Ireland fishing boats, within the Northern Ireland zone, and
in relation to Northern Ireland fishing boats, within British fishery limits but outside the Northern Ireland zone,
they shall, despite their transfer under sub-paragraph (1), be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
4Orders and regulations
Section 20(2) shall not apply to any order made under section 1(3), 3 or 15 by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979f1, and
shall be laid before the Assembly.
Section 20(2)f2 shall not apply to any order made under section 4(1), 4A(1), 5(1), 6(1) or (1A) or 8 by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954f3.
In its application to an order made under section 4(1) or 4A(1) by the Department of Agriculture and Rural Development, section 4(4) and section 4A(4) respectively shall have effect with the substitution of “the Department of Finance and Personnel” for “the Treasury”.
Section 4B(4) shall not apply to any regulations made by the Department of Agriculture and Rural Development under section 4B(1), but such regulations—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
In their application to an order made by the Department of Agriculture and Rural Development, section 6(1) and (1A) shall have effect with the omission of the reference to consultation with the Secretary of State.
In its application to an order made under section 8 by the Department of Agriculture and Rural Development, section 8(1), (2) and (3) shall have effect with the omission of the references to consultation with the Ministers.
1Modification of the Fisheries Act 1981
References in this Schedule to statutory provisions are to provisions of the Fisheries Act 1981f1, unless otherwise indicated.
Expressions used in this Schedule which are also used in the Fisheries Act 1981 shall have the same meaning as in that Act, and cognate expressions shall be construed accordingly.
2Functions under Part II of the Fisheries Act 1981 (schemes of financial assistance)
A scheme under section 15f1 may be limited so as to apply only to Northern Ireland fishing boats.
The functions conferred by sections 15 and 16f2 of—
making schemes applying only to Northern Ireland fishing boats, the Northern Ireland zone or a specified area within the Northern Ireland zone,
making grants and loans in accordance with such schemes,
requiring the Sea Fish Industry Authority to administer such schemes,
giving directions about accounts with respect to payments made under such schemes,
approving schemes of audit for such schemes, and
any function conferred by such schemes on a Minister of the Crown shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act and shall be transferred to the Department of Agriculture and Rural Development.
Those functions shall, despite their transfer, be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
Section 15(3) and (4) shall not apply to a scheme made by the Department of Agriculture and Rural Development, but any such scheme—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979f3;
shall be laid before the Assembly after being made; and
shall cease to have effect (without prejudice to anything previously done thereunder or to the making of a new scheme) after the expiration of the period of three months beginning with the day on which it is made, unless within that period it has been approved by a resolution of the Assembly.
Where Ministers of the Crown propose to make a scheme under section 15, they shall consult the Department of Agriculture and Rural Development if—
the fishing boats to which the scheme is to apply include Northern Ireland fishing boats, or
the area to which the scheme is to extend includes all or part of the Northern Ireland zone.
Section 16(5) shall not apply to a scheme made by the Department of Agriculture and Rural Development, but instead—
the auditors shall complete the audit of the accounts and send copies of the statement of accounts and of their report on the accounts and the statement to the Department of Agriculture and Rural Development as soon as possible after the end of the financial year to which they relate and in any event not later than 30th September following the end of that year, and
the Minister in charge of the Department of Agriculture and Rural Development shall lay copies of the statement and report before the Assembly.
In their application to a scheme made by the Department of Agriculture and Rural Development—
sections 15(1) and 16(3) shall have effect with the substitution of “the Department of Finance and Personnel” for “the Treasury”, and
section 16(6) shall have effect with the substitution for the reference to the Comptroller and Auditor General of a reference to the Comptroller and Auditor General for Northern Ireland.
3Function under section 30 of the Fisheries Act 1981 (enforcement of Community rules)
The function conferred by section 30(2) of making provision by order for the enforcement of any enforceable Community restriction or other obligation relating to sea fishing—
within the Northern Ireland zone, and
outside that zone in relation to Northern Ireland fishing boats,
shall be treated as exercisable in or as regards Northern Ireland for the purposes of section 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act and shall be transferred to the Department of Agriculture and Rural Development.
That function shall, despite its transfer under paragraph (1), be exercisable by the person by whom it was exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
Section 30(4) shall not apply to an order made by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
1Sea Fish Industry Act 1962
The function under section 17 of the Sea Fish Industry Act 1962f1 of authorising operations in the Northern Ireland zone—
shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and
shall be transferred to the Department of Agriculture and Rural Development.
2Sea Fisheries Act 1968
Orders under section 5 of the Sea Fisheries Act 1968f1 may make provision applying only to Northern Ireland fishing boats.
3Sea Fisheries Act 1968
The function conferred by section 5 of that Act of making provision by order in relation to operations within the Northern Ireland zone or in any area within that zone or operations outside that zone by Northern Ireland fishing boats—
shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and
shall be transferred to the Department of Agriculture and Rural Development.
So far as that function is exercisable—
in relation to British fishing boats other than Northern Ireland fishing boats, within the Northern Ireland zone,
in relation to Northern Ireland fishing boats outside the Northern Ireland zone,
in relation to any boat, for the purpose of implementing an obligation under Community law,
it shall, despite its transfer under sub-paragraph (1), be exercisable by the person by whom it was exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
Section 18(1) and 2f1 shall not apply to any order made under section 5 of the Sea Fisheries Act 1968 by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979f2, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954f3.
4Fishery Limits Act 1976
The function conferred by section 2 of the Fishery Limits Act 1976f1 of designating by order a country and areas within the Northern Ireland zone in which fishing boats registered in that country may fish—
shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 and 86 of the 1998 Act, and
shall be transferred to the Department of Agriculture and Rural Development.
Sections 2(7) and 6(1) of the Fishery Limits Act 1976 shall not apply to any order made under section 2 by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
5British Fishing Boats Act 1983
References in paragraphs 6 and 7 to statutory provisions are to provisions of the British Fishing Boats Act 1983f1, unless otherwise indicated.
Expressions used in paragraphs 6 and 7 which are also used in the British Fishing Boats Act 1983 shall have the same meaning as in that Act, and cognate expressions shall be construed accordingly.
6British Fishing Boats Act 1983
Orders under section 1f1 may make—
provision applying only to Northern Ireland fishing boats;
provision applying only to Northern Ireland.
7British Fishing Boats Act 1983
The following functions conferred by section 1 shall be treated as exercisable in or as regards Northern Ireland for the purposes of sections 6 (legislative competence) and 86 (provision for purposes consequential on Act etc.) of the 1998 Act, and shall be transferred to the Department of Agriculture and Rural Development, namely—
making an order under subsection (2) specifying as a restricted fishing area—
the Northern Ireland zone,
any area within that zone, or
for the purpose only of prescribing qualifications for Northern Ireland fishing boats, any area;
making an order under subsection (1) prescribing the qualifications for boats to be used in carrying out the operations mentioned in subsection (2)(a) or (b)—
in the Northern Ireland zone,
in any area within that zone, or
in the case of Northern Ireland fishing boats, in any restricted fishing area;
making an order under subsection (1) prescribing the qualifications for—
boats to be used in landing sea fish in Northern Ireland, or
Northern Ireland fishing boats to be used in landing sea fish anywhere in the United Kingdom;
making an order under subsection (5) about the stowing of fishing gear on boats in the Northern Ireland zone or any restricted fishing area within that zone; and
making an order under subsection (5) about the stowing of fishing gear on Northern Ireland fishing boats in any restricted fishing area.
So far as those functions are exercisable—
in relation to British fishing boats other than Northern Ireland fishing boats, in Northern Ireland or within the Northern Ireland zone, or
in relation to Northern Ireland fishing boats, outside Northern Ireland and the Northern Ireland zone, or
in relation to any boat, for the purpose of implementing an obligation under Community law,
they shall, despite their transfer under sub-paragraph (1), be exercisable by the person by whom they were exercisable immediately before the transfer as well as by the Department of Agriculture and Rural Development.
In relation to any provision made by order by the Department of Agriculture and Rural Development by virtue of section 1(3) prescribing conditions for qualification with respect to nationality, section 1(4) shall have effect with the substitution for the requirement that the conditions be such as appear to the Ministers to be necessary or expedient for the protection of the sea fishing industry in England and Wales and Northern Ireland, of a requirement that the conditions be such as appear to the Department of Agriculture and Rural Development to be necessary or expedient for the protection of the sea fishing industry in Northern Ireland.
Section 1(8) shall not apply to any order made under section 1 by the Department of Agriculture and Rural Development, but any such order—
shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and
shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Schedule 4REPEALS
| Chapter or Number | Short title | Extent of repeal |
|---|---|---|
| 1966 c. 17 (N.I.) | The Fisheries Act (Northern Ireland) 1966. | In section 206, the definition of “waters within British fishery limits which are adjacent to Northern Ireland”. |
| 1981/227 (N.I.7) | The Fisheries Amendment Order (Northern Ireland) 1981. | In Schedule 4, in Part I, under the heading “Section 206”, paragraph (a)(vii). |
Explanatory note
(This note is not part of the Order)
Article 3 of, and Schedules 1 to 3 to, this Order transfer to the Department of Agriculture and Rural Development functions relating to—
sea fishing in the Northern Ireland zone, and
sea fishing by Northern Ireland fishing boats.
As a consequence of these functions being transferred to the Department of Agriculture and Rural Development, various statutory provisions related to sea fisheries are amended by articles 6 and 7.