Section 133 Further provision as to byelawsI1

(1)

This section applies to any byelaw made under section 129 F1, 129A, 129B or 132(1) or (1A).

(2)

A byelaw to which this section applies is to be made under the common seal of the MMO.

(3)

If a byelaw to which this section applies F2is made under section 129, 129A or 132(1) and will or may affect any activity in Wales, the MMO must send a copy of the byelaw to the Welsh Ministers.

F3(3A)

If the byelaw is made under section 129B or 132(1A) and—

(a)

the byelaw will or may affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of the byelaw to the Welsh Ministers;

(b)

the byelaw will or may affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of the byelaw to the Scottish Ministers;

(c)

the byelaw will or may affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(4)

The MMO must—

(a)

make a copy of any byelaw to which this section applies available for inspection at its offices at all reasonable hours without payment;

(b)

provide a copy of any such byelaw to any person who requests one.

(5)

The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).

(6)

In the case of a byelaw made under section 129 F4or 129A in accordance with section 130, subsections (3) and (4) above apply only after the byelaw has been confirmed under section 130(8).

F5(6A)

In the case of a byelaw made under section 129B in accordance with section 130, subsection (3A) applies only after the byelaw has been confirmed under section 130(8).

(7)

A byelaw to which this section applies may be amended or revoked by a further byelaw.

Annotations

Textual amendments

F1: Words in s. 133(1) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 15(2) (with Sch. 4 para. 31)
F2: Words in s. 133(3) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 15(3) (with Sch. 4 para. 31)
F3: S. 133(3A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 15(4) (with Sch. 4 para. 31)
F4: Words in s. 133(6) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 15(5) (with Sch. 4 para. 31)
F5: S. 133(6A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 15(6) (with Sch. 4 para. 31)

Commencement

I1: S. 133 partly in force; s. 133 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

Notes on Chapter 1

Textual amendments

F1: Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)

Modifications

C1: Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
C2: Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a) 38(3)(4) (with regs. 38(5), 125)
C3: Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)

Notes on Byelaws for marine conservation: England and the English offshore region

Textual amendments

F1: Words in s. 129 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 9 (with Sch. 4 para. 31)