Section 2 Interpretation

In this Scheme, unless the context otherwise requires—

• “the Act” means the Fisheries Act 1981;

• “application” means an application for grant and “applicant” shall be construed accordingly;

• “authorised officer” means any officer authorised in writing by the Ministers for the purposes of this Scheme;

• “breadth”, in relation to a vessel, means the breadth calculated and measured in accordance with the rules specified in Article 3 of Council Regulation (EEC) No. 2930/86 defining characteristics for vessels^f1 as amended^f2;

• “capacity units”, in relation to a vessel, means—

  $$\left(\mathrm{L}\mathrm{x}\mathrm{B}\right)+\left(0.45\mathrm{x}\mathrm{P}\right)$$

  where

  • L is the length of the vessel,

  • B is the breadth of the vessel, and

  • P is the engine power of the vessel expressed in kilowatts;

• “the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;

• “day” means all or any of a period of 24 consecutive hours beginning at midnight;

• “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community by means of scrapping and “decommissioned” and “decommissioning grant” shall be construed accordingly;

• “fishing trips” means time spent by a vessel—

  1. (a)

     engaged in fishing for profit;

  2. (b)

     steaming between port and fishing ground and between one fishing ground and another,

  and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;

• “grant” means decommissioning grant under this Scheme;

• “length”, in relation to a vessel, except in the case of paragraph 3(1)(e), means the length calculated and measured in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86;

• “licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967^f3;

• “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;

• “the register” means the register of vessels established under section 1 of the Merchant Shipping (Registration, etc.) Act 1993^f4 and references to “registered” shall be construed accordingly;

• “the relevant area” means the area consisting of—

  1. (a)

     the Community waters, and

  2. (b)

     the sea falling under the sovereignty or within the jurisdiction of Norway south of latitude 62° north;

• “relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b);

• “scrapping”, in relation to a vessel, means permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose and “scrapped” shall be construed accordingly;

• “sea fish” has the same meaning as in Part II of the Act^f5.

Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.

Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in this Scheme to such a payment shall be construed accordingly.