{
  "url": "https://openlegislation.uk/fishing-vessels-decommissioning-scheme-1997/section-5",
  "json_url": "https://openlegislation.uk/fishing-vessels-decommissioning-scheme-1997/section-5.json",
  "legislation": "uksi/1997/1924",
  "legislation_title": "The Fishing Vessels (Decommissioning) Scheme 1997",
  "legislation_url": "https://openlegislation.uk/fishing-vessels-decommissioning-scheme-1997",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Consideration of applications",
  "text": "(1) As soon as reasonably practicable after the appropriate closing date the Ministers shall—\n(a) identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,\n(b) divide the bid included in each such application by the number of capacity units of the vessel concerned, and\n(c) place each such application in rank according to the result of the calculation referred to in sub-paragraph (b) above.\n(2) The Ministers may reject any application if they consider the application to be unreasonable, unnecessary or unwarranted.\n(3) In exercising their powers under sub-paragraph (2) above the Ministers may have regard to—\n(a) the benefit likely to be derived from, and value for money represented by, the bid;\n(b) the extent to which approval of the application would contribute towards fulfilment of the obligations of the United Kingdom deriving from:\n(i) Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86, as read with Council Decision 94/15/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1994 to 31st December 1996 with a view to achieving a lasting balance between the resources and their exploitation;\n(ii) Council Decision 97/413/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1997 to 31st December 2001 with a view to achieving a lasting balance between the resources and their exploitation;\n(c) the amount of money available for this Scheme.\n(4) The Ministers shall reject any application if, as regards the measures to which the application relates, the Commission decides that this Scheme is, or any measures undertaken, or to be undertaken, under this Scheme, are, not compatible with the common market having regard to Article 92 of the E.C. Treaty.\n(5) The Ministers may reject any application if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.\n(6) Subject to sub-paragraphs (2) to (5) above and sub-paragraph (7) below, the Ministers shall select applications for approval by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.\n(7) Where as a result of the procedure referred to in sub-paragraph (6) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the number of days at sea spent on fishing trips by each of the vessels concerned during the calendar years 1995 and 1996, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "O.J. No. L401, 31.12.92, p. 33; Council Regulation (EEC) No. 4028/86 (O.J. No. L376, 31.12.86, p. 7) was revoked by Council Regulation 2080/93 (O.J. No. L193, 31.7.93, p. 1) but the Decision remains in force by virtue of Article 9 of the latter Regulation."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "O.J. No. L10, 14.1.94, p. 20."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "O.J. No. L175, 3.7.97, p. 27."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/1924/section/5",
    "retrieved_at": "2026-10-29T11:58:45.959545+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}