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The Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

S.S.I. 2019/69 · Made 21 February 2019 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Fisheries

Made 21st February 2019

Laid before the Scottish Parliament 25th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 M2 and all other powers enabling them to do so.

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

M2

2018 c.16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendments to Out of Date References in Subordinate Legislation
  4. 2The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 Repealed
  5. 3The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000
  6. 4The Shrimp Fishing Nets (Scotland) Order 2004
  7. 5The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007
  8. 6The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 Repealed
  9. Part 3: Other Amendments to Subordinate Legislation (EU Exit) Repealed
  10. 7The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000 Repealed
  11. 8The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 Repealed
  12. Signature
  13. Explanatory note

1Citation and commencementI1

(1)

These Regulations may be cited as the Fisheries (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.

(2)

These Regulations come into force as follows—

(a)

Parts 1 and 2 come into force on 28 March 2019,

(b)

Part 3 comes into force on exit day.

2The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000I1

(1)

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 M1 is amended as follows.

(2)

In article 2(1), for the definition of “the Council Regulation”, substitute—

““the Council Regulation” means Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms M2, as last amended by Council Regulation (EU) No. 812/2015 M3;”.

4The Shrimp Fishing Nets (Scotland) Order 2004I1

(1)

The Shrimp Fishing Nets (Scotland) Order 2004 M1 is amended as follows.

(2)

For article 2(2), substitute—

“(2)

For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation (EC) No. 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets M2.”.

5The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007I1

(1)

The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 M1 is amended as follows.

(2)

In article 2(1), in the definition of “the Regulation”, at the end insert “ , as amended by Council Regulation (EU) No. 605/2013 M2 ”.

6The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7The Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

FERGUS EWING

A member of the Scottish Government

St Andrew's House,

Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation concerning technical conservation measures for sea fisheries. The amendments update references to a number of EU instruments referred to in that legislation. The amendments also address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends the following subordinate legislation concerning technical conservation measures relating to sea fisheries: the Sea Fishing (Enforcement of Community Conservation Measures) (Scotland) Order 2000; the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000; the Shrimp Fishing Nets (Scotland) Order 2004; the Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007; and the Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010. Regulations 2 to 6 update or replace out of date references to EU law with either equivalent text or references to current EU instruments. References to EU instruments which are no longer in force are removed and, where appropriate, references to repealed EU instruments are replaced with references to current EU equivalents.

Part 3 makes amendments to subordinate legislation concerning technical conservation measures relating to sea fisheries. Regulations 7 and 8 make amendments to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union by updating, replacing or removing EU references, including references to EU instruments, which will become redundant or will no longer be appropriate after exit day.

A Business and Regulatory Impact Assessment has not been produced for this instrument as no significant impact on the private or voluntary sectors is foreseen.